The Trial of Rats

Chassanee won his first laurels in a trial of rats in the diocese of Autun, 1445.

Trials of wild animals of obnoxious description, as rats, locusts, caterpillars, and such like, were conducted in ecclesiastical courts between the years 1120 and 1740. In the last-named year the trial and execution of a cow took place. The proceedings were complicated, and, not having the sanction of Mosaic law, were founded on the following thesis:--

"As God cursed the serpent, and our Saviour the barren fig-tree, so in like manner the Church hath full power and authority to exorcise and anathematize and excommunicate all animate and inanimate things. But as the lower animals, being created before man, were the first heirs of the earth; as God blessed them, and gave them every green herb for meat; as they were provided for in the ark, and entitled to the privileges of the Sabbath,--they must be treated with all due deference consistent with justice."

The process was as follows: the inhabitants of a district being annoyed by certain animals, the court appointed experts to survey and report upon the damage done: and advocate was then appointed to defend the animals, and to show cause why they should not be summoned.

They were then cited three times; and, not appearing, judgment was given against them by default. The court next issued a "Monitoire," warning the animals to leave the district within a certain time under penalty of adjuration. If they did not disappear on or before the time appointed, the exorcism was pronounced with all due solemnity.

During the whole period, religious processions and other elaborate ceremonies, that had to be well paid for, were strictly enjoined. The summonses were served by an officer of the court, reading them in places which the animals frequented.

These citations were written out with all due formality: thus, in a trial against rats, the defendants were described as "dirty animals in form of rats, of a grayish color, living in holes."

This trial is famous in the annals of French law; for in it Chassanee, the celebrated Juris-Consult, the Coke of France, won his first laurels.

The rats not appearing on the first summons, Chassanee, their counsel, argued that the summons was of too local and individual a character; that, as all the rats in the diocese were interested, all the rats from all parts of the diocese should be summoned.

This plea being admitted, the curate of every parish in the diocese was instructed to summon every rat for a future day.

The day arriving, but no rats, Chassanee said, that as all his clients were summoned, including young and old, sick and healthy, great preparations had to be made, and therefore he begged for extension of time. This being granted, another day was appointed.

The rats still failing to appear, Chassanee denied the legality of the summons under certain circumstances.

A summons from that court, he argued, implied full protection to the parties summoned, both on their way to it, and on their return home; but his clients, the rats, though most anxious to appear, in obedience to the court, did not dare to stir out of their holes, on account of the number of evilly disposed cats kept by the plaintiffs.

"Let the latter," he continued, "enter into bonds under heavy pecuniary penalties, that their cats shall not molest my clients, and the summons will be at once obeyed."

The plaintiffs declining to be bound over for the good behavior of their cats, the time for the attendance of the rats in court was postponed indefinitely.

Thus Chassanee, winning his first case, laid the foundation of his future fame.

Legal proceedings against animals were not confined to France alone; in Germany, Spain, Switzerland, and Italy, the lower animals were subject to the law; and cases are recorded in which they were condemned, and burned at the stake, with all the solemnity belonging to a judicial punishment in the case of men.