But what's fascinating, and revealing, about these trials is that they were extended to "vermin" as well. "rats, mice, moles, eels, serpents, locusts, worms, flies, caterpillars, beetles, leeches, snails, and weevils" were brought to trial, where lawyers were appointed as prosecution and defense.
Aberth outlines one such trial in detail, and it is a royal hoot. It all started when some pest - the court record describes them as "green flies;" Aberth suggests they were cherry weevils, but this doesn't seem like a great guess to me, though he's probably right that they weren't actually flies - destroyed the vineyards in St. Julien, France. The viticulturists, depending on the grapes for their livelihood, naturally took the case to the bishop's court and sued the flies. Two lawyers, Anthony Filliol and Peter Rembaud, were appointed as their public defenders.
The prosecution wanted the flies excommunicated. Excommunication is "an institutional act of religious censure used to deprive, suspend, or limit membership in a religious community or to restrict certain rights within it." It's not entirely clear what that might have meant for the flies, but fortunately, they never had to find out. The defense argued that since the flies were acting "by their natural instinct alone," excommunication "would be an unaccustomed and unusual mode and form of proceeding" since that punishment is only earned by behavior in active contempt of the Church.
The prosecution argued that men were " created and established that he might rule other creatures and dispose of the terrestrial orb [as he see fit]" - the flies had violated the natural order! But the defense were savvy evolutionary ecologists. Recognizing coevolution when they saw it, they pointed out that natural law "demanded that the said animals live as well as they can off of these plants, which seem to have been created for the use of the said animals."
This was a persuasive case. The prosecution was sweating in their wigs. Rather than chancing a judge's decision, they decided to settle with the flies out of court! The townspeople agreed to set aside a preserve at the outer edge of the village for the flies to live in. The settlement agreement specified the exact boundaries and plant species to be established within. Folliol and Rembaud were not satisfied, however. They contested the settlement, claiming that the land designated "is not sufficient nor suitable for the nourishment of the said animals since it is an infertile place and renders nothing,"
The story ends there, unfortunately, because the rest of the record was eaten by insects. :/
This trial is remarkable for a number of reasons. It resulted in what is probably the first insect sanctuary on record. It shows that "vermin" were granted effective defense attorneys, while in the same time period people tried for heresy, like witches and Jews, had no legal protection at all.
Aberth puts forward the argument that these trials were largely symbolic, acknowledging a transgression of the proper hierarchy of man over beast, and formally reinforcing the natural order. But no one really knows, so we can infer a much more interesting story if we want to. Maybe one of the weevils was an amateur law scholar and sat on Folliol's shoulder during the trial like the rat in Ratatouille.
Here's Aberth's telling of the story:
“To modern minds, one of the more bizarre and
incomprehensible aspects of the Middle Ages are the animal trials that reached
their apogee towards the end of the medieval period during the fifteenth and
sixteenth centuries. One cannot help but be bemused by the spectacle of
domestic animals such as pigs (by far the most frequent defendants in such
trials), cows, oxen, goats, horses, donkeys, dogs, and roosters being put in
the dock and solemnly sentenced to death; how much more risible to us is the
entirely separate category of Church proceedings that targeted a host of lowly “pests”
and “vermin” such as rats, mice, moles, eels, serpents, locusts, worms, flies,
caterpillars, beetles, leeches, snails, and weevils, in which it was hardly
likely that the animals could be brought to the bar of judgment but where the legal
argumentation back and forth between prosecution and defense was even more
elaborate, and which often ended in excommunication and exorcism of the
accused.”
“In this view, the trials were intended, not as a punishment
of animals per se, but rather as public spectacles with a message directed
exclusively at their human spectators, namely, that human justice was
reasserting its primacy over the animal world and the divinely ordained
hierarchy was being re-established, which had temporarily been overturned or
challenged by the animal crime.”
“. . . in 1587, the community and parish of St. Julien in
the Savoy region of France sued the "green flies" (perhaps cherry
weevils) that destroyed their vineyards before the bishop's court at Maurienne.
Central to the argument for the defence of the weevils by their advocates,
Anthony Filliol and Peter Rembaud, was a principle already enunciated
throughout the Middle Ages from St. Augustine to St. Thomas Aquinas and going even
further back to Aristotle: that brute beasts are judged to live and act
"by their natural instinct alone," since they "are lacking in
the sense and use of reason." Therefore, to excommunicate the flies for
their supposed crime of devouring the vineyards, as the syndics of St. Julien wished,
would be an unaccustomed and unusual mode and form of proceeding," since
according to canon law as enunciated by Gratian's Decretum, such a sentence can
only be promulgated "by reason of the contumacy" of the accused, but
"it is certain that the said animals cannot be established to be in
contempt [of the Church], since reason and justice do not rule the said
animals."
Filliol and Rembaud were, in fact, making a very modern-sounding
argument that animals should not be tried before the bar of human justice at
all, since they could not be expected to follow its rational procedures and
obey our laws. To the prosecution's argument that "man was created and
established that he might rule other creatures and dispose of the terrestrial
orb [as he see fit] in equity and justice the defence responded that both and
natural law, which were eternal and could not be changed, as well as dictates
of reason "demand that the said animals live as well as they can off of
these plants, which seem to have been created for the use of the said
animals." Apparently, the syndics and community of St. Julien were wary
enough of their chances of a favorable judgment to attempt an out-of-court
settlement with the flies. On the 29th of June, at an assembly in the town
square where a settlement was recorded and read out in French (as opposed to
the formal Latin of the rest of the trial record), the townspeople agreed to
set aside a piece of land, called Le
Grand Feisse, especially for the tenance and for them to live in which lay
on the outer edge of the village and whose exact boundaries and species of
plants were specified.
Nevertheless, the counsel for the defense of the weevils
still contested the settlement on the grounds that the assigned land "is
not sufficient nor suitable for the nourishment of the said animals since it is
an infertile place and renders nothing," What the end result was we will
never know, for this is the last record that we have on a case that had dragged
on for nearly six months: In a sublime piece of irony, or perhaps justice,
insects or vermin had the last word on the whole affair by eating and gnawing
through the last page of the document recording the trial!
What is remarkable about all this legal back and forth just
for the sake of some weevils is how it contrasts with a series of witch trials
in nearly the same region and on almost the same charge, destroying vineyards
by an act of nature, from a century before. In that case, the accused witches
were burned at the stake for destroying the wine harvest through a killing
frost, heavy rains, and storms, whereas the flies who were actually caught in
the act of eating the crop were treated almost with kid gloves, being provided
with a nature sanctuary all their very own (perhaps the first one of its kind
for insects, which is now quite common in the modern world). One could say that
the witches were associated with the devil in their trials, while the weevils
were portrayed by the defense as God’s agents, acting out his natural laws,
although witches were not even allowed defense representation, on the basis of
a precedent established in heresy cases.”