Pierre Piquet, guardian of Nicolas Macquereau (a minor), let to
Giles Bolacre a house in the suburbs of Tours. Poor Bolacre was
promptly disturbed by a noise and routing of _invisible_ spirits,
which suffered neither himself nor his family to sleep o' nights.
He then cited Piquet, also Daniel Macquereau, who was concerned in
the letting of the house, before the local seat of Themis. The case
was heard, and the judge at Tours broke the lease, the hauntings
being insupportable nuisances. But this he did without letters
royal. The lessors then appealed, and the case came before the Cour
de Parlement in Paris. Maitre Chopin was for the lessors, Nau
appeared for the tenant. Chopin first took the formal point, the
Tours judge was formally wrong in breaking a covenant without
letters royal, a thing particularly bad in the case of a minor,
Nicolas Macquereau.
So much for the point of form; as to the matter, Maitre Chopin
laughed at the bare idea of noisy spirits. This is notable because,
in an age when witches were burned frequently, the idea of a haunted
house could be treated by the learned counsel as a mere waggery.
Yet the belief in haunted houses has survived the legal prosecution
of witches. 'The judge in Tours has merely and mischievously
encouraged superstition.' All ghosts, brownies, lutins, are mere
bugbears of children; here Maitre Chopin quotes Plato, and Philo
Judaeus in the original, also Empedocles, Marcus Aurelius,
Tertullian, Quintilian, Dioscorides. Perhaps Bolacre and his family
suffer from nightmare. If so, a physician, not a solicitor, is
their man. Or again, granting that their house _is_ haunted, they
should appeal to the clergy, not to the law.
Manifestly this is a point to be argued. Do the expenses of
exorcism fall on landlord or tenant? This, we think, can hardly be
decided by a quotation from Epictetus. Alexis Comnenus bids us seek
a bishop in the case of psychical phenomena ([Greek]). So Maitre
Chopin argues, but he evades the point. Is it not the business of
the owner of the house to 'whustle on his ain parten,' to have his
own bogie exorcised? Of course Piquet and Macquereau may argue that
the bogie is Bolacre's bogie, that it flitted to the house with
Bolacre; but that is a question of fact and evidence.
Public-domain text, read in full here on John Shaqi.
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