“Furthermore, it is illicit to do that which is nugatory and of non-effect (_qui ne porte coup_); in this respect justice is like nature, which, as the philosopher affirms, does nothing _mal à propos_ or in vain: _Deus enim et Natura nihil operantur frustra_. Now I leave it to you to decide whether anything could be more futile than to summon these irrational creatures, which can neither speak for themselves, nor appoint proxies to defend their cause; still less are they able to present memorials stating grounds of their justification. If then, as I have shown, the summons, which is the basis of all judicial action, is null and void, the proceedings dependent upon it will not be able to stand: _cum enim principalis causa non consistat, neque ea quae consequuntur locum habent_.” The counsel for the defence rests his argument, of which the extract just given may suffice as a sample, upon the irrationality and consequent irresponsibility of his clients. For this reason he maintains that the judge cannot appoint a procurator to represent them, and cites legal authorities to show that the incompetency of the principal implies the incompetency of the proxy, in conformity with the maxim: _quod directe fieri prohibetur, per indirectum concedi non debet_. In like manner the invalidity of the summons bars any charge of contempt of court and condemnation for contumacy. Furthermore, the very nature of excommunication is such that it cannot be pronounced against them, since it is defined as _extra ecclesiam positio, vel è qualibet communione, vel quolibet legitimo actu separatio_. But these animals cannot be expelled from the Church, because they are not members of it and do not fall under its jurisdiction, as the apostle Paul says: “Ye judge them that are within and not them also that are without.” _Excommunicatio afficit animam, non corpus, nisi per quandam consequentiam, cujus medicina est._ The animal soul, not being immortal, cannot be affected by such sentence, which involves the loss of eternal salvation (_quae vergit in dispendium aeternae salutis_).