Since any neglect of legal forms was thought to deprive a judgment of its
magical as well as legal power, the most scrupulous care was exercised in
the conduct of these frequently recurring processes against may-bugs,
grasshoppers, cabbage-worms, field-rats and other noxious vermin. There is
yet extant a detailed and luminous document by the learned Bartholomeus
Chassanæus (born 1480), in which the question if, and how, such pests
should be proceeded against in the courts is carefully considered: whether
they should appear personally or by deputy; whether they are subject to a
spiritual or a secular tribunal, and if the penalty of excommunication can
be applied to them. He proves on many grounds that the jurisdiction to
which they are accountable is the spiritual, and that they may properly be
excommunicated. Still the question of jurisdiction remained unsettled, and
a civil prosecution of the field-rats in Tyrol, 1519-20, proves among
other things that a secular tribunal sometimes considered itself justified
in deciding such suits. The peasant Simon Fliss appeared before William of
Hasslingen, judge in Glurns and Mals (Ober-In-valley), as plaintiff
against the field-rats which were committing great depredations in his
parish. The court then appointed Hans Grinebner, a citizen of Glurns, to
be the advocate of the accused, and furnished him, before witnesses, with
the requisite commission. Thereupon the plaintiff chose as his advocate
Schwarz Minig, and obtained from the tribunal upon demand a warrant of
authority for him likewise. On the day of trial, the Wednesday after St.
Philip's and St. James's day, many witnesses were examined, establishing
that the rats had caused great destruction. Schwarz Minig then made his
final plea that the noxious animals should be charged to withdraw from
mischief, as otherwise the people of Stilf could not pay the annual tithes
to their high patron. Grinebner, counsel for the defence, could not and
would not make exception to the testimony, but tried to convince the court
that his clients "enjoyed a certain right of usufruct which could hardly
be denied them." If the court were of another opinion and considered it
best to eject them, he yet hoped they would first be granted another
place where they could support themselves. Besides there should be given
them at their departure a sufficient escort to protect them against their
enemies, whether cat, dog, or other adversaries; and he also hoped that,
if any of the rats were pregnant, time might be allowed them to be
delivered and afterwards depart in safety with their progeny. The decision
was rendered in the following terms: "After accusation and defence, after
statement and contradiction, and after due consideration of all that
pertains to justice, it is by this sentence determined that those noxious
animals which are called field-rats must, within two weeks after the
promulgation of this judgment, depart and forever remain far aloof from
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