Is not this pride utterly insupportable? Could one who entertained such a conception deserve a punishment less than that of being born a man? Yet it is not on this account that I urge you to condemn this man; since the poor beast has not the use of reason like ourselves, I excuse his errors in so far as they are produced by lack of understanding; but I ask justice on account of those which are daughters of his will. As, for example, that he kills us without being attacked by us; that he eats us when he might satisfy his hunger with more suitable food; and, which I consider the most cowardly of all, that he debauches the natural disposition of hawks, falcons and vultures, by teaching them to massacre their kind, to feed upon their like or to deliver us into his hands.

This consideration alone is so heinous that I ask the court to condemn him to extermination by a sad death.[68]

The whole Bar shivered with horror at the idea of so great a torture; and, with the purpose of moderating it, the King made a sign to my counsel to reply. It was a starling, a great jurisconsult, who, striking his foot thrice upon the branch which supported him, spoke to the assembly as follows:

"It is true, gentlemen, that moved by pity I undertook the case of this wretched beast; but, at the moment of pleading, remorse of conscience has come to me and a kind of secret voice forbidding me to undertake so detestable an action. Thus, gentlemen, I declare to you and to the court that for the sake of my soul's salvation I will not contribute in any fashion towards the duration of such a monster as man."

The whole populace clapped their beaks as a sign of rejoicing and to congratulate the sincerity of so worthy a bird.

My magpie presented itself to plead in his place, but silence was imposed upon it because, since it had been brought up by men and was perhaps infected by their morals, there was some fear it would approach my case with a prejudiced mind; for the Court of Birds will not hear an advocate who is more interested on behalf of one client than another, unless he can show that this preference comes from the party's right.

When my judges saw that nobody came forward to defend me they stretched out their wings, shook them and flew immediately to consultation.

I learned afterwards that the greater part insisted strongly that I should be exterminated by a sad death; but yet, when they perceived the King inclined to milder measures, they revised their opinions; thus my judges moderated themselves and instead of a sad death, which they remitted, they thought meet to fit my punishment to one of my crimes. To annihilate me by a punishment which would serve to undeceive me by challenging the pretended empire of men over birds, they ordered that I should be given up to the anger of the weakest among them; which meant that they condemned me to be eaten by flies.

At that moment the assembly rose and I heard a murmur go round that the circumstances of my suffering had not been gone into in detail, because of an accident to a bird of the party, which had fallen in a swoon just as it was about to speak to the King. They thought this had happened from the horror caused it by looking too fixedly at a man; and so the order was given for me to be taken away.

Sentence was pronounced upon me; and as soon as the osprey who filled the office of clerk of the court had finished reading it to me, I perceived the sky about me black with flies, humble-bees, midges, gnats, and fleas, buzzing with impatience. I expected to be carried off by my eagles as before, but in their place I saw a great black ostrich, which set me shamefully astride its back; for with them this position is the most ignominious in which a criminal can be placed, and whatever offence a bird has committed it cannot be condemned to this.