“It happened, according to the account of a monk of the said order in that province, that the ants, which thereabouts are both numerous, large, and destructive, had, in order to enlarge the limits of their subterranean empire, undermined the cellars of the Brethren, burrowing beneath the foundations, and thus weakening the walls which daily threatened ruin. Over and above the said offence was another, they had burglariously entered the stores, and carried off the flour which was kept for the service of the community. Since the hostile multitudes were united and indefatigable night and day—
Parvula, nam exemplo est, magni formica laboris
Ore trahit quodcumque potest, atque addit acervo
Quern struit ... (Horace, Sat. i.)—
the monks were brought into peril of famine, and were driven to seek a remedy for this intolerable nuisance: and since all the means to which they resorted were unavailing, the unanimity of the multitude being quite insurmountable, as a last resource, one of the friars, moved by a superior instinct (we can easily believe that), gave his advice that, returning to the spirit of humility and simplicity which had qualified their seraphic founder, who termed all creatures his brethren—brother Sun, brother Wolf, sister Swallow, etc.—they should bring an action against their sisters the Ants before the divine tribunal of Providence, and should name counsel for defendants and plaintiffs; also that the bishop should, in the name of supreme Justice, hear the case and give judgment.
“The plan was approved of; and after all arrangements had been made, an indictment was presented by the counsel for the plaintiffs, and as it was contested by the counsel for the defendants he produced his reasons, requiring protection for his clients. These latter lived on the alms which they received from the faithful, collecting offerings with much labour and personal inconvenience; whilst the ants, creatures whose morals and manner of life were clearly contrary to the Gospel precepts, and were regarded with horror on that account by S. Francis, the founder of the confraternity, lived by fraud; and not content with acts of larceny, proceeded to open violence and endeavours to ruin the house. Consequently they were bound to show reason, or in default be concluded that they should all be put to death by some pestilence, or drowned by an inundation; at all events, should be exterminated from the district.
“The counsel for the little black folk, replying to these accusations, alleged with justice to his clients, in the first place: That, having received from their Maker the benefit of life, they were bound by a law of nature to preserve it by means of those instincts implanted in them. Item, That in the observance of these means they served Providence, by setting men an example of those virtues enjoined on them, viz. prudence—a cardinal virtue—in that they (the ants) used forethought, preparing for an evil day: ‘Formicæ populus infirmus, qui præparat in messe cibum sibi’ (Prov. xxx. 25); diligence, also, in amassing in this life merits for a life to come according to Jerome: ‘Formica dicitur strenuus quisque et providus operarius, qui presenti vita, velut in æstate, fructus justitiæ, quos in æternum recipiet, sibi recondit’ (S. Hieron., in Prov. vi.); thirdly, charity, in aiding each other, when their burden was beyond their strength, according to Abbat Absalon: ‘Pacis et concordiæ vivum exemplum formica reliquit, quæ suum comparem, forte plus justo oneratum, naturali quadam charitate alleviat’ (Absalon apud Picinellum, in Mundo symbolico, 8); lastly, of religion and piety, in giving sepulture to the dead of their kind, as writes Pliny, ‘sepeliuntur inter se viventium solæ, præter hominem’ (Plin., lib. xi. 36); an opinion borne also by the monk Malchus, who observes, ‘Hæ luctu celebri corpora defuncta deportabant’ (S. Hieron., in Vita Malchi).
“Item, That the toil these ants underwent far surpassed that of the plaintiffs, since their burdens were often larger than their bodies, and their courage greater than their strength.
“Item, That in the eyes of the Creator men are regarded as ‘worms’; on account of their superior intelligence, perhaps superior to the defendants, but inferior to them morally, from having offended their Maker, by violating the laws of reason, though they observed those of nature. Wherefore they rendered themselves unworthy of being served or assisted by any creatures, since they (men) had committed greater crimes against heaven than had the clients of this learned counsel in stealing their flour.
“Item, That his clients were in possession of the spot in question before the appellants had established themselves there; consequently that the monks should be expelled from lands to which they had no other right than a seizure of them by main force.
“Finally, he concluded that the plaintiffs ought to defend their house and meal by human means which they (the defendants) would not oppose; whilst they (the defendants) continued their manner of life, obeying the law imposed on their nature, and rejoicing in the freedom of the earth; for the earth belongs not to the plaintiffs but to the Creator: ‘Domini est terra et plenitudo ejus.’
“This answer was followed by replies and counter-replies, so that the counsel for the prosecution saw himself constrained to admit that the debate had very much altered his opinion of the criminality of the defendants. He had, the learned counsel for the defendants argued, admitted that the action was brought by brethren against sisters, brethren Monks against sister Ants. The sister Ants, conform to the law of nature imposed on them, continued the counsel for the insects; the brother Monks, claiming to be ruled by an additional law, that of reason, violate it, so that they place themselves only under the law of animal instinct, the same which regulates the ants. The latter are not raised to the level of man, but the friars have lowered themselves to that of brutes. Consequently, the action is not between man and beast, but between beast and beast. All arguments founded on the assumption of higher intelligence in man consequently break down.