_Different accounts of the battle: Olivia offended: Legal
distinctions, and law-suits commenced_
The rumours of the village soon made it apparent that the history of
the battle royal, as given by the vanquished party, like many other
histories, deviated in various particulars from the strict truth.
Thus the Squire asserted that he and his myrmidons quitted the field
victoriously, drums beating and colours flying; after having driven
the enemy back into their citadel and strong holds, out of which they
durst not peep: and to the truth of what the Squire asserted his
trusty adherents made it a case of conscience to swear.
Encouraged by so good an example, Hector vaunted loudly of his own
high feats of arms; and by his narration made it appear, not only how
much he had the best of the battle with me, but that it was by kicking
him when up, kneeing him when down, striking him when rising, and
other such like cowardly foul and malicious acts, that he brought home
such a quantity of bruises (of which with all his valour he bitterly
complained) together with a pair of black eyes.
Knowing my partiality for his sister, and suspecting that Olivia
herself was not without her inclinations, he did not fail to repeat
these particulars when she was present; carefully adding such other
injurious accusations and epithets as might most effectually lower me
in her esteem. His efforts were successful: Olivia was offended, first
that her brother should be so cruelly beaten by one of whom she had
conceived so kindly, and next that it should be by such base and
dishonourable means. Thus one of my chief pleasures, that of visiting
at Mowbray Hall, admiring and sometimes mounting the Squire's hunters,
and straying through the gardens and grounds with the gentle Olivia,
was cut off.
Hector by this time had passed the age of sixteen, and the wrath of
the Squire rose so high that he would not suffer him any longer to go
to the same school with me: for which reason, it being a part of his
plan to send his heir to the university, that he might not only be a
Squire but a man of learning, and thus become greater even than his
father before him, preparations and arrangements were made something
sooner than had been intended, and not long afterward he was entered a
gentleman commoner of ****** college, Oxford.
It has been noticed that the farmers thought more of the vexation of
their case than of the law; but not so the rector; he thought first of
the law, and the law told him that the vexation of the case relative
to tythes, was all in his favour. Of the late affray with the Squire
indeed he had his doubts. As for the entrance upon his premises,
though it might be pleaded it was for a lawful purpose, namely, that
of paying tythes, yet, as rats were _feræ naturæ_, and therefore
things not tythable, it was very plain that this was a case of
trespass _ab initio_, and his action would lie for _a trespass vi et
armis_. But unfortunately passion had prevented him from waiting to
bring his action, and he had assumed the _vi et armis_ to himself in
the first instance, not having patience to attend the slow and limping
pace of the law. He was not indeed quite certain that, although he and
his party gave the first blows, an action of battery brought against
Mowbray might not be justified: for did he not come upon him in
full force; he, the rector, being in the peace of God and our Lord
the King? And did not he, the Squire, by shouting and oaths and
blasphemous words, put him, the rector, in bodily fear? And was not
the very act of turning ferocious animals, namely, Norway rats, loose
in his hall, to the danger of his face, eyes, and throat, a very
indubitable and sufficient assault? Was it not likewise clearly in
self defence, that the rector and his faithful servants did _molliter
manus imponere_ on the Squire and his crew?--The _molliter_ it is true
appeared rather doubtful: but then it was a term of law, and would
bear that exact signification which the circumstances of the case
required, and lawyers so well know how to give.
Thus, with law in his head, wrath in his heart, and money in his
pocket, away went the rector to hold consultations with his now
favourite friend the attorney; who has before been mentioned as so
thorough bred and far famed a practitioner; the result of which was
that an action of _trespass upon the case_, as the safest mode of
proceeding, should be brought against the Squire; and that public
information should be given that tythes in kind would in six months be
demanded from the whole parish; with a formal notice that as malicious
threatenings had been uttered against the rector, whom the laws,
civil, common, and ecclesiastical, would protect, if any such
threatenings should be put in execution actions against the offenders
would immediately be instituted.
It was the spring of the year when these resolutions were taken, and
before the end of the following November the rector, in consequence of
squabbles, insults, and frauds, had brought actions against more than
half his parishioners; by which the attornies, counsellors, and courts
were in the end the only gainers, while plaintiff and defendant most
ardently concurred and rejoiced in the ruin of each other. But so
it is: anger, avarice, and law are terrible things; and malice and
selfishness are indefatigable foes.