CHAPTER XI

_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.

The Adventures of Hugh Trevor · 第 11 / 24 章