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.