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 _ferae naturae_, 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.