in the neighbourhood where I was, and at the time I was trying my best at this question, which puzzled me a good deal. A rector of a little town in Shropshire, who was at variance with all his parishioners, had conceived a particular spite to a lawyer who lived next door to him, and as a means of annoying him, used to get together all sorts of rubbish, weeds, and unsavoury materials, and set them on fire, so that the smoke should blow over into his neighbour's garden; whenever the wind set in that direction, he said, as a signal to his gardener, 'It's a fine Wicksteed wind to-day'; and the operation commenced. Was this an action of assault and battery, or not? I think it was, for this reason, that the offence was unequivocal, and that the only motive for the proceeding was the giving this offence. The assailant would not like to be served so himself. Mr. Bentham would say, the malice of the motive was a set-off to the injury. I shall leave that _prima philosophia_ consideration out of the question. A man who knocks out another's brains with a bludgeon may say it pleases him to do so; but will it please him to have the compliment returned? If he still persists, in spite of this punishment, there is no preventing him; but if not, then it is a proof that he thinks the pleasure less than the pain to himself, and consequently to another in the scales of justice. The _lex talionis_ is an excellent test. Suppose a third person (the physician of the place) had said, 'It is a fine Egerton wind to-day,' our rector would have been non-plussed; for he would have found that, as he suffered all the hardship, he had the right to complain of and to resist an action of another, the consequences of which affected principally himself. Now mark: if he had himself had any advantage to derive from the action, which he could not obtain in any other way, then he would feel that his neighbour also had the same plea and right to follow his own course (still this might be a doubtful point); but in the other case it would be sheer malice and wanton interference; that is, not the exercise of a right, but the invasion of another's comfort and independence. Has a person, then, a right to play on the horn or on a flute, on the same staircase? I say, yes; because it is for his own improvement and pleasure, and not to annoy another; and because, accordingly, every one in his own case would wish to reserve this or a similar privilege to himself. I do not think a person has a right to beat a drum under one's window, because this is altogether disagreeable, and if there is an extraordinary motive for it, then it is fit that the person should be put to some little inconvenience in removing his sphere of liberty of action to a reasonable distance. A tallow-chandler's shop or a steam-engine is a nuisance in a town, and ought to be removed into the suburbs; but they are to be tolerated where they are least inconvenient, because they are necessary somewhere, and there is no