The National Register.
London, England, 1811-08-11 00:00:00

SUMMER ASSIZES.

HERTFORD.—MoNDAY, Auousr 5.
FOX-HUNTING.
JOHNSON V. OLDACRE,
This was en action of trespass, for bresking and entering the
plaintiff's grourd. Th.- defendant, who was huntsman of the
ISerkeley liunt, pleaded, as a justification, that he was the ser-
vant of on Wood, Fsq. who was a qualified man; that they
had started a fax in hunting, which ran over the ground of the
plaintiff, and that they followed it, as the only means of killing a
noxious animal. The replication stated, that the defendant pur-
sued the fox for the sport of hunting, and not for the purpose of
destroying the fax as a noxious animal.
Mr. Serjeent Shei;"‘erd litieing stated the substance and effect
of the pleadings, b er.ed, that it now became a question, whe-
ther any person within reach of the Berkeley Hunt was to have
the full enjoyment of his estate or not. He took it to be clear
law, that the occupier of an estate had absolute dominion over it,
subject to such rights in others as the law acknowledged, such
is rights of way, &c. but no person had a right to enter the lands
of another for his own recreation. And although this action
was defended by a stork-purse, he hoped the Jury would give
such damages that even the subscription-purse of a hunting club
would find it to be most to their interest not to violate the lanes
of others. The defendent, by the plea which he had put upon
the record, had said, the lie had committed the trespass fur the
purpose of destroying a noxious animal, called afx. Could the
Jury really believe that this was the motive of the Berkeley
Hunting Club? Were they associated a 3 a body of wrrain catchers,
who had met together and united for the patriotic motive of de-
etroying noxious animals, to improve the husbandry of the coun-
try? Indeed, In some respects they did resemble them. He bed
frequently seen a rat-catcher or a mole-catcher walk about with
the emblems of his trade bedecking his person, vie. a broad belt
ornamented with brazen rats, horseshoes, and m01e,.---So these
Gentlemen .of the Berkely Hunt wore the livery of their pro-
feeion, they mounted scarlet coats, with foxes embroidered cn
tho collar; but yet he could not believe they meant by this to
signify that they were a club of vermin deAroyers, which they
must be, to make out the justification they had pleaded. For
instance, if a Reverend Divine should be of the party, and he
ehould have seen him pursuing the fox, he should naturally eja-
culate, " Why, that Reverend Gentleman, whom I heard with
so much delight last Sunday, cannot be really intent on destroy-
ing noxious vermin with the only view to benefit the ag• iculture
of the country I No, he is surely amusing himself by the plsa-
suree of the chase." Or, if he should see among the proupe a
wealthy City Banker, he should naturally exclaen, « Why, he
has not left his count r in Lombard-street, to exercise vermin
catching as a trade ? No, no! he is enjoying the pleasures ai isieg
from field sports." But, said the Learned Serjcant. these Gen-
tlemen must not pursue their own pleasure by violating the laws
and trespassing upon the property of others. Every man has a
rieht to the absolute enjoyment of his own property, and it is not
to be encroached upon by others. If he were asked, then, would
' he wholly destroy fox-hunting ? He answered no: but let it be
pursued, as it ought to be, by Gentlemen in their own neighbour-
hood, where mutual accommodation would have taken place,
and not on the Manor of the Berkely Hunt, which was kept on
foot by subscription, and the neighbourhood was overwhelmed
by a party of Londoners, most of whom had no property in the
place which they chose to make the scene of their spurts, and
annoyed all the honest yeomanry, with whom they had no feel-
ing in conanon.
Robert Williams, Esq. of Moore Parke, and three other wit-
nesses, proved the trespass.
Mr. Serjeant Best, fur the defendant, deprecated this as a cap-
tious and ill-natured action, brought in the worst temper, to in-
terfere with the field sports of gentlemen, who endeavoured to
give no offence, and had studiouobly avoided all those persons who