EARLY HISTORY OF FOXHUNTING 15 



Berkeley's, in the neighbourhood of Windsor, 

 In 1809 these hounds were managed by the 

 Reverend and Honourable William Capel, his 

 huntsman being Thomas Oldaker. On July 

 24th, 1809 3.n action at law was tried before 

 Lord EUenborough and a special jury, between 

 Lord Essex and Mr. Capel, for trespass by 

 the latter gentleman, while hunting in the 

 woods of Lord Essex, The defence was that 

 the fox was found on land not belong-ino- to 

 Lord Essex, and that Mr. Capel in pursuit of 

 a "noxious animal" was entitled by old hunt- 

 ing law to follow in " Quick pursuit " until 

 killed. The reply of Lord Essex's counsel 

 was that the destruction of a " noxious animal " 

 was not the real object of the trespass, and 

 that even if such were the law, it could form 

 no excuse for Mr. Capel coming accompanied 

 by a couple of hundred bankers, stockbrokers 

 and other wealthy men from London. At 

 this point Lord EUenborough stopped the 

 case, saying " that it was against all reason 

 and conviction ; " and he directed the jury to 

 find for the plaintiff, which they promptly did, 

 assessing the damage at forty shillings, in each 

 of the half-dozen other cases which were pend- 

 ing on the result of the test action. Lord 

 EUenborough then pointed out that one shil- 

 ling was all the damage claimed, whereupon 



