1828.] The Game Laws. 115 



150/. a year (other than the son and heir apparent of an esquire, or per- 

 son of higher degree} ;* shall be a person not allowed to have or keep any 

 guns or dogs, for the killing of hares, rabbits, pheasants, partridges, or 

 other game ; but prohibited to have, keep, or use the same." And the 5th 

 and 9th of Anne impose, as penalties for offending against these acts, 

 ' ' a fine of five pounds (on conviction before one magistrate), to be levied 

 by distress upon the offender's goods ; and, in default of goods, the 

 offender to be imprisoned for three months in the house of correction." More- 

 over, it is provided, by the statutes of Anne, " that any justice of peace, 

 or lord of a manor, may take away any game from persons not duly 

 qualified." And the statute of Charles II. gives a power to one justice of 

 the peace " to grant a warrant to search the house of any unqualified 

 person for dogs or nets, suspected ; and to secure or destroy the same, in 

 the name of the lord of the manor." 



Now we do not propose to go into a history of the innumerable quib- 

 bles all of them very contemptible, but some extremely diverting 

 which have come before our courts for solemn adjudication under these 

 statutes : nor shall we notice the excessively protective provisions of one 

 or two obsolete, but still unrepealed, statutes ; by one of which the 

 1st of James I. the shooting of game, or taking it with nets, is prohi- 

 bited altogether /t But the above statutes of Charles II. and Anne, 

 form the received law of " qualification" at the present day ; and for 

 insolence, absurdity, and incomprehensibleness of purpose, we doubt 

 whether the whole range of the Statute-book can produce any thing 

 equal to them. 



The persons by these acts adjudged and selected, to be so far honoured 

 and entitled above their fellow-subjects, as to enjoy the capability of 

 shooting (and eating) game, are freeholders who have 100/. a year in 

 lands or tenements in right of their estate : leaseholders, who have 150/. 

 a year in leases for ninety-nine years in right of their leasehold posses- 

 sions : and the sons and heirs apparent of esquires, and persons of higher 

 degree by the force of their mere bodily excellent worth and reverence, 

 and independent of any havings, or holdings, or possessions at all. Now 

 what it is that gives these particular persons any one of the three classes 

 of them as the law is worded any claim to peculiar right or interest in 

 the possession of game, we think it will be difficult to indicate. 



The fair and rational title to the game seems to exist, beyond doubt, 

 as we have already observed, in the owner of the soil. He raises it ; 

 feeds it : in fact, in a great measure, originally buys it. The most valuable 

 species of our game, the pheasants, have been imported almost within the 

 last half century. But even the first description of the qualifications 

 (declared by law) the qualification by estate gives no advantage or 

 preference to the possessor of the land : not a jot. The " estate" that qua- 



* Esquires are the younger sons of noblemen, and their heirs male, for ever : the 

 eldest sons of baronets, or knights of the bath, or knights bachelors, and their heirs male 

 in the right line. Great numbers of persons are also esquires by degree, who do not 

 transmit the rank to their descendants ; as, for example, all barristers, officers in the army 

 holding the rank of captain, and all magistrates, during the time that they are in the com- 

 mission. Persons of a higher degree than esquires are field officers in the army, sergeants 

 at law, and doctors of law, physic, and divinity. There are other parties entitled both 

 AS " esquires," and " persons of higher degree ;" but the above description will be suffi- 

 cient for ordinary purposes. The title of esquire, as commonly bestowed upon men of 

 certain property, is merely a distinction of courtesy. 



-f- This law (which is unrepealed) extends even to the killing pigeons ! 



Q 2 



