i8oo. On Manorial Claims, 7X 



*' its highefl vigour ; both founded upon the fame unreafon- 

 *' able notions of permanent property in wild creatures ; and 

 ** both productive of the fame tyranny to the commons j but 

 ** with this difference, while the forefl laws eftabhfhed only 

 ^* one mighty hunter throughout the land, the game laws have 

 " raifed a little Nimrod in every manor. And in one refpeft 

 " the ancient law was much lefs unreafonable than the mo- 

 *' dern : for the King's grantee of a chafe, or free warren, 

 ^* might kill game in every part of his franchife •, but now, 

 ?* though a freeholder of lefs than locl. a year is forbidden to 

 ** kill a partridge upon his own eflate, yet nobody elfe (not 

 ** even the lord of the manor, unlefs he hath a grant of free 

 *• warren) can do it, without committing a trefpafs, and fub- 

 *' je£l;ing himfelf to an action. " 



The partiality and injuftice of this code is further apparent, 

 in the attempt of the lords of manors to preferve the mono- 

 poly of the game in themfelves or their deputies, by limiting 

 the right or qualification to kill it, to the owner of icol. per 

 annum; while a man, having any quantity of land lefs than the 

 above partial and unjult limitation, is prohibited from killing 

 a hare or a partridge in his own field or garden. The abfurdity 

 of the game laws is obvious; becaufe the very man who cannot 

 kill a hare on his ov.^n field or garden, can prevent the one 

 qualified by law from killing it there, by action of trefpafs and 

 damages, and previous difcharge from his premifes. It is ner- 

 ceifary here to call the attention of the reader to the abfolute 

 impoffibility of rendering any law, authorifing a marauder to 

 enter the property of another man, under pretence of killing 

 game, compatible with the facred fecurity of property, fo im- 

 periouliy demanding the attention of every legiHator. But, 

 in addition to this, v/hat ought to be the characfler of that 

 law, v/hich demands ten times as much to qualify a man to 

 kill a partridge, as it does to qualify a juror to kill a man? 

 In h€t, lince all thefe laws, inflead of preferving the game for 

 the rightful owner, have been fabricated in the genuine fpirit 

 of a grafping monopoly, the prefent property in the game is 

 completely vefted in the hands of the no£lurnal poacher, who 

 has, in moft manors, even the indifputed poiTefTion : Indeed it 

 is a necelTary confequence of all unjuft laws, to create tha 

 very thing they are intended to prevent. 



On the whole, thefe game laws form a grievance to the 

 cultivator of the foil, not only becaufe he is generally debarred 

 from any p.;rt of a pleafure which the game on his farm might 

 occafionaily furniih, and to v/hlch he feems to have fo i^atur;,! 



I 



y 



jncortfillent 



a right; but becaufe his crops ?.vi<\ fences are generally injun^.v 

 t)y men, with theii' horfes and dog'^^ taking liberties utterly 



