338: THE WILD-FOWLER. 



such-like, are distinctly recognized as game ; and after stating that, 

 the game therein enumerated having been " more excessively and 

 outrageously spoiled and destroyed than hath been in former ages, 

 especially by the vulgar sort, and men of small worth making a trade 

 and living- of the spoiling and destroying of the said game," who are 

 not of sufficient substance to pay the penalties imposed by the sta- 

 tutes, or to answer the costs and charges of a prosecution ngainst 

 them ; by reason whereof, few suits had been attempted upon the 

 said laws, and thereby there was great scarcity of game throughout 

 the realm j it was therefore enacted, that no person should shoot at, 

 kill, take, or destroy any of the game therein enumerated, under 

 certain pains and penalties, A proviso follows, authorising qualified 

 persons to take pheasants and partridges at certain seas'ons of the 

 year with nets only ; but there is no proviso regarding wild-fowl or 

 any other of the species enumerated as game. 



By a very oppressive statute, 4th and 5th W. and M,, cap. 23*, 

 any person having game, &c. (wild-fowl included), in his possession, 

 and not being able to give a satisfactory account of the manner in 

 which he obtained it, was liable, on conviction, to a fine not exceeding 

 20s., and not less than 5s., for every bird ; and, in default of pay- 

 ment or a sufficient distress, to be committed to prison for a term 

 not exceeding one month, and not less than ten days, and there to be 

 whipped and kept to hard labour. 



By the same statute, unqualified persons having, keeping, or using 

 dogs, ferrets, bows, nets, or snares for taking game, fowl, &c., were 

 liable to the like pains and penalties. 



In a subsequent reign (9th Anne, cap. 26)*, it was considered 

 necessary to revive some of the provisions of the original statute, by 

 reason of the immense destruction of wild-fowl, by driving them 

 into hays, tunnels, and other nets, during- the moulting season, and 

 at a time of year when the flesh of the fowl " is unsavoury and un- 

 wholesome, to the prejudice of those that buy them, and to the great 

 damage and decay of the breed of wild-fowl." It was, therefore, 

 enacted that, if any person should, between the 1st of July and the 

 1st of September, " by hays, tunnels, or other nets, drive and take 

 any wild-duck, teal, widgeon, or any other fowl commonly reputed 

 water-fowl, in any of the fens, lakes, broad waters, or other places of 

 resort for wild-fowl in the moulting season," such person, on convic- 



* Eepealed by 1st and 2nd Wm. IV., cap. 32. 



