38 RECORDS OF THE CHASE 



Earl Fitzhardinge's hounds have drawn those coverts 

 ever since they were estabhshed, and they continue to 

 do so, although Lord Redesdale, being the master of 

 the Heythrop, could exercise his legal right and draw 

 them with his own hounds, if he did not consider the 

 conventional usage a paramount obligation between 

 masters of hounds. 



There have been conflicting opinions respecting the 

 privilege of following hounds. By some it has been 

 argued that the fox is a noxious animal, and therefore 

 prejudicial to the public welfare ; consequently that his 

 destruction isi a laudable act. With this view, it has 

 been held that a person may trespass on the lands of 

 another for the purpose of killing the fox, providing 

 unreasonable damage be not committed. On the other 

 hand, regarding fox-hunting purely as an amusement 

 and contending thsat the pleasure of the chase not the 

 destruction of the animal is the avowed object, an 

 action, it is said, can be maintained against persons for 

 trespassing. The last must be admitted to be the true 

 version of the affair, however expansively legal 

 technicalities may favour a transgression of the law. 

 This would be a formidable impediment to fox-hunting ; 

 but in general the sport is held in such universal favour 

 that few persons are disposed to take advantage of 

 occasional damage. In the early part of the reign of 

 William IV. an Act was passed relative to trespass, in 

 which there is a clause exonerating any persons who 

 may be found on lands following hounds, or greyhounds 

 in fresh pursuit of stag, fox, or hare, already started on 

 other lands. 



Several examples might be introduced of disputes 

 relative to the right of drawing particular coverts ; but 

 I am not aware that any advantages would result from 

 doing so, particularly of naming those hunts the 

 members of which have been engaged in controversy. 

 They have in most cases arisen from some imperfectly 

 defined conditions ; but as a precedent I may introduce 

 a circumstance which occurred in a midland countv 



