o7^ History of the English Landed Interest. 



Yet another duty of the leet was the adjudication of poach- 

 ing offences. 



Public opinion had now for some centuries been tending to- 

 wards a molHfication of those severe forest laws which had been 

 initiated by the royal sportsmen of the Norman dynasty. It 

 is true that Charles I. had been so misguided as to attempt their 

 revival/ but since his attempt proved abortive, we may forgive 

 his folly, because by allowing Harvey to experiment upon the 

 royal deer, he helped forward that famous discovery of the 

 human vascular system, which has added both to the national 

 renown and the welfare of mankind at large. 



It appears that offences under the head of poaching were 

 divisible into felonies and trespasses. It was to the Court Leet 

 that the former, and some too of the latter, were brought, and 

 to the Court Baron the latter only. Let us first examine, as 

 an example, the most important item in the long list, viz. that 

 of deer. Though it was no felony to steal any wild beast 

 found in its wilderness," it was so to kill or even chase the 

 lord's deer out of his inclosed lands, and was punishable as 

 such in Court Leet,^ Imprisonment and fine overtook those 

 not having parks, chases, or forests of their own, who kept deer- 

 hays or buckstalls, or without license stalked with bush or 

 beast in other's preserves ; "^ or who by force of arms took deer, 

 or hunted by day or night with vizards or painted faces." But 

 these offences were trespasses only, though the last of the list 

 had not long ceased to be a felony. These, then, occupied the 

 business of the Court Baron. The punishment was, however, 

 so severe, amounting to heavy fines and long terms of im23rison- 

 ment, and even outlawry should the offender fail to pay, that it 

 is doubtful if this court's authority extended beyond a commit- 

 ment of the culprit to the ensuing assizes. It must, too, be 

 borne in mind, that forest laws and customs were quite distinc- 

 tive from those of other game preserves. No common person 

 could possess a forest, which originated by commission and 



* Lord Holland as Chief Justice in Ej-re held a Court almost yearly for 

 the recovery of Charles' forestal rights. Hallani, IltHt. of Engl. 

 2 Stamford, fol. 25. 3 Id., Ibid. 



' 39 Hen. YII. c. 11. « 31 Hen. VIII. c. 12. 



