37^ History of tJie English Landed Interest. 



destruction cf a pool dam were all offences punishable with 

 fines by stewards of the leet.^ 



To kill or destroy winged game by night with snares or 

 other devices, to break into a pigeon-honse and steal the fledg- 

 ling inmates,^ to hawk or hunt with spaniel amidst growing 

 grain, to trace hares in the snow with dogs, to capture young 

 goshawks bred in a park, were also felonious acts,'' and there- 

 fore subject ta the leet's jurisdiction. To take, however, doves 

 without the dovecote,"^ hawks or their eggs, to enter into a 

 warren and capture rabbits,-'^ to take the eggs of herons, to in- 

 trude on a pheasant preserve and remove the inmates, or to fly 

 a hawk and kill game therein,''' all these were acts of trespass, 

 and therefore subject to the manorial court's jurisdiction. 



There comes now a strange distinction. No artificer or lay- 

 man not possessing lands to the value of forty shillings per 

 annum, and no clerk not earning ten pounds per annum, might 

 keep a sporting dog, or use ferrets, ha3^s, nets, harepipes. cords 

 or other engines to take or destroy wild beasts upon pain of a 

 year's imprisonment.'^ Such offenders were neither answerable 

 to the Court Leet or Court Baron, but had to appear before a 

 justice of the peace. If, however, they or any other person 

 were detected hunting or hawking within the park, chase, 

 warren or demesne lands of the lord without his license, they 

 had to answer for their illegal action at the tribunal of the 

 Court Baron. 



We have pointed out in this chapter certain points with 

 regard to these medisBval courts of a condemnatory nature. Let 

 us then, conclude with a word or two of praise. How often 

 in modern times have not those who frequent a County Court 

 heard its bewildered president exclaim : " This case ought 

 never to have been brought before me ; it is one for experts, I 

 shall refer it to arbitration." Now that is just where the 

 judges and juries in these old-world courts were so useful. The 



1 11 Eliz. c. 17. 



2 This is doubtful, compare 18 Hen. VIIT., and IS ed. 4, fol. 8. 



3 13 Eliz. c. 10. " 12 Hon. VIII. fol. 4. 

 * 3 Hen. VI. fol. 58. " 38 Ed. III. fol. 12. 



^ 13 Rich. II. 



