WATEU SPANIEL.] FOR MOUNTATX, FTTlLr*. AND FARM, [wateb spaniel. 



a circumstance which was fatal to tho iiuiict- 

 ineut in the ease of Mr. Cornet (1S25) ; fur- , 

 ther, the species facti did not amount to either 

 of tlie crimes specified in the statute. In tlie 

 second place, tlie act did not apply at all to the 

 coinplainer's case, because it was his own farm, 

 and he could never be unlawfully there under 

 anv circumstances. In the third place, it was 

 maintained tliat the terms of the conviction 

 were bad, and inapplicable to the statute, inas- 

 much as the qualiiications, "with any gun, 

 net, or other instrument," were omitted. The 

 judges were unanimous in holding that, from the 

 terms of the conviction, it must be set aside; 

 but thev were divided in opinion as to whether 

 « farmer could be unlawfully on his own farm 

 in the sense of the act. Lords Deas and 

 Cowan were of opinion that he could not. 

 Lords Handyside and Ardmillan that he could. 

 The Lord Justice Clerk gave his casting vote 

 in favour of the latter view, and the sentence 

 was suspended with expenses. 



Tims it would seem doubtful whether a man 

 has a right to be on his ov:n farm with a gun 

 in his hand. 



THE WATER SPANIEL. 



This is a sturdy dog, with crisped hair, and 



of variable stature, according to the sporting 



duties he has to be engaged in. Those of this 



species that have to be employed on the banks 



of rivers, moors, or lakes, should be small, but 



strong and spirited. Old Gervase Markham 



says — " The water-dog is a creature of such 



general use, and so frequently in use here in 



England, that it is needless to make any large 



description of him ; the rather, since not any 



amongst us is so simple that be cannot say 



where he sees him. This is a water-dog, or a 



dog bred for the water ; yet, because in this (as 



in other creatures) there are other characters 



and forms which pretend more excellency, and 



figure a greater height of virtue than others 



do, I will here describe, as near as I can, the 



best proportions of a perfect water-dog. First, 



for the colour of the best water-dog, albeit 



some (which are curious in all things) will 



ascribe more excellence to one colour than to 



another, as the black to be the best and hardiest, 



the liver-hued swiftest in swimming, and the 



pied or spotted dog, quickest at scent ; yet, in 



truth, it is not so, for all colours are alike, and 



3 L 



so dti:;s of any of the former colours may be 

 excellent good dogs, and may be excellent good 

 curs, according to their llrst hardening and 

 training; for instruction is the licjuor where- 

 with they are seasoned, and if they be well 

 handled at llrst they will never smell of that 

 discretion ; and if they be ill handled they will 

 ever stink of that folly ; for nature is a true 

 mistress, and bestows her gifts freely, and it is 

 only nature which abuseth them." lie next 

 proceeds to the clipping or shearing of this 

 animal. "Now, for the cutting or shearing 

 him," ho continues, "from the navel down- 

 ward or backward ; it is two ways well to be 

 allowed of, that is, for summer hunting, or for 

 wager ; because these water-dogs naturally are 

 ever most laden with hair on the hinder parts, 

 nature, as it were, labouring to defend that 

 part most which is continually to be employed 

 in the most extremity ; and because the hinder 

 parts are ever deeper in the water than the 

 fore parts, therefore nature hath given them 

 armour of hair to defend the wet and coldness ; 

 yet this defence in the summer time, by the 

 violence of the heat of the sun, and the great- 

 ness of the dog's labour, is very noisome and 

 troublesome, and not only maketh him sooner 

 to faint and give over his sport, but also makes 

 him, by his overheating, more subject to take 

 the mange. And so, likewise, in matter of 

 wager, it is a very heavy burthen to the dog, 

 and makes him to swim less nimbly and slow, 

 besides the former offences before rectified; 

 but for the cutting or shaving of a dog, all 

 quite over even from the foot to the nostril, 

 that I utterly dislike; for it not only takes 

 from him the general benefits which nature 

 hath lent him, but also brings such a tender- 

 ness and chilliness over all his body, that the 

 water in the end will grow irksome under him." 



AVe have modernised the spelling of the 

 above, in order that the quaintness of Markham 

 may the more generally be appreciated, and 

 his sense the more easily comprehended. 



Markham's instructions, relative to training 

 the water-dog, are excellent, and more or less 

 applicable to all dogs. 



" Now for the manner of training or bringing 

 up of his water-dog: it is to be understood 

 that you cannot begin too early with him ; that 

 is to say, even when you first wean him, and 

 teach him to lap, for even then you shall begin 



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