THE GAME LAWS. 289 



Booth v. Pinnock, Esquire. This was an action on the game 

 laws, brought against Mr. Pinnock, under the direction of the 

 Right Hon. Lord Berkeley. The defendant had shot a hare 

 on his lordship's grounds, which was proved. But inasmuch as 

 the defendant was a gentleman of fortune, Lord Kenyon thought 

 they ought to go further, and shew he was not qualified. 



Mr. Erskine, for the defendant, said, he was instructed to 

 state, that the defendant was summoned to appear before a ma- 

 gistrate ; that the noble lord was personally present ; that upon 

 that occasion, Mr. Pinnock produced a settlement that was 

 made on his wife, who was within six weeks of being of age, by 

 which it appeared that she was tenant for life, without im- 

 peachment of waste, of an estate of upwards of one thousand 

 pounds a year. When that marriage settlement was produced, 

 the magistrate asked Lord Berkeley if he would wait. " No," 

 said his lordship, " go on, and convict." And after the defen- 

 dant was convicted of the penalty, the plaintiff brought this 

 action. 



Lord Kenyon, after being made acquainted with the contents 

 of the marriage settlement, was clearly of opinion that the de- 

 fendant was qualified. 



With respect to a received notion among many of the citizens 

 of London, that they have a right to hunt, hawk, and shoot in 

 Middlesex, &c.* arising from their charter, it must be observed, 



* Fitzstephen says, they have liberty of hunting in Middlesex, Hert- 

 fordshire, all Chilton, and in Kent, to the Waters of Grey. Stephan- 

 ides Disc. London. This account differs from the clause in the royal 

 charter granted to them by Henry I. which runs thus: "The citizens 

 of London may have chases and hunt as well and as fully as their ances- 

 tors have had; that is to say, in the Chiltre, in Middlesex, and Surry." 

 These Exercises were not much followed by the citizens of London at 

 the close of the sixteenth century, not for want of taste for the amuse- 

 ment, says Stowe, but for leisure to pursue it. Strype, however, so late 



2B 



