THE GAME LAWS. 6 



II. rendered them a dead letter; consequently they 

 merit no further observation. 



However, it will be highly requisite to notice some 

 exceptions to the general rule of qualification ; for by 

 the same statute of Charles, the following are quali- 

 fied from the circumstances of their birth, though 

 they possess no property whatever, viz. the son and 

 heir-apparent of an esquire, or other persons of higher 

 degree. Esquires, according to law, are the four 

 esquires of the king's body. The younger sons of no- 

 blemen and their male heirs for ever. The eldest 

 sons of baronets, knights of the Bath, and knights ba- 

 chelors, and their heirs male in the right line. Per- 

 sons of higher degree than esquires, are doctors in the 

 three learned professions, Serjeants at law, and colo- 

 nels. It has been asserted, that subaltern officers, 

 whose names appear in their commissions, with an 

 esquire attached to them,are therefore esquires strictly 

 speaking; however, I am of opinion that they are es- 

 quires by courtesy, but not in the legal sense of the 

 word. A justice is an esquire as long only as he con- 

 tinues in the commission of the peace. But mark 

 the paradox Neither esquires, nor any of these per- 

 sons of higher degree, are qualified to kill game, un- 

 less they have the requisite property, though their 

 eldest sons are, without any estate whatever ! 1 Term 

 Rep. 44. 



Before I conclude the subject of qualification, I 

 must observe, that a vicar in respect of his church 

 has not an estate of inheritance in the eye of the law, 



B3 



