24i THE SHOOTER'S GUIDE. 



" However novel this doctrine may seem, it is a re- 

 gular consequence from what has been before deli- 

 vered; that the sole right of taking and destroying 

 game belongs exclusively to the king. This appears 

 as well from the historical deduction here made, as 

 because he may grant to his subjects an exclusive 

 right of taking them ; which he could not do, 

 unless such a right was first inherent in him- 

 self. And hence it will follow, that no person what- 

 ever, but he who has such derivative righ'. from the 

 crown, is by common law entitled to take or kill any 

 beasts of chase, or other game whatsoever. It is true, 

 that, by the acquiescence of the crown, the frequent 

 grants of free warren in ancient times, and the intro- 

 duction of new penalties of late by certain statutes 

 for preserving the game, this exclusive prerogative of 

 the king is little known or considered ; every man, 

 that is exempted from these modern penalties, look- 

 ing upon himself as at liberty to do what he pleases 

 with the game : whereas the contrary is strictly true, 

 that no man, however well qualified he may vulgarly 

 be esteemed, has a right to encroach on the royal pre- 

 rogative by the killing of game, unless he can show 

 a particular grant of free warren; or a prescription, 

 which presumes a grant ; or some authority under an 

 act of parliament. As for the latter, 1 know but of 

 two instances wherein an express permission to kill 



Justice Blackstone has been controverted by an ingenious 

 editor of his CommeiUuries. 



