PROTECTION OF ANIMALS FOR SPORT 203 



for in 1567 the offender who slew, with gun or bow, Herons 

 or "fowls of the revar" was to forfeit his moveable goods, 

 and, if he were a vagabond, to be imprisoned for 40 days 

 for a first offence, and for a second to have his right hand 

 cut off; although at a still later date a third offence could be 

 expiated only by hanging to the death. 



The most complete list of the "wylde foulys" which 

 hawking brought under protection appears in an interesting 

 Statute of James VI passed in 1600, which specifies 



partridges, moore-fowles 1 , black-cokes, aithehenis 2 , termigants 3 , wyld-dukes, 

 teillis 4 , atteils 5 , goldings 6 , mortyms 7 , schidderenis 8 , skaildraikes 9 , herron, 

 butter 10 or any sik kynde of fowles commonly used to be chased with 

 halkes. 



Woodcocks, Plovers and Wild Geese were specially excepted. 

 The attempt at protection in the case of the birds mentioned 

 was exceptionally thorough, for not only was the offender 

 who shot at the birds liable to a fine of ^"100, but the buyer 

 or seller of any of them was held equal in guilt. 



So we leave consideration of special laws, which, though 

 primarily intended for the benefit of the Court, could not but 

 have had a beneficial effect upon the wild fauna of the 

 country, and pass to a short discussion of the legislation re- 

 lating to "wylde foulys" in general. 



"WYLDE FOULYS" IN GENERAL 



The greater number of the sporting wild-fowl of Scotland 

 is included in the prohibition of 1600 just quoted, which 

 was specially designed to encourage the sport of hawking, 

 and which reminds us that 



by the common consuetude of all countries, special prohibition is made to 

 all sorts of persons to slay wild fowl, hare, or venison.../';? respect the samine 

 as well has been created for the recreation of mankinde as for their susten- 

 tation. 



Yet a study of the old Scots law leads me to think that a 

 broad distinction was drawn between preservation for sport 



1 Grouse. 2 Grey-hens. 3 Ptarmigan. 4 Teal. 



5 Probably the Wigeon. 6 Perhaps the Golden-eye Duck. 



7 Supposed to be Martins. 



8 Also " schiwerines " and "schildernes," i.e. shield-nosed, probably 

 Spatula clypeata, the Shoveller or "Spoonbill" Duck. 



9 Sheldrakes. 10 Bittern. " My italics. 



