G A 
iTiTjnt, bill,-or information, at the fait of the king, or of 
the party; he Hiall be imprifoned three months, and 
fliall pay treble damages ; and after the three montlis 
expired, lliall find lureties for hi-s good abearing for 
feven years, or remain in prifontill he doth.. 5 El. c. 21. 
But by a more ancient ftatirte, no man lhall take any 
ay re, faulcon, gofiiawk, taffel, laner, or laneret, in their 
tvarren, wood, or oilier place; nor purpofely drive them 
out of their coverts accuftomed to breed in, to caufe 
them to go to other coverts to breed; nor flay them for 
any hurt done by tliem : on pain of lol. half to him that 
will fue before the jufliices of the peace, and halt to the 
king. And no manner of perfon of what condition or 
degree he be, fliall take or caufe to be taken, on his own 
ground or any other man’s, the eggs of any faulcon, gof- 
iiawk or laner, out of the nclt; on pain (being convitted 
thereof before the juftices of the peace) of Imprifonmcnt 
for a year and a day, and fine at the king’s will; half to 
the king, and half to the owner of the ground where the 
eggs were taken, n //. VII. c. 17. 
If any manner of perfon fliail hawk in another man’s 
corn, after it is eared, and before it is Ihocked; and be 
convidted at theaflizes, feflions, or leet; he lhall forfeit 
40s. to the owner: and if not paid in ten days, he lhall 
be imprifoned for a month. 23 EL c. 10. 
In general; no manner of perfon, from the lafl: day of 
March to the lall day of June yearly, fliall by day or 
night, take or dellroy any eggs of any kind of wild fowl, 
from or,in any nell; or place, wliere tliey lhall cliance to 
be laid by any kind of the fame wild fowl; on pain of 
imprifomnent for a year, and to forfeit for every egg of a 
billiard zod. of a bittour or Ihovelard 8d. and of other 
wild fowl (except crows, ravens, bofeards, and other 
fowl not ufed to be eaten) id. half to the king, and half 
to him that will fue by atlion of debt. Alfo the juftices 
of the peace may determine the fame, as in cafes of tref- 
pafs. 2^ Hen. VIII. c. ii. 
With regard to fowl not ufed to be eaten, togetlier 
■M'ith certain other noxious animals, there were provifions 
made by an ancient ftatute, viz. 8 Eliz. c. 15. intitlcd, 
/in Ac! for the prefervation of grainc, w'hich it were to be 
wifiicd might be revived with a proper confideration of 
the dilference of the value of money betwixt that time 
and the prefent; by which it v/as required, that the 
cliurchwardens fliould levy by an alfeirment, and pay for 
the lieads of every three oldcrowes, chouglies, orrookes, 
id. 01 fixe young Crowes, chouglies, or rookes, id. and 
for every fixe eggesof any of them, id. for every twelve 
ftares heads, id. for every heade of merten, liawks, 
furefekytte, moldkytte, bufarde, chagge, carmeraunt, 
or ryngtayle, 2d. and for two egges of them id. for every 
iron or ofpray’s heade, 4d. for the h.eade of every wood 
wall, pye, jay, raven, kyte, or king’s filher, id. bulfynce, 
or other bird that devourcth the blowtli of fruit, id. for 
the heade of every foxe or graye izd. and for the heade 
of every fytcliewe, polcate, wefel, ftote, fayre, bade, or 
wylde cat, id. for the head of every otter or hedge- 
hogge, 2d. for the heades of three rattes or twelve mile, 
id. for the licade of every want or moldwarp, one half¬ 
penny.—Andbyanotherancientftatute24H. VIII. c. lO. 
Every townfliip was required to keep a crow net, to de- 
ftroy crows, rooks, and choughs. 
There is a faint fliadow of thefe regulations ftill re¬ 
maining in fome parilhes, where they give a reward for 
deftroying feveral of the abovenientioned noxious fowl 
and vermin. Thefe ftatutes were fuft'ered to grow into 
difufe, probably becaufe in a fliort time there would be 
no need of their continuance; but it might be conve¬ 
nient neverthelefs, to revive the like provifions from 
time to time,; and among the reft of the ravenous tribe, 
to fet a price upon the head of tiie falcon, that diltin- 
>5ui(hed fowl, for the fake of which, moft of the ancient 
laws concerning the winged game were enacted, and 
which it was felony to deltroy. The current having re- 
VOL. VIII. No. 497. 
ME. ^17 
ceived a contrary direction, the liawk himfeif now per- 
liaps deftroys more game than gunpowder and Juiillliot 
wliich have ufurped ids empire.—See the article I’AL- 
CONRY, vol. vii. p. 197—199. 
Of the qualification for killing GAME. 
On this much-contefted fubjedl fir William Blackftone 
writes as follows ; “Theoffence of deftroying fuch bealts 
and fowls, as are ranked under the denomination of^awe, 
we may remember, upon the old principles of the foreft 
law, is a trefpafs and offence in all perfons alike, who 
have not authority fiom the crown to kill game, (whicji 
is royal property,) by the grant of either a free warren, 
or at leaf a manor of their own. But the laws, called the 
Game Laws, liave inflifted additional punifliments on per¬ 
fons guilty of this general offence, unlefs they be people 
of fuch rank or fortune as is therein particularly fpeci- 
fied. All perfons therefore, of what property ordiftinc- 
tion foever, that kill game out of their own territories, 
or even upon their own eftates, without the king's licencf 
expreffed by the grant of a franchife, are guilty of the 
firft original offence, of encroaching on the royal prero¬ 
gative. And thofe indigent perfons who do fo, v/ithout 
having fuch ranker fortune as by the game lav/s is called 
a qualification, are guilty not only of tlie original offence, 
but of the aggravations alfo, created by the flatutes for 
preferving tlie game: whicli aggravations :iie J'ofevercly 
punifhed, and tliofe punifliments fo implacably inflicted, 
that the offence againft the king is feldom thouglit of, 
provided the deliiiquent can make his peace with the 
lord of the manor. But the only rational footing upon 
which we can confidcr it as a crime, is, tliat in low and 
indigent perfons it promotes idlenefs, and takes them 
awa}'from their proper employments andcaliinga: which 
is an offence againft the public police and economy of 
the commonwealth. 
“ The ftatutes for preferving the game are many and 
various, and not a little obfeure and intricate ; it being 
remarked, that in one ftatute only, 5 Ann. c. 14. there 
is falfe grammar in no fewer than fix places, befides 
other miftakes : the occalion of wTich, or what denomi¬ 
nation of perfons were probably the penners of thel'p 
ftatutes, I lhall not at prefent inquire. It is in general 
fufficient to obferve, tliat the qualifications for killing 
game, as tliey are ufually called, or more jiroperly the 
exemptions from the penalties infliCfed by the ftatute law, 
are, i. The haying a freehold eftate of ipol. per annum; 
there being fifty times the property required to enable 
a man to kill a partridge, as to vote for a knight of the 
fliire: 2. A leafehold for ninety years of 150I. per an¬ 
num : 3. Being tliefon and heir apparent of an efquire, 
(a very loofe and vague defeription,) or perfon of fiipe- 
rior degree ; 4!. Being the owner, or keeper, of a foreft, 
park, chafe, or warren'. For unqualified perfons tranf- 
grefling thefe laws, by killing game, keeping engines for 
that purpofe, or even liaving game in their cuftody, or 
for perfons (however qualified) that kill game, or have 
it in pollellion, at unfeafonable times of the year, or un- 
feafonable hours of thedayor niglit, as killing it on Sun¬ 
days, or on Chriftmas-day, there are various penalties 
afiigned, corporal and pecuniary, by different flatutes ; 
on any of wliich, but only on one at a time, the juftices 
may conviCJ: in a fummary way, or profecutions may be 
carried on at the aflifes. And, laflly, by ftatute 28 
Geo. III. c. 12. no perfon, however qualified to hill, 
may make merchandize of this valuable privilege, by 
felling or expofing to fale any game, on pain of like for¬ 
feiture as if he had no qualification; but a perfoti qua¬ 
lified to kill, is not fubjeCl to any penalty for buying 
game.” 
It is not neceffary that the eftate fliould be a freehold, 
for copyhold, or an equitable eftate of inheritance of the 
clear value of tool, per annum, is a qualification. But 
it is not fuliident, if the value of the eftate is reduced 
3 K below 
