21S 
G A 
below that fum by the interefl of a mortgage. A life- 
cftate, as a church benefice, muft be of the clear an¬ 
nual value of 150I. The eldeft fon of an efquire, or of 
any perl'cn of higher degree, is qualified without any 
elface, whilfi: hisfatlieris living; but the father himfelf, 
■though an efquire, dodtor, knight, or perfon of (till 
liigher rank, is not qualified without having the eftate 
required by the (tatute. 
But (ince many ancient laws relating to the game are 
ftiil in force, and are generally enadted fo to be by the 
fubfequent ftatutes, it will be necelfary, in order to have 
a thorough knowledge of the fubjedt, to infert tltem in 
their order, becaufe the penalties on each being different, 
the profecutor, or the luagiftrate, may chule which of 
them they will convidt an offender upon. Thus by the 
(hitute of the 5 Anne, if a perfon not having lool. a-year 
ffiall keep dogs or engines to delfroy the game, lie (hall 
forfeit 5I. but if fuch perfon have not 40s. a-year he may 
upon the fiatute of Rd. II. be puniflied by a year’s im- 
prifonment ; and fo of the reft : provided, as obferved 
above, that no perfon be profecuted upon more than 
one adt for one offence. 
The firftqualificationrelatingto the game was inthe 13th 
year of the reign of Richard II. by which it is enadtcd, 
that no layman which hath not lands or tenements of 403. 
a-year, nor clergyman if he be not advanced to lol. a-year, 
lhall have or keep any grey-hound, hound, nor other 
clog to hunt; nor lhall ufe ferrets, hays, nets, hare-pipes, 
nor cords, nor other engines, for to take or deftroy hares 
nor conies, nor other gentlemen’s game : on pain of a 
year’s imprifonment. And the juftices of the peace 
(that is, in their feftions) fttall inquire of the offenders 
in this behalf, and punifli them by the pain aforefaid. 
13 Rd. II. _/?. 1. c. 13. 16 Geo. III. c. 30. 
The ne.xt qualification by eftate or degree to kill 
game, wasby aftatuteinthe i James,whereby it isenadfed 
that every perfon who fttall keep any greyhound for 
courfing of deer or hare, or fetting-dog or net to take 
pheafants or partridges, (except he be feifed, in his own 
right or the right of his wife, of lol. a-year eftate of in- 
■ heritance, or 30I. a-year of a lives eftate, or goods to the 
value of 200I. or be the fon of a knight or lord, or the fon 
and heir apparent of an efquire,) and be thereof con- 
vidfed by confeflion, or oath of two witnelfes, before two 
juftices, he fttall be committed to gaol three months, un- 
lefs upon convidlion he pay 20s. to the churchwardens 
for the ufe of the poor, or after one month after his com¬ 
mitment he become bound by recognizance with tv/o 
fureticsbefore two juftices, in 20I. a-piece, not to offend 
again in like manner. i J. c. 27. 
The next qualification relates to deer and conics only, 
in ftat. 3 James, by which it is enatted, that if any per¬ 
fon not having hereditaments of 40I. a-year, or not worth 
in goods 200I. (hall ufe any gun or bow to kill any deer 
or conies; or (hall keep any buckftall, nets, or coney 
dogs, (except he have grounds inclofed, and ufed for the 
keeping of deer or conies, the increaling of which faid 
coiiies (hall amount to the value of 40s. a-year; or keep¬ 
ers or warreners in their parks, warrens, or grounds;) in 
fuch cafe any perfon having lands or hereditaments of 
lOol. a year in fee, or for life, in his own right or th.e 
right of his wife, may take from fuch perfon to his, own 
life for ever fuch guns, bows, buckftalls, nets, and co¬ 
ney dogs. 3 J. c. 13. 
The next qualification relates to pheafants and par¬ 
ti idges only, and is as follows : every free warrenbr, lord 
of a manor, or freeholdei' feifed in his own or his wife’s 
right of 40I. a-year of inheritance, or lives eftate of Sol. 
or wonh in goods 400I. may take pheafants and par¬ 
tridges (in the day time only) in his own free wafren, 
manor, or freehold, betv/ixt Michaelmas and Chriftmas 
yearly. -jJ.c.ii. —Thefe, fir William Blackftone af- 
ierts, ore the only two inftances wherein an exprefs/icr- 
vnjfion to kill game, was ever given by ftatute law. But 
IVti. (ihiiftian remarks, that “what the learned judge 
M E. 
has here ftated refpeiRlng thq firjl permiflion, has arifeii 
from a mifconception of the fubjedt. The firft qualifica¬ 
tion aft is the 13 Richard II. c. 13, the title of which is' 
“ None fttall hunt but they who have a fufficient living.’’ 
The preamble dates, that divers artificers, labourers, 
fervants, and grooms, keep grey-hounds and dogs, and 
on the holydays, when good chriftian people be at church 
hearing divine fervice, they go a hunting in parks, and 
warrens, and connigrees of lords and others, to the very 
great deftruftion of the fame, and fometime under fuch 
colourthey make their aifemblies, conferences, and con- 
fpiracies for to rife and difobey their allegiance ; it is 
therefore ordained, that no artificer, labourer, or other 
layman, which hath not lands or tenements to the value 
of 40s. by the year, nor any pried to the value of lol. 
fliall keep any ^gs, nets, nor engines, to deftroy deer, 
hares, nor conies, nor other gentlemen’s game, upon 
pain of one year’s imprifonment.—This ftatute clearly 
admits and reftrains theiryerwrr right: the ijac. I.c.27, 
which feems intended for the encouragement of hawking, 
the mod honourable mode of killing game at that time, 
begins with a general prohibition to all perfons what¬ 
ever to kill game with guns, bows, letting dogs, and 
nets; but there is afterwards a provifo in the aft, that 
it ftiall and may be lawful for perfons of a certain de- 
feription and eftate to take pheafants and partridges, 
upon their own lands, in the day-time, with nets. This 
provifo and permiffion clearly refers to the preceding 
prohibition introduced by tlie ftatute, and by no means 
gives a new permiffion to the perfons thus qualified,, 
which they did not polfefs antecedently to that ftatute. 
Thofe, therefore, who will take the trouble to exa¬ 
mine the ftatute, will be convinced of the truth of this 
remark ; and that the correction of this error alone will 
contribute in fome degree to the refutation of the doc¬ 
trine which the learned judge has advanced in this and 
other parts of the commentaries, viz. that all the game 
in the kingdom is the property of the king or his gran-' 
tees, being ufually the lords of manors.” 
The laft general qualification by eftate or degree to 
kill game, and w.hich is now moft to be regarded, is in 22 
& 23 Charles II. c. 25. by which it is enafted, that every 
perfon, not having lands and tenements or fome other 
eftate of inheritance, in his own or his wife’s right, 
of the clear yearly value of lOol. or for term of life, 
or having leafe or leafes of ninety-nine years, or for 
any longer term, of the clear yearly value of 
(other than the (on and heir apparent of an efquire, or 
other perfon of higher degree, and the owners and keep¬ 
ers of forefts, parks, chales, or warrens, being flocked 
with deer or conies for their nece.ffary ufe, in refpeft of 
the faid forefts, parks, chafes, or warrens,) is hereby de¬ 
clared to be a perfon, by the laws of this realm, not al¬ 
lowed to ha've or keep for himfelf or any other perfon, 
any guns, bow.s, greyhounds, fettingdogs, ferrets,, coney 
dogs, lurchers, hays, nets, lowbels, harepipes, gins, 
fnares, or other engines aforefaid, but ftiall be and are 
hereby prohibited to have, keep, or ufe, tlie fame. 
Q,U.\HFICATtON BY EsTA i'S OF lOol. BUT MORT¬ 
GAGED. —CASE of Wethrell and flail, A-Ec/i. Terniy 23 
Geo. Hi. On an aft'ion againftthe defendant, for the pe¬ 
nalty of 5I. for ufinga gun to kill and deftroy tnegame, 
not being a perfon qualified foto do, the caufe was tried 
at Durham aflizes in 1782, when the jury found a ver- 
dift for the plaintiff', fubjeft to the opinion of the court 
of king’s bench, on the following cafe :—The defendant 
Hall, having an eftate of 103I. a-year, mortgaged a part 
of it, of the value of 14I. a-year, to Robert Kelley, for 
400I. which part being copyhold, he furrendered the 
lame, according to the cuftom of the manor, to the laid 
Robert Kelley, who thereupon was/admitted tenant. 
But Kelfey never entered upon the premiles; Hall con- 
tinning in polfellion, and paying intereft of the mortgage 
regularly. The queftion for the opinion of liie court 
was, whether the defendant was duly qualified to, ufe 
engines 
