If hares and grouse were included, and the penalty could be levied before a magistrate, or the plaintiff the occupier was sure of his costs, much, by that simple alteration alone, would be effected for the preservation of Game, against poachers, or those who had no property in Game or lands.

Another alteration in the GameLaws, which I should recommend, would be, to take away the qualification of a game-keeper to kill Game, except in dominicis terris, or in the demesnes of the lord of the manor, that is, upon the lord's lands and the wastes.

The first game-keeper was a constable; and afterwards the lord of the manor was permitted to appoint the present game-keeper, in the year 1670, probably because the constable was chosen at the lord's courts; and in the year 1707, the gamekeeper was authorized to kill Game within the manor, but that was a power intended to be exercised only where the lord himself had a right to viz. upon his own estate.

kill,

This unnecessary and unjustifiable power in a game-keeper to kill Game out of his master's grounds, without being subject to the penalty of unqualified men, ought certainly to be removed. When he is out of his master's estate, he is a tres

passer,

passer, and he carries away valuable property, which

neither is his nor his master's.

The game-keeper is more destructive than a wolf amongst lambs, a fox amongst geese, or an otter in a trout-stream. He is more voracious than any of these animals, in every field within the manor which does not belong to his master. He there creates a perfect desolation; and he never touches a feather of his master's property, whilst he can supply his table by depredations upon the property of others.

Every lord of a manor, who encourages his servant in such rapacious and lawless acts, and who treats his guests luxuriously with the spoils from the fields of his poorer neighbours, seems to resemble "The rich man, who had exceeding many flocks and herds; but the poor man had nothing, save one little ewe lamb, which he had bought and nourished up and there came a traveller unto the rich man, and he spared to take of his own flock and of his own herd, to dress for the wayfaring man that was come unto him, but took the poor man's lamb, and dressed it for the man that was come to him." -2 Sam. xii. 2.

Ignorance falsely imputes this flagrant violation

of

of private rights to the Feudal System; but that noble system, from which originated Magna Charta and the two houses of Parliament, stands honourably acquitted of all participation in this modern usurpation.

I come now to the last-proposed alteration, viz. that the sale of Game be legalized. Till it can be bought and sold by legal authority, nocturnal depredations will be perpetually committed, not only with respect to Game, but with respect to every other kind of property; many lives will be lost; many limbs mutilated; the value of land diminished; the breed of Game destroyed; and the minds of the lower orders, and of many of the higher orders also, greatly demoralized : for Game must and will be sold; and they who are guilty of a violation of law in buying and selling Game, have a less respect for the observance of the laws in every other instance. other instance. A qualified buyer of Game is at present subject to no legal penalty; but he is guilty of all the moral turpitude of being an accomplice in the violation of the laws of his country, and his children and domestics all are conscious that the table of the master of the house is furnished with the spoils of iniquity. Thus a spirit of dishonesty, or disregard of property and the laws by which it is protected, is far diffused.

1

It is said, that many noblemen and gentlemen send their Game to poulterers and fishmongers in London, for which their tables are supplied, in return, with fish and fowl.

This, in fact, is selling Game, and is a direct violation of the statute 28 Geo. II. c. 12.; and for which they are subject to a penalty of 57. for each head of Game so sent to be bartered, just as if they had received so much money for it.

If any noblemen or gentlemen so dispose of their Game (and this is frequently asserted), a legalized sale would produce to each individual all the advantage of such a contraband practice, would discharge their consciences of a heavy incumbrance, and would render the public an essential service. If no such practice exists, a legalized sale would remove an imputation or suspicion, which unjustly degrades men of rank and fortune in the minds of their inferiors.

If the sale of Game should be made legal, it might be done in the following manner: every nobleman or gentleman, who intended to sell his Game upon a particular manor or an estate, within a certain parish, should take out a certificate or licence, which should be published like the present Gamecertificate; and every shopkeeper, who intended to

sell

sell Game in a public shop, should also take out a similar certificate or licence: the shopkeeper should buy only of the licensed land-owner, and he should sell only in his public shop.

And if any Game was bought or sold by any other person, and in any other manner, both the seller and the buyer should be subject to a penalty of 101. for each head of Game; and either of them should be permitted to give information against

the other.

The benefit of a discovery, by an accomplice, against a particeps criminis, or a partner in this species of criminality, is allowed by the law at present. See p. 177, ante.

It may be observed upon this, that poaching would still be continued, by the temptation to purchase, at a lower rate, of the unlicensed destroyer of Game.

The licensed shopkeeper would scarce venture to purchase 100 head of Game, by which he was to gain 51. or 10l., and at the same time be subject to the payment of 1000l.; for which large sum the poacher might consider the shopkeeper as his banker, might draw upon him for it, and

compel