Animal welfare; Hunting -- Moral and ethical aspects; Hunting -- Religious aspects
It is, for instance, impossible to confine pheasants, partridges,
grouse, etc., to a particular estate, and, taking fences as they are,
the same may be said of the great majority of hares and deer in this
country. Moreover, the individuals of each species are so much alike
that it is impossible for anyone to identify them as his property. All
legal writers without exception acknowledge that living wild creatures
are not property. Nevertheless, the Game Laws were placed on the
Statute Book to establish a proprietary right in those animals, and,
as Mr. Barclay, Sheriff of Perthshire, once told a House of Commons
Committee, they “put game, which was not property, in a higher scale
than property.” They did this by means of a system of licences for
killing and selling game, and by making trespass, which, in itself, is
only a civil offence, a criminal offence of great magnitude.
At an early stage it was discovered that a free right of hunting was
incompatible with the preservation of game in sufficient numbers to
afford enough sport to the monarch and the nobles, and accordingly a
series of laws known as the Forest Laws were enacted, by means of which
certain districts were reserved for purposes of sport to the sovereign.
The increase of population soon rendered protection necessary for areas
outside the Royal Forests if the supply of game was to be kept up, and
the result was a series of enactments known as the Game Laws. It will
thus be seen that the right of taking wild animals, which originally
belonged to the whole people, was filched from them by a selfish and
privileged class, who, we need hardly add, stole the common lands, by
means of “Enclosure Acts,” in much the same manner. It is strange but
true that, except in Ireland, and in the north of Scotland, the people
have come to acquiesce more readily in the robbery of the land than in
the robbery of the game.
The Act which is considered the first or oldest of the Game Laws became
law in the thirteenth year of Richard II., and it is interesting to
observe the reasons for placing it on the Statute Book which the
legislators of the time advanced. Said they:
“It is the practice of divers artificers, labourers, servants,
and grooms to keep greyhounds and other dogs, and on the
holidays when good Christian people be at church, hearing
Divine service, they go hunting in parks, warrens, etc., of
lords and others, to the very great destruction of the game.”
We know hundreds of districts, from Kent to Caithness, of which the
same might be written to-day, thus showing that the Game Laws have
utterly failed to obtain a moral sway over the people.
Public-domain text, read in full here on John Shaqi.
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