The Celtic Magazine, Vol I, No. IV, February 1876: A Monthly Periodical Devoted to the Literature, History, Antiquities, Folk Lore, Traditions, and the Social and Material Interest of the Celt at Home and Abroad.Various
History
The Celtic Magazine, Vol I, No. IV, February 1876: A Monthly Periodical Devoted to the Literature, History, Antiquities, Folk Lore, Traditions, and the Social and Material Interest of the Celt at Home and Abroad.
The Game Laws in Scotland, as our readers are aware, consist chiefly of
various statutes designed to secure to landed proprietors what the
common law, while it leaves them without the means of effectually
securing, declares them entitled to, the exclusive possession and use of
their land. The common law maxim, that an owner is entitled to the sole
enjoyment of his own ground, the legislature has practically given
effect to from time to time by passing various enactments pointing to
that end. These somewhat numerous statutes are almost identical in
effect in the three kingdoms, to which some of them extend; nor does the
common law throughout materially vary. It is not our intention, however,
to emulate Sir Roger de Coverley, whose explanations of the Game Acts
used to gain great applause at quarter sessions, by entering upon a
minute analysis of them here. We mean to confine ourselves simply to a
critical examination of the various attacks to which they have been
subjected, and an endeavour to make a brief and impartial survey of
their effect on the prosperity of the Highlands.
In entering upon the consideration of adverse criticisms, we find that
they are easily resolved into two classes:--First, there are those as to
what opponents term the unnecessary severity and injurious influence of
the Game Laws upon poachers; and secondly, the injury indirectly
effected by them upon tenant-farmers, agricultural and pastoral.
Sympathy for the poacher is frequently proclaimed by anti-game law
agitators. They will tell you that the disposition to pursue game is
inherent in human nature; that the indulgence of this irrepressible
propensity ought to be regarded with a lenient eye: that game cannot be
identified as property, and that the man who takes it should not be
considered or treated as a thief; dilating the while on the sad
misfortunes that an occasional lapse into the fields in search of a hare
or a rabbit may bring upon an agricultural labourer and his family,
ultimately it may be involving them in ruin. These arguments, however,
though at first sight appearing to have some foundation in reason, do
not satisfactorily stand the test of serious scrutiny. They are such as
could be brought to bear for what they are worth against the operation
of almost all repressive laws in the kingdom. Smuggling, for instance,
is not generally looked upon as a breach of the moral law, nor does it
present itself to common eyes in an odious light; yet it is a crime
punishable by penal laws for the sake of increasing revenue. The man
who takes his own agricultural produce and converts it into a wholesome
and refreshing beverage for his own domestic use is liable to a very
much heavier penalty than he who steps on to his neighbour's property
and puts out his hands to take what he has neither laboured for nor
purchased. In the one case we can imagine an honest industrious
labourer, actuated only by a desire for the comfort of himself and his
Public-domain text, read in full here on John Shaqi.
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