The Sun.
London, England, 1827-02-28 00:00:00

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sold, if that were allowed muter tit e prest...llo#4l4.
of- the lawe, died
evils would be aggravated. With respect to the qualifications-a,
if a man had a freehold property of one hundred pounds a year,
or held a lease of the yearly value of one hundred and flity pounds
for the terns of 99 years, he was a qualified person. Nothing
else but the possession of this property gave a qualification. As
to the former, it was easy to see, that at the time it was ma.
blished, it was supposed that if a man had land of that annual
Value, he had enough to sport over. The spirit of such an enact-
ment might be easily seen. As to the other qualification,
he wished to ask their Lordship' to look at the conse-
quences of it. He was addressing a body of Landowners,
—of Noble Peers—and among his Noble Friends were some
Scotch and Irish Peers, some of whom might not posse's estates
in England ; and they might not be ay?'are, that, according
to the law, they might be fined five pounds every time they
went out a shooting in England. even such Peers as had estates
in England, the whole of their Lordships, might give a qualifica-
tion to their eldest son ; but they could not, Without violating the
law, allow their second son to go a shooting vier their own
grourgls. The eldest son of an Irish Peer was a qualified person,
as long as his father lived ; but whenever his father died, and hr
became a Peer, lie was disqualified. Their Lordships wenlti:
hardly believe all these statements, as he should not have believseo
them unless he had seen them stated by authority. But how did
these qualifications apply to persons having large property in the
funds ? lie would explain this to their Lordships by one instance.
He knew a gentleman, a very wealthy man, who was fond of
shooting, and who hired a manor that he might enjoy this sport.
He went out shooting, and the next day was informed against,
and had to pay a fine of 51. fcr shooting over the manor he had
hired. A man who owned manors and might preserve game,
might at the same time have his second son, were he to shoot on
these manors, informed against and fined. What security, he
would ask, did this state. of the law, give to
te untry gentlemen
that their field sports would be. uninjur,ed ? would then pro-
ceed to another point. Suppaz a qualified person came to shoot
on any of their Lordships' grounds; they might send their game-
keeper to warn him off, and ask his 'lame ; but he might not
choose to go, and might continue shooting, and for this there
was no'Other remedy but to prosecute the offender for a trespass.
Their Lordships must go to the Sessions, and there come fault
in the declaration, or failing to cserply with some of ese for-
malities required by the law, might expose them, in addititN to
the trouble, to all the expence. If r,, ureualified person tres-
passed, and his name were known of -Tull he procured, he might
be taken up under the authority of the sth of Anne; but if his
name were not known, or could not be procured, he might go
away, and the person en whose ground he treepassse had ro re-
dress. But the unqualified parson might go on and spr tto dey
for the payment of Si., for he could only be convicted en one end
the same day in one penalty. Under the law at present there was
no security, therefore, against trespassing. He thought it would
he much better if Landlords, instead of being driven to their action
T
of trespass, in cases of trespass, should have the opportunity of
seising the offender, and bringing him before a Magiattate, who
should be empowered to inflict a summary punishment, of a nature
not too severe. His object was, to do away the present legal
qualification to kill game, and open the sale; hut, at the same
time, to afford facilities to the land owners in their proceedings
against trespassers. Then, as to the selling of game—the first
Statute prohibiting the selling of it, that he could find, was one
of Henry the Seventh, which rendered it illegal for tiny:milted
nersons to sell game. The first Statute that he could find, ren-
dering it illegal for even qualified persons to sell game, was the
28th of George the Second. But this Statute imposed penalties
for the selling of 'aloe, and not on the buying. One of his
objects was to do away with these Statutes, and allow game to
be freely sold and bought. It ought to be considered by their
Lordships, that the state of society was much altered from that
which formerly (prevailed. Let the Landowners make what
laws, and impose what penalties they might think proper, game
would, in the present circumstances of society, be sold in spite
of every thing. Riches would procure game at whatever cost,
and it was in vain to think that the rich Aldermen of London,
and the great body of the rich fundholders in general, would
Ise without it. Then, since buying and selling of game could
not be prevented or materially diminished by any legislative enact-
ment, let the game be freely sold and bought. But at the same
time it roust be admitted, that after a contrary system had pre-
vailed so long, it might be prejudicial for two or three years if
it were allowed to sell game at once freely, in open market ;
and, therefore, he would propose, that in the first instance, the
selling of game should be confined to certain persons licensed by
the Magistrates for that purpose, so that a perfect freedom of
selling might be opened by degrees. Their Lordships would
please to reflect on the great injustice, both real and apparent,
which attended these qualifications on law. Here was he, for
instance, with 100 acres of land, or with 1001. a-year in land,
whichever it might be, and be was qualified; and there was
his next neighbour with 99 acres, or 99/. a-year from land, who
was not. This gave a most undue advantage to his land,
and had a tendency to excite against him the feelings of all his
neighbours, who, on such slender grounds, were deprived of
a similar advantage. To remedy these inconveniences would
be the object of the first Bill which he would lay on the table
of their Lordships. In the next place, he would call their
Lordships' attention to the law as it stood with respect to
going out at night as poachers to kill game ; and here their
Lordships would have to consider the dismal condition to which
this country was reduced by the demoralization of the lower
classes. Whoever read the public papers cf the country must be
well aware of this fact.—(Hear, hear.)—What with the undue
severity of the Game Laws, and the distress to which the coun-
try was reduced, it so happened that the feelings of the commu-
nity were turned against the unfortunate game-keeper, who only
did his duty, and not against the thief and the poacher. Let this
state of things be amended as far as the Game laws were con-
cerned, otherwise all law on the subject would be to no purpose,—
The object of the second Bill which he would take the liberty to
submit to their Lordships, would be to alter the provisions of
the Game Laws, as far as respected persons going out and poach-
ing at night. The judgment of felony and punishment of trans-
portation was certainly very severe, as far as respected persons
so offending for the first time ; and the consequence was, that
the public in general sympathised with such such persons, and
that Juries often forgot their duty. It might certainly happen
that, when persons frequently transgressed, and were found to
iftbnooergbpteuhi, tnei msfihoresrdte depredatorsfoot ffhr
e a
tnnhcoeepf.rfioarbssaHt
still
His proposition,
ffmtehonracete
h betheyiynotuhw eetrehe
mn
description,or sv e e
theylikely
be desperate and incorrigible depredators in this way,
might,render-
sri
in such a case, be properly enough sent out of the country. But
.it was a hard measure that this punishment should be inflicted
per-
son convicted for thus going out poaching at night ghoul'
and hard labour, and be bound to find sureties for his good
behaviour for a short period. For the second offence, he
pro-
posed that the punishment should be six months' imprisonment
and hard labour, with security for the offender's good behaviour
for a longer period ; and that for the third offence the_
ed lßill
quent should be liable to be sent out of the country. h
The
would also enact, that when persons of the above
vcdescriptionun,
should actually assault a keeper, they should hesscg
argr% pfrom'suna
It often happened, no doubt, thatgserseonntes
But his Lord-
went out rather worse than whnecnes h
t ethat if such persons were
'my"; imthpait•isaomenit
ree
ship was convinced by p!
connexions, they would re-
flect,behaviour, from their relations and_
Manors
eallreoard with
ed to their old courses, they would com-
that if they return
ifithrsrt
only themselves, but their relations and friends, and
promise, not
f them would be deterred by that consideration from
many 0
fol-
lowing up their
desperate and wicked career. After the firs:
obliged to procure a noteeoxfrie hand, or some security for their good
offence only, their relations and friends would generally be ready
to become security for them. The Noble Lord opposite shook
his head at this, but he had no doubt, from the attentions he bad
paid to these, but that such would be the case. These were the
provisions which he would submit for their Lordships' considera-
tion and adoption ; but he did not (we understood his Lordship
tt oh
esay)
gavemean
in t
the
eo touch
firs t
Bill,t right of Lordsoved
that offt
espect
to the game on their wastes.—(ilear, hear.) Hi, Lordship
The Earl of MALIMESIU7nY did not • rise to op-
se the first reading of the Bill, but was rather •
crab:fled that the
subject was to be brought under consideratier. p,_ did
ever, attach so much importance to the poll,* of not, how-
the Noble Lord appeared to do. The great qualification as
increase ts g •
of poaching had been ascribed to the operation ."
crime
But the grand point for their Lordshte of the Game Law...
great increase, not only of poaching, butp consideration was, the
owing to the operation of the Game Laws, of crime generally ; not
extraordi-
nary state of penury and. distress but to the
had lately been reduced. to which the labouring classes
The Earl of HARDWICKE felt grateful to the
Noble Lord opposite for th
this subject. e great pains which he had taken upon
Lord TEYNHAM
adverted to the great demora-
lization of the peasantry in these latter times, and thought that no
time ought to be lost
i
'
ect. The in entering upon a thorough investigation of
the subs
peasantry of the present day were not the
peasantry of our ancestors—
" The bold peasantry, their country's pride"---
hut a degenerated peasantry.
The Earl of CAERNARVON thought the best