The sun., 1919-09-07
BY Il. II. PRANTNER.

Bleam OF payOnetb, OF promulgated py
the deafening roar Of artillery, but more
frequently they are sought in the grad
ual progress of the millions, or in the
development OF the forces of nature.
However, when these changes in laws
are brought about they enter into the
daily life and customs of the people and
become a fundamental standard by
which individual conduct, legislative en-
actments and official actions are Judged.
1t is probable that the first conserva-
Zionist of whom we have record Is Solo
mon. We note in the Bible Il Kings. CHI.
4, V. 33) that Solomon disooursed on
the beast, fowl and fish. and. IL his
wisdom was equal to his reputation. 1t
is safe to assume that he was a con-
| servationist.
Through the long years laws affect
ing wild life underwent gradual but
steady changes until they crystallized
in a code early in English history.
Based on EnslisE statutes.
| The groundwork forming the basis of
| American conservation laws, as devel-
oped to the present time, naturally
| traces its origin, as does all American
| Jurisprudence, to early English statutes,
| usages and customs. True, the records
| of these at the present time are very
|
are preserved to US serve as Sign posts
OF what the general trend of public feel
! ing, translated into statutes, was a. that
time In that country.
In the study of the development of
| conservation 1t is necessary to trace
them through various rights In lands be-
cause the right to hunt or fish is inner
ent to ownership.
During the Angio-Saxon period in
/ England much real property was 'held
in absolute ownership, not in dependence
'ipon any other body or person in whom
the proprietary rights were supposed to
reside or to whom the possessor OF the
lands was bound to render service" In
other words, many persons owned their
| lands In fee.
| However. after the Norman conquest
Of England these rights were entirely
changed and the lands in England were
| brought under the feudal system. Under
the Norman system the King granted
| patents or issued grants which gave lin
tied rights. in land. to certain OF his fol-
lowers. who in turn permitted tenants
to occupy them, exacting monetary con-
sideration. as we'll as military service,
in return for such occupancy. The over
| lord was in turn bound to furnish the
King with n certain number of warriors
in times of war In proportion TO the land
| granted to him.
The theory upon which the feudal
| system IL established and maintained is
that all property OF an immovable char
! acter belongs primarily and ultimately
to the King that he, as absolute owner
distributes in suitable parcels to his fol-
lowers to hold OF himself. The King
reserved unto himself whatever rights
| he saw fit "Ail land Is holden OF the
King Immediately. or by means himself
having not any higher upon earth, of
whom to hold" says Finch.
Rights to Hunt I'm 10th Century,
| What rights people had as individuals
I In wild animals previous to the time of
| Canute the Dane is not now definitely
known. but we do find in the latter
part OF the tenth century record of an
enactment affecting the right to hunt in
the following: Let every man be en-
titled to hunt in his own woods. fields
and manor; and let every man abstain
from the royal forests If he wish TO live
| in peace"
Canute promulgated certain laws af
| fecting the forests. perhaps the enact
ment OF the forest laws, IL it be certain
that Canute is their author, may be said
! TO have established. or at least asserted
\ anew, the constitutional principle that
| all wild game, as well as the forests
which the animals inhabited, belonged to
the King and were to be preserved for
MS benefit and amusement These laws
were the source OF a long conflict be-
| tween the crown and the people, which
was not an unmixed evil for the inter-
est Of the people in the subject of con-
troyersy was an incentive to them reso-
lutely TO assert their rights as against
the agressions OF the crown" observes
| 'I,nrnnaan
tory"
Protection for Females,
During Canute's reign protection was
ahorued TO certain wild beastes of the
Forest These were the hart (stag.
male OF the red deer), the hind (female
or red deer), the hare, the boar and
the wolf. 1t is well to note that the
season for the killing OF hart was during
the summer and the season for the hind
| followed. Even in those days IL was
recognized that the female of the spe-
cies should be given certain protection :
In all probability tho reason for it be-
| ing the retention OF the species
During Canute's reign wild animals
were classified as beasts OF the forest.
beasts Of the chase and beasts OF the
warren. The beasts Of the forest were
| the hart, the hinde. the hare the -boare
| and the wolfe" The beasts of the
chase were the buck, doc (doe), fox.
martron (marten) and the roo (smali
European deer)." The beasts OF the
warren were the hare, connie (rabbIt)
pheasant and partridge"
or these animals the hart was the
most priced and could only be hunted
by the King. or under his license, in
the royal forests. II is interesting to
| follow the hart from birth to maturity.
| In the first year he is called hind
! calfo' or "calfe"; in the second year
''brocket'' in the third year "spayad" f;
In the fourth staggered in the fifth
| stage" and In the sixth hart" He
\ was priced, according to Manwood, DE
cause OF all other beasts OF venery the
\ hart Is the most noblest and the most
worthlest beast, and taketh the first
place The wild animals belonged to
the King and the theory on which the
| King claimed them as his property was.
that not being In captivity they belonged
! to no one, and, he having no superior on
earth, they. naturally belong to him.
Early Definition of Hunter.
In keeping with the customs and laws
| then prevailing. hunting and "haukinR''
! was confined 70 lords, knights. su,,t-cs
and gentlemen who held their property
from the King. or from the King and
his council, but We find that at that
time licenses could be issued by this
| privileged class permitting certain other
people to take "beastes" of the species
| TO the number and during the time spe-
cited in the license. Licenses were not
! transferable, they were personal. A
persOn Who violated any Of thaao 49,