Jurisdictions, Part 68
Hawkers and Hunters.
WEſt. 1. ch. 1. forbiddeth that none ſhall chaſe in anothers Park, nor fiſh in anothers River, and if he do, he ſhall be impriſoned, and fined, and if none will ſue, the King ſhall have the Suit as in a thing made againſt the Peace, and the King ſhall make inquiry from year to year, &c. Fitzh. 67. D.
Weſtm. 1. chap. 20. It is provided for Offenders in Parks and in Rivers, that if any of them be attaint by the Suit of the Plaintiff, it ſhall be accounted good, and amends made according to the manner of the Treſpaſſe, and ſhall have impriſonment for three years, and then ſhall be fined, and if he hath not to pay a Fine, he ſhall be baniſhed or out-lawed, and if the party ſue not within the yeare, the King ſhall have the ſuit.
39. H. 7. chap. 11. If any perſon, not having a Parke, Chaſe, nor Forreſt, keep any nets, called Deer-Hayes, o… Buc…ſtalls, or ſtalk with buſh or beaſt in anothers Park, Chaſe, or Forreſt, without licenſe, he ſhall forfeit ten pound to any perſon which will ſue for the ſame.
31. H. 8. chap. 12. Where Hunters in the day or night with vizards, or painted faces, it was felony, now it is not.
5. Eliz. c. 21. Every one which wrongfully taketh Hawks, or their egges by night or day, and be convict, ſhall pay treble damages, and ſuffer impriſonment three years, but theſe Statutes aforeſaid are not inquirable in a Leet.
43. Ed. 3. fol. 24. Treſpaſſe, why by force of armes his Deer, price forty ſhillings (where it was wilde) he took, and the Writ abated, 18. Ed. 4. fol. 14. the ſame.
3 H. 6. f. 58. Treſpaſſe, he entered into his Warren, and took a 1000. hares, and doth not ſay his, yet it is good.
Fitzh. 86. L. & 89. R. Treſpaſſe lieth by force of arms, the young hawkes of his hawkes, price ſo much, he took, and why he entered his Warren, and took Hares, Coneys, and Pheaſants, and not his, and good, for he hath no property, 22. H. 6. fol. 65.
Doctor & Student, fol. 9. None hath property of Birds, Fowle, wilde Beaſts of Forreſt, and Warren, yet the eggs of Hawks, Herons, and ſuch like, are to them which owe the Land.
Fitzh. 67. No man ſhall be taken and impriſoned for Vert or Veneſon, if he be not found with the manner, or indicted, Nat. bre. fol. 41. the ſame. See Britton, fol. 84.
18. Ed. 4. fol. 14. Where a man licenſes me to hunt and kill a Buck in his Park, my ſervant cannot come in by my commandment, for the licenſe ſhall be ſtrict to him to whom it is given.
2. Ed. 4. fol. 5. Treſpaſſe, one cannot juſtifie by licenſe of a Keeper to kill a Deer.
16. Ed. 4. fol. 7. Treſpaſſe, by force of armes he broke his Dove-houſe, and took his Pigeons in the ſame, and good, but not abroad when they are out, and have no mark, and are in the fields.
38. Ed. 3. fol. 12. Treſpaſſe for entering into his Warren, and took his Pheaſants, it was held that if the Defendant fly a Pheaſant in his own land out of the Warren, and his Hawke fly and kill in anothers Warren, his entry into the Warren is a wrong.
Treheron in his reading ſhewed, that Forreſt ought to be by Commiſſion and Proclamation, and that a common perſon cannot have a Forreſt, that is to ſay, cannot make a Forreſt, nor uſe Forreſt-Lawes, as it is ſaid: And to a Forreſt there are divers Officers, and to this is incident a Court of Swannimote, but a common perſon may have a Chaſe or Park by Grant or Preſcription, and Forreſt-Lawes ſhall not be to a Chaſe, nor Court of Swannimote, the Statute of 13. R. 2 is not inquirable in a Leet, but before Juſtices of Peace, that is to ſay, that it is that no Artificer, nor Lay man which hath not Lands to the value of forty ſhillings per annum, and no Clark which is not advanced to ten pound per annum, ſhall not keep a Harrier, or other Dog to Chaſe, nor ſhall uſe Ferrets, Hayes, Nets, Harepipes, nor Cords, nor other Engines to take or to diſtroy wilde beaſts, upon pain of impriſonment for a year, yet it is inquirable in a Court Baron, if any hunt or hawke within a Park, Chaſe, Warren, or Demeſne Lands of the Lord of the Mannour without his licenſe, and for that ſomething of that ſhall be ſaid.
12. H. 8. fol. 3. Treſpaſſe lieth for taking a Hound or Deere out of the poſſeſſion of the Plaintiffe, and hath poſſeſſion, and not property.
12. H. 8. fol. 10. One hath but poſſeſſion of a Deer, and if they go out, catch that catch may: and if any Hawke kill a Pheaſant in your Land, it ſeems that I ſhall have the Pheaſant, and yet it ſeems, that one cannot hunt nor hawke in anothers Land.
10. H. 7. fol. 30. Account lieth againſt a Keeper for the Deer, for he hath poſſeſſion as a Bailiffe; one may grant liberty to one to take every year a Deer, or to the Keeper the ſhoulders of them killed.
13. H. 7. fol. 10. Where a Deer▪ is given to one, he may bring in his ſervants to take it, for otherwiſe peradventure he cannot ſerve his Warrant.
13. H. 7. fol. 13. It is ſaid, If one hath licenſe to chaſe, he cannot kill, 18. Ed. 4. fol. 14
15. H. 7. fol. 16. Fine for hunting ſhall be greater then the treſpaſſe.
21. H. 7. fol. 30. It is lawfull for one to kill a Hart out of the Forreſt, though he be proclaimed.
12. H. 8. fol. 4. ſaith, That one may diſtrain a Brache doing damage which enters into my Cloſe to chaſe, 2 Ed. 3. tit. diſtreſſe 20.
48. Ed. 3. fol. 8. He that hath land adjoyning to a Chaſe, may hunt Deer out of his ground with a little Dog, but not with Begles, and by ſome if the Dog follow them into the Chaſe, and the owner drives them back, yet if they kill the beaſt, treſpaſſe doth not lye. Seek 18 H. 6. f. 22. Held that if a man goe in the way adjoyning to a Park, and his Dogs break his Leaſh, and kill a Deere in the Parke againſt his will, and he call them back, he ſhall not be puniſhed; but it ſeems that if he doe not what he can to hinder them, it ſhall be a treſpaſſe.
Fitzh. 19. If one incite or procure his Dog to bite a man, he ſhall have his treſpaſſe upon that.