[1599/5/1]*[print] [email] [cite] [preceding] [following]
Forasmuch as by common custom of all countries special prohibition is made to all sorts of persons to slay wildfowl, hare or venison except such as by their revenues may bear the charges and burden of the hawks, hounds and dogs requisite in such pastimes, in respect the same, as well as has been created for the recreation of mankind as for their sustentation, likewise it is of truth that by diverse and sundry acts of parliament, other statutes and proclamations made heretofore all slaying of the said wildfowl and beasts by any indirect means such as hackbuts, snares, nets and fowler dog is specially forbidden and diverse penalties contained in the same act; yet, nevertheless, such has been the slackness of the execution of the same, that diverse and sundry persons having greater regard of their gain and commodity which they purchase by the selling of the said wildfowl to such persons who prefer their own inordinate appetite and gluttony either to the obedience of the said laws or to the recreation that may be had by the direct slaying of the same, have used all the said indirect means in slaying of the said wildfowl and bestial, whereby this country, being so plentifully furnished of before, is become altogether scarce of such wares. For remedy whereof, and that the continuing of the said abuse may not procure worse inconveniences seeing in time of peace in all time bygone the said pastimes of hunting and hawking were the only means and instruments to keep the whole lieges' bodies from not becoming altogether effeminate, our sovereign lord and estates presently convened, finding that discharging of the selling of the said wildfowl and venison shall procure a remedy of the said abuse, have therefore discharged, likewise by this act they discharge any person whatsoever within this realm in any way to sell or buy any fastan† red or fallow deer, doe, roe deer, hare, partridge, red grouse, black grouse, heath-hen, ptarmigan, wild duck, teal, atteal,† golden-eye, mortynis,† heron, oystercatcher, snipe or any such kind of fowls commonly used to be chased with hawks after 1 July next to come, under the pain of £100 to be incurred as well as by the buyer as seller; and in case of the inability of any of the said persons to pay the said sum, that the magistrate, apprehender of them, shall cause them to be scourged through the burgh or town where they shall be apprehended. And also discharges any of the said lieges in any way to slay any of the wildfowl or beasts above-specified by snare, net or hackbut under the pain above-specified to be incurred by them for execution, whereof our sovereign lord has given and granted power and commission to all sheriffs, stewarts, bailies, as well as of regalities as royalties, provost and bailies of burghs and every baron within his own barony special justices to that effect, giving them full, free and plain power to uplift or execute the pains above-specified against the transgressors of this act, the one half of the said pecuniary pains to be intromitted with by them to appertain to our sovereign lord and to be paid to his highness's treasurer, and the other half to the informer and apprehender. And because one of the greatest occasions of the scarcity of the said partridge and grouse is by reason of the great slaughter of their pullets and young ones, when as for youth neither are they able to give pastime and for quantity can in no way be a great refreshment, therefore our sovereign lord has discharged all his highness's subjects whatsoever in any way to slay or eat any of the said muir-pullets or any of their kinds before 3 July, or any partridge pullet before 8 September. Always our sovereign lord and estates foresaid declare that this act shall in no way comprehend rabbits, woodcocks, plovers nor wild geese, but the same to be taken and slain with nets and other engines not forbidden by the laws of this realm and to be cost and sold as lawful merchandise as of before.†