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It was illegal for anyone to sell or buy game, so the only way
to obtain any was through a person who was qualified to shoot
it.
The laws set qualifications so high that some men could not even
hunt on their own land. To qualify to be eligible to obtain a
certificate to shoot game, a man had have property worth more
than £100 a year or be the eldest son of an esquire or a
man of higher degree
That led to a situation where a knight‘s oldest son was
qualified without any property at all but the knight wasn‘t
because his property was not worth more than 100£ for his
own use per year. The estimate was that out of a male population
of about 316,000 men with property, only 16,500 were eligible.
 Being
eligible only meant that the man had the right to pay for a certificate
to kill game.
There were several game laws over the years, each more restrictive
than the last.
While the basic requirement remained that a man had to have a
property worth at least £100 per year for his own use, the
owner of forests, parks, chases , or those called lord of the
manor were exempt from that requirement on his own property, but
were liable if the dogs or man crossed over onto a neighbors’
land.
A qualified man could shoot anywhere; however, if he shot on
someone else’s property, he could be warned off. If he continued
after being warned off he would be liable for the fine. A warning
once given lasts for the life of the one warned off.
A leaseholder could warn off his landlord unless the landlord
had reserved hunting/shooting rights in the lease. Usually the
sporting landlords did reserve the rights.
Some landowners and their game keepers were overzealous in ferreting
out offenders and fining them or sending them to Botany Bay. One
man even accused the guest of a neighbor of trespass and violation
of the game law because he followed the dogs on to his property.
The accused was acquitted because he had not had the dogs under
his control , nor even made any sounds to encourage them. If he
had had so much as yelled the equivalent of “Go get them”
, he would have been guilty.
 The
tax commissioner was to publish the names of those with certificates
yearly.
Generally, the exempt men had to pay the collector of taxes three
and a half guineas { 73 shillings or 3£ 13 s . } The collector
of taxes gave them a receipt ( cost 1 shilling) which they exchanged
for a certificate from the clerk of the commissioners of game
saying they had paid the tax. Quite expensive for most people.
Both an unqualified man with a certificate and a qualified one
with out a certificate were fined .
Men who were exempt could name a gamekeeper or other person to
act as his deputy in killing game. That is if a peer wanted several
brace of partridges for a dinner, he could have his game keeper,
for whom he obtained a certificate, shoot them, if the season
were right. A game keeper's certificate cost 25s.
The list of creatures considered game changed from time to time
 But
in general, game birds were :– pheasants, black game ( heath
birds), red game or grouse, partridges, quail , snipes, wild ducks,
teal, widgeons. Rabbits and hares were protected. Foxes were vermin
and were not protected, yet there was a season for hunting them.
Deer generally belonged to parks or were considered the King’s
deer. Swans whales and sturgeon belonged to the king,
Some sources say that seasons during which it was illegal to
shoot some game were not imposed until the 1830s but the game
laws from the time of James 1st named times during which it was
illegal to kill the various classes of game. Also, Books such
as the Shooter's Guide of 1816 mention several periods during
which it was illegal to shoot or trap game.
The mere possession of some birds at other times of the year
could lead to a fine of £20, or £5 each for some species.
The following were usually listed as game: Hares, pheasants,
Partridges, Grouse, Heath, or Moor Game, Black game, Bustards.
Woodcock, snipe, quail, landrail, Conies, and deer .
The season for partridges was Sept 1-Feb 1
for Pheasants : Oct.1 to Feb 1.
Blackgame 12 August to 20 Aug in Scotland; elsewhere August 20
to December 10, except Somerset, Devon, and new forest where the
season opened on Aug 31.
For Grouse , it was Aug 12 to Dec 10;
Hare was from Michaelmas to Candlemas ( September 29th to February
2nd )
Fox hunting season was from the first frost (Oct or Nov) to the
last frost , or until the vixen is pregnant or has cubs. Foxes
were not shot.
"In olden days it was the theory, and, I may add, the rule, that the months of September and October should be devoted to shooting, and that hunting commenced on the first Monday in November. " -- George F. Underhill A Century of English Fox Hunting
The Grosvenor Hunt By George Stubbs.
Courtesy of http://cgfa.sunsite.dk |
Pigeons were not game but they were protected anyway; however,
a man had a right to shoot pigeons or hares, or rabbits which
were destroying his crops.
 While landowners had the right to protect their land against
poachers and unqualified people, the judges and juries were generally
not sympathetic to the landowner or gamekeeper who killed a neighbor's
dog for merely trespassing.
Shooting or trapping on Sunday, Christmas, or at night was against
the law
Most men were allowed only one certified gamekeeper.
A man had to be qualified and have a certificate to keep a lurcher,
a greyhound, or setting dog. A lurcher was a sight-hound of mixed
breed kept for hunting game.
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