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Jieu-men ratione soli, so long as James I. c. 13, the qualification to they remain in his grounds he kill game was increased to 401. in may kill them, for the property land, and 2001. in personal proratione soli is in him. In 11 perty. Coke's Reports, p. 876, it is laid By the 22d and 23d C. II. cap. down, that for hawking, hunt- 25. lords of manors, not under ing, &c. there needeth not any the degree of esquire, may by licence, but every one may, in writing under their hands and his own land, use them at his seals appoint gamekeepers within pleasure, without any restraint to their respective manors, who may be made, if not by parliament, as kill conies, hares, &c. and other appears by the statutes 11 Hen. game, and by the warrant of a VII. c. 17, 23 Eliz. c. 10, and 3 justice may search houses of perJames I. c. 13.
sons prohibited to kill
game. In Sutton and Moody's 5 Modern It appears to your committee, Reports, p. 375, Holt, C. Jus- that the statute 22 and 23 C. II.is tice, says, the conies are as much the first instance, either in our his, in bis ground, as if they were statutes, reports, or law treatises, in a warren, and the property is in which lords of manors ratione soli. Soin the Year-book, distinguished from other land12 Hen. VIII. pl. 10, if a man owners, in regard to game. start a hare in his own ground, The same statute, section 3, he has a property in it ratione soli. confines the qualification to kill
In limitation, and to a certain game to persons having lands of degree in derogation of the com- inheritance of 100l. per annum, mon law, a variety of statutes has or leases of 1501. (to which are subjected to penalties persons added other descriptions of perwho, not having certain qualifi- sonal qualifications ;) and persons cations, shall even upon their not having such qualifications are own lands kill any of those wild declared to be persons not allowed animals which come under the to have or keep game-dogs, &c. denomination of game.
The 22 and 23 C. II. c. 25, By the 13 Richard II. stat. 1, was followed by 4 and 5 W. and c. 13, laymen not having 40s. M. c. 23, and the 28 Geo. II. c. per annum, and priests not having 19, which enacted penalties against iol. per annum, are prohibited unqualified, and, finally, against from taking or destroying conies, qualified persons, who shall buy, hares, &c. under pain of a year's sell, or offer to sell, any hare, imprisonment (this statute ap- pheasant, partridge, &c. Similar pears to be the first introduction penalties are therein enacted of a qualification to kill game.) against unqualified persons having By the 32 Henry VIII. c. 8, a game in their possession. penalty upon selling game was Such appears to your commitfirst enacted, but this was a tem · tee to be the state of the laws reporary law, which was suffered specting game, as they at present to expire, and the sale of yame stand. The various and numwas not again restrained till the berless statutes which have been Ist Jaines 1. c. 27. By the 3d enacted upon the subject, and to which your committee have not equally affect the entire commuthought it requisite to allude, have nity. not been unobserved by them; but Your committee conceive, that seeing that they are merely sup- in the present state of society plementary to those to which your there is little probability that the committee has made reference, laws above referred to can conthey have not felt it important to tinue adequate to the object for enter into a detail of their enact- which they originally were enments.
acted. The commercial prosperity Your committee cannot but of the country, the immense acconclude, that by the common cumulation of personal property, law, every possessor of land has and the consequent habits of luxan exclusive right ratione soli to ury and indulgence, operate as a all the animals feræ naturæ found constant excitement to their inupon his land ; and that he may fraction, which no legislative inpursue and kill them himself, or terference that your committee authorize any other person to
could recommend appears likely pursue or kill them ; and that he to counteract. mily now by the common law, It appears, that under the prewhich in so far continues unre- sent system, those possessors of strained by any subsequent sta- lanı who fall within the statutable tute, support an action against disqualisications, feel little or no any person who shall take, kill, interest in the preservation of the or chase them.
game; and that they are less acThe statutes to which your tive in repressing the haneful comunittee have referred have, in practice of poaching than if they limitation of the common law, remained entitled to kill and enjoy subjected to penalties persons, the game found upon their own who, not having certain qualifica- lands. Nor is it unnatural to tions, shall exercise their common suppose, that the injury dune to law right ; but they have not di- the crops in those situations vested the possessor of his right, where game is superabundant. nor have they given power to any may induce the possessors of land other person to exercise that right thus circumstanced, rather to enwithout the consent of the pos- courage than to suppress ilegal
modes of destroying it. It appears to your committee, The expediency of the present that the 22 and 23 C. II. has restraints upon the possessors of merely the effect of exempting land appears further to your comfrom those liabilities, which were mittee extremely problematical. previously enacted against un- The game is maintained by the qualified persons, such game- produce of the lan:), and your keepers as shall receive exemption committee is not aware of any from them by the lords of manors valid grounds for continuing to (and which exemption the said withhold from the possessors of lords of manors are thereby em- land the enjoyment of that propowered to give), but that the perty which has appe:red by the restraints upon the sale of game common law to belong to them.
The present system of game The Select Committee appointed laws produces the effect of en- to inquire whether it be expecouraging its illegal and irregular dient that the Collection mendestruction by poachers, in whom tioned in the Earl of Elgin's an interest is thereby created to Petition, presented to the House obtain a livelihood by systematic on the 15th day of February and habitual infractions of the last, should be purchased on law. It can hardly be necessary behalf of the Public, and if so, for your committee to point out what Price it may be reasonable the mischievous influence of such to allow for the same, a state upon the moral conduct of
Consider the subject referred those who addict themselves to to them, as divided into four such practices; to them may be principal heads; readily traced many of the irregu- The first of which relates to the larities, and most of the crimes, authority by which this collection which are prevalent among the was acquired : lower orders in agricultural dis- The second to the circumstances tricts.
under which that authority was Your committee hesitate to re- granted : commend, at this late period of The third to the merit of the the session, the introduction of marbles as works of sculpture, an immediate measure upon a and the importance of making subject which afects a variety of them public property, for the interests; but they cannot ab- purpose of proinoting the study stain from expressing a sanguine of the fine arts in Great Britain ; expectation, that by the future and adoption of some ineasure, found. The fourth to their value as obed upon the principle recognized, jects of sale ; which includes the as your committee conceive, hy consideration of the expense which the common law, much of the has attended the removing, transevils originating in the present porting, and bringing them to system of the game laws may be England. ultimately removed.
To these will be added some Upon mature consideration of general observations upon what the premises, your committee is to be found, in various authors, have come to the following reso- relating to these marbles. lution :
I. When the Earl of Elgin Resoli ed-That it is the opi- quitted England upon his mission nion of this committee, that all to the Ottoman Porte, it was his game should be the property of original intention to make that the person upon whose lands such
appointment beneficial to the progame should be found.
gress of the fine arts in Great Britain, by procuring accurate
drawings and casts of the valuable Report from the Select Committee remains of sculpture and archiWith this view he engaged Sig- pected alteration, obtained, in the nor Lusieri, a painter of reputa- summer of 1801, access to the tion, who was then in the service Acropolis for general purposes, of the King of the Two Sicilies, with permission to draw, model, together with two architects, two and remove ; to which was added modellers, and a figure painter, a special licence to excavate in whom Mr. Hamilton (now Under a particular place. Lord Elgin Secretary of State) engaged at mentions in his evidence, that he Rome, and despatched with Lu- was obliged to send from Athens sieri, in the summer of 1800, to Constantinople for leave to refrom Constantinople to Athens. move a house ; at the same time
of the House of Commons on the tecture scattered throughout Earl of Elgin's Collection of Greece, and particularly concenSculptured Murbles.
trated at Athens.
They were employed there remarking, that, in point of fact, about nine months, from August all permissions issuing from the 1800 to May 180, without hav- Porte to any distant provinces, ing any sort of facility or accom- are little better than authorities modation afforded to them : nor to make the best bargain that can was the Acropolis accessible to be made with the local magistrathem, even for the purpose of cies. The applications upon this taking drawings, except by the subject, passed in verbal converpayment of a large fee, which sations; but the warrants or ferwas exacted daily.
mauns were granted in writing, The oher five artists were addressed to the chief authorities withdrawn from Athens in Janu- resident at Athens, to whom they 1803, but Lusieri has continued were delivered, and in whose there ever since, excepting during hands they remained : so that the short period of our hostilities your Committee had no opportuwith the Ottoman Porte.
nity of learning from Lord Elgin During the year 1800, Egypt himself their exact tenor, or of was in the power of the French: ascertaining in what terms they and that sort of contempt and dis- noticed, or allowed, the displacing, like which has always character- or carrying away of these Marbles. ized the Turkish government and But Dr. Hunt, who accompanied people in their behaviour towards Lord Elgin as chaplain to the emevery denomination of Christians, bassy, has preserved, and has now prevailed in full force.
in his possession, a translation of The success of the British arms the second fermaun, which exin Egypt, and the expected resti- tended the powers of the first; tution of that province to the but as he had it not with him in Porte, wrought a wonderful and London, to produce before your instantaneous change in the dis- committee, he stated the subposition of all ranks and descrip- stance, according to his recollections of people towards our na- tion, which was, “That in order tion. Universal benevolence and to show their particular respect good-will appeared to take place to the ambassador of Great Briof suspicion and aversion. No- tain, the august ally of the Porte, , thing was refused which was ask- with whom they were now and ed; and Lord Elgin availing him- had long been in the strictest alself of this favourable and unex- liance, they gave to his Excel
lency lency and to his secretary, and who visited the Acropolis, temptthe artists employed by himi, the ed the soldiers and other people must extensive permission to view, about the fortress to bring them draw, and model the ancient tem- down heads, legs, or arms, or ples of the Idols, and the sculp. whatever other pieces they could tures upon them, and to make
off. excavations, and to take away A translation of the fermaun any stones that might appear in itself has since been forwarded teresting to them." He stated by Dr. Hunt, which is printed in further, that no remoustrance the appendix. was at any time made, nor any II. lipon the second division, displeasure shown by the Turkish it must be premisel, that antecegovernment, either at Constantin demily to Lord Flyin's departure nople or at Athens, against the for Constantir-ople, he communiextensive interpreation which cated his istentions of bringing was put upon this fermain ; and home casts and drawings from although the work of taking Athens, for the benefit and aildown and removing, was going vancement of the fine arts in this on for months, and even years, country, "Mr. Pitt. Lord Grenanil was conducted in the most ville and Mr. Dundas, suggesting public manier, numbers of native to them the propriety of considerInbourers, to the amount of some ing it as a national object, fit to hundrels, being frequently em- be undertaken, and carried into plover, not the least obstruction effect at the public expense : but
eier interposeil, thie think this recommendation was in svallest uneasiness showi after gree
ee encourag-d. either at the granting of this second fer- that time or afterwards.
Among the Greek popu- It is evident, from a letter of lation and inhabitants of Athens, Lord Elgin to the Secretary of it occasioned no sort of dissatis- State, 13 January, 1803, that he faction; but, as Mr. Ilamil.on, considered himself as having no an eye-witness, expresses it, so sort of claim for his dishursefar from exciting any unpleasantments in the prosecution of these sensation, the people seemed to pursuits, though he stated, in the feel it as the means of bringing sime despatch, the heavy expenses foreigners into their country, and in which they had involved him, of having money spen among so as to make it extremely inconthem. The Turks showed a total venient for him to forego any of indifference and apailiy as to the the usual allowances to which preservation of these remains, ambassadors at other.courts were except when in a fit of wantın cntitled. It cannot, therefore, be destruction, they sometimes car- doubted, that he looked upon ried their disregard so far ils to himself in this respect as acting do nischief by firing at them. in a character entirely distinct The numerous travellers and ad. from his official situation. But mirers of the arts committed whether the Governnient from greater waste, from a very differ. whom he obtained permission did, ent motive; for many of tho:e or could so consider him, is a