During the time of long frosts, if going upon the water or into the marshes, after the Wild Fowl, does not suit the Shooter's convenience or choice, by attending the brooks and small rivers that are only partially frozen, early of a morning, and following their course, he may frequently find diversion, and be almost certain of meeting with wild Ducks searching both for feed and fresh water, he will also be equally sure to get shots, for they will not rise until he is close upon them. In extreme severity of frost, with much and permanent snow, the warm springs which do not freeze are spots that then seldom fail, as the wild Ducks are confined to these places, in order to procure the aquatic herbs growing there, and which are almost the sole food that remains for them at this inclement period.

There was a peculiar kind of Language invented by Sportsmen of the middle ages, which it was necessary for them to be acquainted with, and some of the terms are still continued.

A Sege of Herons and of Bitterns; an herd of Swans, of Cranes, and of Curlews; a dopping of Sheldrakes; a spring of Teals; a covert of Coots; a gaggle of Geese; a badelynge of Ducks; a sord or sute of Mallards; a muster of Peacocks; a nye of Pheasants; a bery of Quails; a covey of Partridges; a congregation of Plovers; a flight of Doves; a dule of Turkies; a walk of Snipes; a fall of Woodcocks; a brood of Hens; a building of Rooks; a murmuration of Starlings; an exaltation of Larks; a flight of Swallows; a host of Sparrows; a watch of Nightingales; and a charm of Goldfinches.

When Beasts went together in companies, there was said to be a pride of Lions; a lepe of Leopards; an herd of Harts, of Bucks, and of all sorts of Deer; a bevy of Roes; a sloth of Bears; a singular of Boars; a sounder of wild Swine; a dryft of tame Swine; a route of Wolves; a harrass of Horses; a rag of Colts; a stud of Mares; a pace of Asses; a baren of Mules; a team of Oxen; a drove of Kine; a flock of Sheep; a tribe of Goats; a sculk of Foxes; a cete of Badgers; a richess of Martins; a fesynes of Ferrets; a huske or a down of Hares; a nest of Rabbits; a clowder of Cats, and a kendel of young Cats; a shrewdness of Apes, and a labour of Moles; and, when animals were retired to rest, a Hart was said to be harboured, a Buck lodged, a Roebuck bedded, a Hare formed, a Rabbit set, a Fox kennelled, a Martin tree'd, an Otter watched, a Badger earthed, a Boar couched hence, to express their dislodging, they say, unharbour the Hart, rouse the Buck, start the Hare, bolt the Rabbit, unkennel the Fox, untree the Martin, vent the Otter, dig the Badger, and rear the Boar. Two Greyhounds were called a brace; three a leash; but two Spaniels or Harriers were called a couple, and three, a couple and half: there was also a mute of Hounds for a number; a litter of Whelps, and a cowardice of Curs.

:

It is somewhat remarkable, that the above sort of Phraseology was not confined to Birds and Beasts, but extended itself to the various ranks and professions of Men, as the follow

ing Specimens will shew. A state of Princes; a skulk of Friars; a skulk of Thieves; an observance of Hermits; a sultittie of Serjeants; an untruth of Sompners; a lying of Pardoners; a multiplying of Husbands; an incredibility of Cuckolds; a safeguard of Porters; a stalk of Foresters; a blast of Hunters; a draught of Butlers; a temperance of Cooks; a melody of Harpers; a poverty of Pipers; a drunkenship of Coblers; a disguising of Tailors; a wandering of Tinkers; a malepertness of Pedlars; a fighting of Beggars; a rayful (that is a netful) of Knaves; a blush of Boys; a bevy of Ladies; a nonpatience of Wives; gaggle of Women; a gaggle of Geese; a superfluity of Nuns; and a herd of Harlots. It was also applied to inanimate things; as a caste of Bread, a cluster of Grapes, &c.

Laws relating to Wild Fowl.

By 25 Hen. VIII. c. 11. from the first of March to the last day of June yearly, no person shall withdraw, take, destroy, or convey any eggs of WILD FOWL, from or in any nest where they shall be laid, upon pain of imprisonment for one year, and to forfeit for every egg of any Crane or Bustard, 20d.; of a Bettour or Shovelard 8d.; and for every egg of Mallard, Teal, or other Wild Fowl (except Crows, Ravens, Boscards, and other fowl not used to be eaten), 1d.; half to the King, and half to him that will sue by action of debt. And Justices have a power to enquire, hear, and determine the same, as in cases of Tres

pass.

No person between the last day of May and the last day of August, yearly, shall take, or cause to be taken, any wild Ducks, Mallards, Wigeons, Teals, or wild Geese, with nets or other engines, on pain of a year's imprisonment, and to forfeit for every fowl so taken 4d. And the Justices of the Peace may hear and determine the same, as in cases of Trespass. 25 Hen. VIII. c. 11.

Nevertheless, any gentleman, or any other, that may dispend 40s. a year freehold, may hunt and take such wild Fowl, with their spaniels only, without using any net or other engine, except the long bow. Id.

Every person who shall shoot at, kill, or destroy, with any gun or bow, any Mallard, Duck, Teal, or Wigeon, and the same be proved by confession, or oath of two witnesses, before two Justices, shall be committed to goal for three months, unless he pay to the Churchwardens, for the use of the poor, 20s. for each fowl, or after one month after the commitment, become bound in two sureties, in 207. each, not to offend again. 1 J. c. 27. s. 2.

But by a subsequent Statute, if any Person whatsoever (between June 1 and October 1, yearly,) shall by hays, tunnels, or other nets, drive and take any wild Duck, Teal, Widgeon, or any other Water Fowl, in any place of resort for wild Fowl in the moulting season, and

shall be convicted thereof before one Justice, by the oath of one witness, he shall, for every such fowl, forfeit 5s. half to the informer, and half to the poor, by distress, rendering the overplus above the penalty and charges of distress, or be committed to the house of correction, not exceeding one month, nor less than fourteen days, to be whipt and kept to hard labour. And the net to be seized and destroyed in the presence of the Justice. 9 Ann. c. 25. s. 4. 10 Geo. 2. c. 32. s. 10.

Opinion of an eminent Counsel taken on the following Case relating to Wild Fowl.

A Notice, of which the following is a Copy, has been inserted in the Public Papers. "To Gunners and Puntmen.

"Notice is hereby given to the above description of persons, that the several proprietors and occupiers of Decoys, on and in the neighbourhood of the river Black66 water, in this County, have entered into an association for the purpose of pro"secuting such persons as shall hereafter by fowling, or in any other manner, "disturb the wild Fowl in or near such Decoys, or hinder or prevent their resort "thereto; and any person or persons giving information of any such offender or "offenders, and afterwards by their evidence substantiate the necessary facts, "will receive Five Guineas reward.

"Malden, 11th Sept. 1800.

"WM. LAWRENCE,

"Solicitor to the Association."

It appears, from the general form and wording of the Notice, that certain persons have entered into an association to prosecute any persons who may in any manner disturb the wild Fowl, or hinder or prevent their resorting to the Decoys, on and in the neighbourhood of the river Blackwater; and it is supposed, from the advertisement having been inserted at this season of the year, that it is meant to deter, or rather prohibit, the killing of wild Fowl by the description of persons mentioned in the Notice, out of the moulting season, and that it is warranted by some remote Act of Parliament, and if not, that the Proprietors and Occupiers of Decoys are seeking to establish an exclusive property in birds which are feræ naturæ.

The Act of the 1st J. c. 27. s. 2. prohibits the shooting of wild Fowl under certain penalties; but we apprehend, as the Act was a limited one, it has expired, and given place to the various subsequent laws and acts which have been made and passed for the preservation of and encouraging the breed of wild Fowl; and that the Acts of the 9th Ann. c. 25. and the 10th Geo. II. c. 32. by which persons are also prohibited from driving and

taking any wild Fowl, under certain penalties, in the moulting season, viz. by the latter Act, extended from the first of June to the first of October, are the only remaining existing laws relative to wild Fowl; and that the penalties do not attach upon persons killing wild Fowl out of the moulting season, or that an action can be maintained against any person who shall kill any wild Fowl out of the moulting season, except for trespass done on another's grounds in the destruction of the birds.

Presuming we are correct in this view, it is now submitted on the following statement of the Gunners and Puntmen's Case, with respect to their preventing the resort of the wild Fowl to the Decoys from the river Blackwater, how far the Owners and Occupiers of the Decoys can enter into an association, and carry on a prosecution against them, if they continue to do so?

The river Blackwater is an arm of the sea, in which the tide ebbs and flows, and the Decoys are pits or ponds, either on the shore, or at some little distance from the river; to which the birds resort to rest, when they have done feeding on the banks or ooze of the river. The Puntmen and Gunners, in the winter season, usually go in small boats to shoot the birds; but they do not attempt to shoot them at the Decoys, or go on shore for that purpose.

Under the circumstances of this case, your opinion is requested in behalf of the Gunners and Puntmen on the following points.

FIRST. Will an Action of Trespass lie against the Gunners and Puntmen for killing

and taking the wild Fowl in the River in the Winter Season, or for shooting the wild Fowl, when on the wing, whilst they are in their boats upon the River ?

I apprehend no Action of Trespass will lie against the Gunners or Puntmen for killing and taking the wild Fowl in the River, or for shooting the wild Fowl when on the wing, whilst they are in their boats upon the River, because they are feræ naturæ, and not the distinct property of any one; but if they go upon the land of another to do the act, they will be Trespassers in going upon such land, and may be sued for such Trespass.

SECOND. If you are of opinion an Action of Trespass will lie, can such Action be maintained by the Owners and Occupiers of the Decoys, who form the Association, or will it not amount to Maintenance of Action; and in that case, by whom can the Action be brought ?

If the Owners and Occupiers of the Decoys bring actions in the names of third persons for Trespasses, and support such actions at their own expence, I apprehend it would be unlawful maintenance, for which an Indictment would lie, or that the party grieved might maintain an Action.

Dog

There are three kinds commonly used in Shooting; the Setter, the Pointer, and the Spaniel. It is not designed in this work to enter into minute directions for breaking them; that is a province few gentlemen chuse to undertake, and very properly have their dogs made to understand their business, before they take them into the field: however, a method will be here concisely mentioned, and which the experience of one, who has broke as many and as capital dogs as any man of his age, in this or any other country, always led him to adopt.

For breaking Pointer or Setter, get a check collar, with a line nearly twenty yards long; peg the dog down, and give him the word (TAKE HEED! or any other); make him drop, and let him lay a quarter of an hour, walking round, and using the word; afterwards walk up, and give him a small piece of cheese. Take the dog upon a slack line, drop him, and act as above every morning for a fortnight, until he perfectly knows the word, then hunt him at first single; when on the strong haunt of birds, use the word and stop him; reward him as above with a piece of cheese, and so encourage him until he knows his game: serve each dog in the same way for fourteen days; then take two or three dogs upon check collars; peg down one before the other, give the word, and make them back each other four mornings successively; afterwards hunt them together.

To teach Pointers or Setters to bring their game, get a rabbit's skin stuffed; begin by throwing it in a room, and let the dog have a small line on his collar; when he takes up the skin, bring him to you with a gentle pull, with the skin in his mouth; encourage him three or four times, and then take the line off: when the dog begins to enjoy it, take a small line and run it through a pulley fixt at the top of a room, tie the rabbit skin to one end of the line, keep the other in hand, fire a pistol, and let the skin drop; the dog will soon be fond of the sport, and readily bring every head of game that is shot. Break all the dogs in this way, and then take two or three together into a room, fire the pistol, and order first one, and then another dog, to bring the skin, and they will soon be perfect.

To break a wild Spaniel, fasten a wide leather strap, about four feet long, to his collar, with a swivel; this he will tread on, and throw himself over, and will by that means soon be checked, and rendered handy and obedient. Spaniels may be taught to bring the game. by the same mode of instruction as the Pointers or Setters; there should however be but one Spaniel in a Team that does this, if more, they will break the game in struggling which shall carry it.