The order for svvannes both by the statutes, and by the auncient orders and customes vsed within the realme of England. Laws, etc. Swans England and Wales. 1604 Approx. 11 KB of XML-encoded text transcribed from 3 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2011-04 (EEBO-TCP Phase 2). A22848 STC 9343 ESTC S105506 99841234 99841234 5798

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 Early English books online. (EEBO-TCP ; phase 2, no. A22848) Transcribed from: (Early English Books Online ; image set 5798) Images scanned from microfilm: (Early English books, 1475-1640 ; 133:14) The order for svvannes both by the statutes, and by the auncient orders and customes vsed within the realme of England. Laws, etc. Swans England and Wales. [2], 5, [1] p. : ill. s.n., [London : not before 1604] Caption title, A2r. Contains 30 articles. At end: God saue the King. This edition has an initial F with double rule outline and a grotesque head. Reproduction of the original in the Henry E. Huntington Library and Art Gallery.

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 eng Swans -- Law and legislation -- England -- Early works to 1800. 2020-09-21 Content of 'availability' element changed when EEBO Phase 2 texts came into the public domain 2009-04 Assigned for keying and markup 2009-05 Keyed and coded from ProQuest page images 2009-07 Sampled and proofread 2009-07 Text and markup reviewed and edited 2009-09 Batch review (QC) and XML conversion

depiction of swan

The Kings Marke.
The order for Swannes both by the Statutes, and by the auncient Orders and Cuſtomes vſed within the Realme of England.

FIRST, Yee ſhall enquire, if there be any perſon, that doth poſſeſſe any Swanne, and hath not compounded with the Kinges Maieſtie for his Marke (that is to ſay) Sixe ſhillinges eight pence, for his Marke, during his life: If you know any ſuch, you ſhall preſent them, that all ſuch Swannes and Cignets, may be ſeazed for the King.

2 Alſo, you ſhall enquire, if any perſon doth poſſeſſe any Swanne, or Ciguet, that may not diſpend the cleare yearely value of fiue Markes of Free-hold, except Heire apparant to the Crowne: then you ſhall preſent him. 22. Edward. 4.

3 Alſo: If any perſon or perſons, doe driue away any Swanne, or Swannes, breeding, or prouiding to breede; bee it vpon his owne • round, or any other mans ground: hee, or they, ſo offending, ſhall • uffer one yeares impriſonment, and fine at the Kinges pleaſure, Thirſteene ſhillinges foure pence, 11. Henry. 7.

4 If there be found any Weares vpon the Riuers, not hauing any Grates before them; It is lawfull for euery Owner, Swan-maiſters, or Swan-herdes, to pull vp, or cut downe the Birth-net, or Gyune of the ſayd Weare, or Weares.

5 If any perſon, or perſons, be found carrying any Swan-hooke, and the ſame perſon beeing noe Swan-herd, nor accompanied with two Swan-herdes: euery ſuch perſon ſhall pay to the King, Thirteene ſhillinges foure pence, (that is to ſay) Three ſhillinges foure pence to him that will informe; and the reſt to the King.

6 The auncient Cuſtome of this Realme hath and doth allow to euery Owner of ſuch Ground where any ſuch Swanne ſhall heirie, to take one Land-bird; and for the ſame, the Kinges Maieſtie muſt haue of him that hath the Land-bird, Twelue pence, Bee it vpon his owne Ground, or any other.

7 It is ordayned, that if any perſon, or perſons, doe conuey away, or ſteale away the Egge, or Egges, of any Swannes, and the ſame being duely prooued by two ſufficient witneſſes, that then euery ſuch offendor ſhall pay to the King xiij. s. iiij. d. for euery Egge ſo taken out of the Neſt of any Swanne.

8 It is ordayned, that euery Owner that hath any Swannes, ſhall pay euery yeare yearely for euery Swan-marke, Foure pence to the Maiſter of the Game for his Fee, and his Dinner & Supper free on the Upping dayes: And if the ſaid Maiſter of the Game fayle of the Foure pence, then he ſhall diſtraine the Game of euery ſuch Owner, that ſo doth fayle of payment.

9 If there be any perſon, or perſons, that hath Swannes, that doe heirie vpon any of their ſeuerall Waters, and after come to the common Riuer, they ſhall pay a Land-bird to the King, and be obedient to all Swanne Lawes: for diuers ſuch perſons do vſe colluſion, to defraude the King of his right.

10 It is ordayned, that euery perſon, hauing any Swannes, ſhall beginne yearely to marke, vpon the firſt of Auguſt, and no perſon before; but after, as conueniently may be, ſo that the Maiſter of the Kings Gaine, or his Deputie, be preſent. And if any take vpon him, or them, to marke any Swanne or Cignet, in other maner, to forfeite to the Kinges Maieſtie for euery Swanne ſo marked, Fourtie ſhillinges.

11 It is ordained, that no perſon, or perſons, being Owners, or Deputies, or Seruantes to them, or other, ſhall goe on marking without the Maiſter of the Game, or his Deputie be preſent, with other Swanherdes next adioyning, vpon pains to forfeite to the Kinges Maieſtie, Fourtie ſhillinges.

12 It is ordayned, that no perſon ſhall hunt any Duckes, or any other Chaſe in the Water, or neere the haunt of Swannes in Fencetime, with any Dogge or Spannyles: viz. from the Feaſt of Eaſter to Lammas: vpon paine for euery time ſo found in hunting, to forfeite Sire ſhillinges eight pence.

13 It is ordayned, that it any perſon doth ſet any Snares, or any maner of Nettes, Lime, or Engines, to take Bittorns or Swans, from the Feaſt of Eaſter, to the Sunday after Lammas day; Hee or they to forfeite to the Kinges Maieſtie for euery time ſo ſetting, Sire ſhillinges eight pence.

14 It is ordayned, that no perſon take vp any Cignet vnmarked, or make any ſale of them, but that the Kinges Swan-herd, or his Deputie be preſent, with other Swan-herdes next adioyning, or haue knowledge of the ſame: vpon paine to forfeite to the Kinges Maieſtie Fourtie ſhillinges.

15 It is ordayned, that the Swan-herdes of the Duchie of Lancaſter ſhall vppe no Swanne, or make any ſale of them, without the Maiſter of the Swannes or his Deputie be preſent: vpon paine to forfeite to the Kings Maieſtie Fourtie ſhillinges.

16 And in like maner, the Kinges Swan-herd ſhall not enter into the Libertie of the Duchie, without the Duchies Swan-herd be there preſent: vpon the like paine, to forfeite Fourtie ſhillinges.

17 It is ordayned, That if any Swannes, or Cignets, be found double marked, they ſhall be ſeazed to the Kinges vſe, till it be prooued to whom the ſame Swannes, or Cignets doe belong: And if it cannot be prooued to whom they doe belong, that then they be ſeazed for the King, and his Grace to be anſwered to the value of them.

18 It is ordayned, that no perſon make ſale of any White Swannes, nor make deliuerie of them, without the Maiſter of the Game be preſent, or his Deputie, with other Swan-herdes next adioyning; vpon paine to forfeite Fourtie ſhillings: whereof, vi. s. viii. d. to him that will informe; and the reſt, to the Kinges Maieſtie.

19 It is ordayned, That no perſon ſhall lay Leaves, ſet any Nettes, or Dragge, within the common Streames or Riuers vpon the day time, from the Feaſt of the Inuention of the Croſſe, vnto the Feaſt of Lammas: vpon paine ſo oft as they be found ſo offending, to forfeite Twentie ſhillinges.

20 It is ordayned, That if the Maiſter of the Swannes, or his Deputie, doe ſeaze, or take vp any Swannes, as ſtrayes, for the Kinges Maieſtie, that hee ſhall keepe them in a Pitte within 20. foote of the Kinges Streame, or within 20. foote of the Common High-way, that the Kinges ſubiectes may haue a ſight of the ſayd Swannes ſo ſeazed, vpon paine of Fourtie ſhillinges.

21 It is ordayned, That if any perſon doe raze out, counterfeite, or alter the Marke of any Swanne, to the hindering or loſſe of any mans Game, and any ſuch offendour duely prooued before the Kinges Maieſties Commiſſioners of Swannes, ſhall ſuffer one yeares Impriſonment, and pay iii. l. vi. s. viii. d. to the King.

22 It is ordayned, That the Commons (that is to ſay) Dinner and Supper, ſhall not exceed aboue xii. d. a mau at the moſt: It there be any Game found where the Dinner or Supper is holden, vpon that Riuer, the Owner being abſent, and none there for him, the Maiſter of the Game is to lay out viii. d. for him, and be is to diſtraine the Game of him that fayleth the payment of it.

23 It is ordayned, That there ſhall be no forfeyture of any White Swanne, or Cignet, but onely to the Kinges Grace, aſwell within the Franchiſe and Liberties, as without. And if any doe deliuer the Swanne, or Cignet ſo ſeazed, to any perſon, but onely to the Maiſter of the Kinges Game, or to his Deputie, to the Kinges vſe; Hee is to forfeite vi. s. viii. d. and the Swannes to be reſtored vnto the Maiſter of the Game.

24 It is ordayned, That no perſon ſhall take any Gray Swannes or Cignets, or White Swannes flying, but that he ſhall within foure dayes next after, deliuer it, or them, to the Maiſter of the Kings Game, and the Taker to haue for his paines viii. d. And if hee fayle, and bring him not, he forfeites xl. s. to the King.

25 It is ordayned, That no perſon, hauing any Game of his owne, ſhall be Swan-herd for himſelfe, nor keeper of any other mans Swannes: vpon paine to forfeite to the Kinges Maieſtie, Fourtie ſhillinges.

26 It is ordayned, That no Swan-herd, Fiſher, or Fowler, ſhall vexe any other Swan-herd, Fiſher, or Fowler, by way of Action, but onely before the Kinges Maieſties Iuſtices of Seſſions of Swannes: vpon paine of forfeyting to the Kinges Grace, Fourtie ſhillinges.

27 The Maiſter of the Kinges Game, ſhall not take away any vnmarked Swanne coupled with any other mans Swanne, for breaking of the Brood: and when they doe Heirie, the one part of the Cignets to the King, and the other to the Owner of the marked Swanne.

28 Alſo, any man whatſoeuer he be, that killeth any Swanne with Dogge, or Spannyles, ſhall forfeite to the King, Fourtie ſhillinges; the Owner of the Dogge to pay it, whether he be there, or no. Alſo, the Maiſter of the Swannes, is to haue for euery White Swanne and Gray vpping, a Pennie • and for euery Cignet, it. d.

29 It is ordayned, That if any Heirie be leyed with one Swanne, the Swanne and the Cignets ſhall be feazed for the King, till due proofe be had whoſe they are, and whoſe was the Swanne, that is away; Be it Cobbe or Penne.

30 Laſtly, If there be any other Miſdemeanour, or Offence committed or done by any Owner of any Game, Swan-herd, or other perſon whatſoeuer, contrary to any Law, auncient Cuſtome, or vſage heretofore vſed and allowed, and not before herein particularly mentioned or expreſſed, you ſhall preſent the ſame Offence, that reformation may be had, and the Offendors puniſhed, according to the quantitie and qualitie of the ſeuerall Offences.

FINIS. God ſaue the King.