THE ORDERS LAW AND ANCIENT CUSTOMS OF SWANS. Caused to be Printed by JONN WITHERINGS' Esquire, Master and Governor of the Royal game of Swans and Signets, throughout England. depiction of swan London Printed by August. Mathewes. 1632. The King's Mark. swan mark The Queen's Mark. swan mark The Prince his Mark. swan mark The Princes her mark swan mark The Kings stay Swans. swan mark The Duchy of Landcaster. swan mark swan mark swan mark blank swan mark blank swan mark blank swan mark blank swan mark blank swan mark blank swan mark blank swan mark To the Worshipful JOHN WITHERINGS Esquire, chief Master and Governor of the Royal game of Swans and Signets, throughout the Kingdom of England. SIR. YOur deputy Master Loggins, hearing that I had some ancient notes of the Customs and Orders concerning Swans, desired me that you might have a sight of them, which I have sent you; together with certain Precedents or forms of Commissions for keeping Swanheards' Courts, and Copies of ancient Patents, which I received of a very honest gentleman Master Edward Clerk of Lincoln's Inn Esquire, Father to Sir Edward Clerke one of the Masters of the Chancery. These he delivered me about 18. years ago at what time Sir Laurence Tanfeeld late Lord Chief Baron, and myself had a deputation from Sir William andrew's, of that walk, which Master Loggins now hath from you. Master Clerk was before me, but as I remember he told me he had his deputation from my Lord of Buckhurst, and not from Sir james Mervin. Howsoever, the titles are truly by me transcribed, as I received them written with his own hand. There are Orders also Printed; and yet somewhat differing from these, which Orders were made at one particular Court long ago. And at a Court holden at Burford in the county of Oxon about 15. years ago by the said Sir Laurence Tanfeeld and others, some new Orders were made; which Sir Laurence Tanfeeld said were Warrantable by the Commission, and lawful to be made, where and when they were fit and necessary for the preservation of Swans. Yet so that those particular Orders may be altered upon occasion: But the ancient Customs contained under the name of Orders may not. There hath been so little care taken for preserving and publishing these ancient Customs, that they are not of all Gamesters known. And your deputies commonly send their servants among us, who as they are more or less covetous, so do they impose more or less upon us: And when we that are the ancient gamesters oppose them, we have some contention. You shall therefore (Sir) do well, if comparing these with your other notes, you find them to serve generally for England, as well as for our river of Thames: That you give to all your Deputies, and to all Commissioners copies, that so all gamesters may know the certain Customs which are to be kept: And so I bid you hearty Farewell. Your Loving friend John D'oyly. From Alborne in Wiltshire, this 26th of january, 1631. THese Orders, according to Master Doyly his direction, I have examined and compared with some other Orders which are now in print; and have been observed and used in some parts of this Kingdom: but I find anciently used these Law's Customs and Orders in most parts of this Kingdom, and not much differing from those Orders now Printed, in matter of substance, but only in form. As also I find a Commission used for the preservation of the Royal game of Swans and Signets directed to Noblemen, Knights, and Gentlemen, for the enquiring of abuses committed contrary to these Laudable Orders and Customs, and the offences to punish according to their several qualities, and have caused these Orders to be printed that thereby better knowledge may be taken of them by every deputy Master of the Game. JOHN WITHERINGS. THE LAW ORDERS and customs for Swans, taken forth of a book which the Lord of Buckhurst delivered to Edward Clerk of Lincoln's Inn Esquire, to peruse, An. Eliz. 26. On the backside of which book: It was thus entitled Taken out of an ancient book remaining with Master Hambden, sometimes Master of the Swans. FIRST, If any person doth possess any Game of Swans, that may not dispend five Marks a year of Freehold (except the son of the King) the Swans of every such person are forfeit to the King 22. Edward 4. 2. If any person possess any Game of Swans, and hath not paid his fine for the same: his Game of Swans is to be seized for the King, till his fine be paid. Which fine is Six shillings eight pence, and no man is to pay it more than once during his life. 3. But if any person having no Mark allowed him, have one or more Swans given him, or have any Land-bird sign marked: he may keep them in the common River till the next Vpping time (without fine) paying the Commons and other charges for the Vpping. 4. If any Person having Swans, either within Franchises or without be attainted, his Swans are forfeit to the King only, and not to any other person whatsoever. 5, Also all Swans that are clear of Bill, without mark or sign mark, are the Kings only, whether they be pinioned or flying Swans. 6. Also all stray Swans which no man can challenge by his Mark, those are the Kings only. And they are to be seized for the King, and marked on the leg, but are not to be carried away the firsty ear. 7. In all Common streams and private waters when Cignets are taken up, the owner of the Cob must choose the first Cignet, and the Pen the next, and so in order. But if there be three, than the owner of the Grass where they breed, must have the third, for the spoil of his Grass: and must pay to the King Twelve pence for the same Land-bird, saving in such places where of ancient custom they pay less, or more. 8. If an Heiry be led with one Swan only, the half of those Cignets shall be seized for the King, till proof be made whose the Swan was that is away; but are not to be carried away that year. 9 The Master of the Game, or his Deputy shall yearly come at the usual days of marking Swans in that stream (on pain of losing his Fees during his absence) And he shall keep a Roll or standard book, containing all the usual marks of that stream. He shall also keep a Register book of the number of every man's Swans, and the place where they are upt. And shall likewise bring the book of the last year. For which every Gamester is to give him yearly, Four pence. 10. Also the Master of the Game, or his Deputy, is to have a penny for upping every white Swan, and two pence for every Cignet, and shall have his dinner and supper, and hay or grass for his Horse discharged by the Gamesters every Vpping day, except in such streams where by ancient custom other composition is used. 11. If any man desire the Master of the Game to enter any note in his book (other than the notes due to be written as aforesaid) or to take any note out of his book under his hand, he is to pay for the same iiii. d. 12 If any marked Swan be unpinioned, and thereby do or may fly, the Owner of that Swan is to pay Fourpences. And if any man take any flying Swan or Cignet, he must bring the same to the Master of the Game or his Deputy, and take for his pains 8. d. on pain of Forty shillings. 13 It is ordained that no person shall lay leaps, set any Nets, or Drag within the Common streams or Rivers upon the day time from the Feast of the invention of the Cross unto the Feast of Lamas, upon pain so often as they be found so offending to forfeit 20. s. 14 If any Swan be found double marked, imbezeled, or by unskilfulness put out of right mark, the Master of the Game is to choose five Gamesters (such as are indifferent) to judge who hath right to that Swan. And he to whom the Swan shall be adjudged, shall pay Fourpences for registering the said imbezeled or wrong mark. But if those five, or the greater number of them do no● adjudge the said Swan to one of the Gamesters, than the Swan is due to the King. 15 The usual days for upping of Swans are not to be altered without consent of the greater number of Gamesters of that stream, and that by Proclamation made in all market Towns near the said stream. 16 No person shall go on marking without the Master of the game, or his Deputy be present upon pain to forfeit Fourtie-shillings. But if by sickness or other occasion, he be absent at the usual Vpping days, the company may go on, so that some sworn Gamester keep the Register book, and receive all the dues, and deliver them to him at his coming. 17 If any person do imbezele, raze, or alter, the mark of any Swan, to the loss or hindering of any man's game, he shall suffer one year's imprisonment, and be fined Three pounds six shillings, eight pence, and for ever be disabled to be a Gamester. 18 And to the end that in Vpping-time no Swan be embezzled, it is ordained, that no man draw blood of any swan, till the Master of the Game, or his Deputy have viewed the said swan, and declared whose the swan is. 19 No swan (other then Cleerebild) is to be marked for the King on the beak, but only on the leg. For two marks on the beak are unlawful. 20 The Master of the Game may presently sell or carry away all swans that are Cleerebild, imbezeled (as aforesaid) and all swans forfeit for want of Freehold, or by attaint of the Owner. 21 And yet neither the Master of the Game, nor any other Gamester may take away any swan which is in brood with any other man's, or which is coupled, and hath a walk, without the others consent, for breaking the brood. 22 It is ordained that Commons, that is to say, dinner and supper is to be paid daily by every Banker or Commoner, whether he be present or absent. But if he be absent, the Master of the Game is to lay it out for him (as likewise all other dues) till their next meeting or Vpping. But the said Commons shall not exceed above Twelvepences a man. And if the Company will spend more, they are to pay the overplus, by the Poll. 23 To the end that diet may be had at a reasonable rate, and likewise lodging: the place of taking both, is to be chosen by the greater number of the Commoners. 24 If any person be found carrying a Swan-hooke within forty lug of any stream, saving on the Vpping days, and not accompanied with two swan-herdes, he shall forfeit Thirteene-shillings four pence. But upon the Vpping days, every Gamester that carrieth not a Hook (except such Gentlemen as for pleasure go to see their own game) shall forfeit eight pence a day, the one half to be for the Master of the Game, the other half for the company. 25 No person shall take up any Swan or Cignet marked or unmarked, unless it be done in the presence of two other swan-herdes, and that by allowance of the Master of the Game, or his Deputy, for which allowance he is to pay Fourpences upon pain to forfeit Forty shillings. 26 If any swan-herdes depart before he have made even with the Master of the Game, for all dues, he is to forfeit Twelve pence: For which, as for all dues, the Master of the Game, or his Deputy, may distrain the game: and at the next Vpping may pay himself by distraining and sale of the Game, rendering to the party the overplus. 27 If there be any person or persons, that hath Swans, that do heirie upon any of their Rivers, or several waters; and afterward come to the common water or River, they shall pay a Land-bird to the King, and be obedient to all Swan-lawes: For diverse such persons do use collusion to defraud the King of his Right. 28 If any person shall take away the egg or eggs of any swan: Every such Offender shall be imprisoned a year and a day; and shall pay Thirteen shillings Four pence for every Egg so taken away. Whereof half to the King, and half to the Owner of the swan. 11. of Henry 7. 29 If any person do drive away any Swan breeding or providing to breed, be it on his own ground, or on any other man's: he shall be fined 13. s. 4 d. and shall suffer one year's imprisonment. 11. of Henry 7. 30 If any Dog shall drive any Swan away from her nest; the Owner of such Dog shall forfeit Thirteen shillings four pence. But if any Dog shall kill any old Swan; the Owner of such Dog shall forfeit to the King Fouretie shillings. Whether he be there or not. 31 If any person shall hunt any Ducks, or any other chase in the water with any Dog or Dogs in fence time; (that is, from the feast of Easter till Lammas Eve) he shall pay for every offence, six shillings eight pence. 32 It is ordained that if any person doth set any Snares or any manner of Nets, Lime, or Engines, to take Bittorns or Swans, from the Feast of Easter, to the Sunday after Lammas day: He or they to forfeit to the King's Majesty for every time so setting, 6. s. 8. d. 33 If there be any wears upon the Rivers, not having grates before them, whereby the Swans and Cignets may be defended from drowning: the Owner of such Wear shall forfeit to the King thirteen shillings four pence. 34 All Fishermen are to assist the Master of the Game or his Deputy, in the execution of their office on the Vpping days, with their boats at the upper end of their several waters, upon pain of ten shillings for every default. For which service the Master of the Game shall cause the accustomed Fees to be paid to the said Fishermen. 35 Lastly, If there be any other Misdemeanour, or Offence committed, or done by any Owner of any Game, Swan-heard, or other person whatsoever, contrary to any Law, ancient Custom, or usage heretofore used and allowed, and not before herein particularly mentioned or expressed, you shall present the same Offence, that reformation may be had, and the Offenders punished, according to the quantity and quality of the several Offences, AT every Swanheards court, all Offences committed by breach of these orders, are to be enquired of. Note that the Swan-heard for the Duchy of Lancaster is to observe, and see observed, all these orders in his circuit, and to receive the Fees belonging to the King's Swan heard. Note, that in all for feitures to the King, a fourth part is due to him that gives information of the offence. Note that none is to go as a Swan-upper, but those who are sworn, if Courts be often kept. FINIS. God save the King.