The order for Swans. FIRST ye shall inquire if there be any person that doth possess any Swan, and hath not compounded with the queens Majesty for his mark. That is to say, six shillings eight pence for his mark during his life. If you know any such you shall present them, that all such Swans and cygnets may be seized for the Queen. 2 Also you shall inquire if any person do possess any Swan or Cignet, that may not dispend the clear yearly value of five Marks of frèehold (except heir apparent to the crown) than you shall present him. 22. Ed. 4. 3 Also if any person or persons do drive away any Swan or Swans breeding or providing to breed, be it upon his own ground or any other man's ground, he or they so offending shall suffer one years imprisonment, and fine at the queens pleasure, thirteen shillings four pence. 11. Hen. 7. 4 Item, if there be found any Wears upon the rivers not having any grates before them, it is lawful for every owner, Swanmaister or Swanheard, to pull up or cut down the birth, net or gin of the said Were or Wears. 5 Item, if any person or persons be found caring any Swanhooke, & the same person being no Swanheard, nor accompanied with two Swanheards: every such person shall pay to the Queen thirteen shillings four pence, that is to say, three shillings four pence to him that will inform, and the rest to the Queen. 6 Item, the ancient custom of this Realm hath and doth allow to every owner of such ground, where any such Swan shall heirie, to take one ●●rd, and for the same the queens Majesty must have of him that hath the land bird twelve pence. ● Item, it is ordained that if any person or persons do convey away or steal away the Egg or Eggs of any Swan, & the same duly proved two sufficient witnesses, that then every such offender shall pay to the Queen thirteen shillings four pence for every Egg so taken out of ●aest of any Swan. 8 Item, it is ordained every owner that hath any Swans shall pay four pence yearly to the master of the game for his fee, and his dinner and ●●●per free on the upping day. And if the said master of the game fail of the four pence, than he shall distrain the game of every such owner that so 〈◊〉 fail of payment. 9 Item, if there be any person or persons that hath Swans that both heirie upon their several waters, and after cometh to the common ri●er they shall pay a land bird to the Queen, & be obedient to all Swan laws; for diverse such persons do use it for collusion to defraud the Queen 〈◊〉 right. 10 Item, it is ordained that every person having any Swans, shall begin yearly to mark upon the first of August, and no person before, but 〈◊〉, as the company may, so that the master of the queens game or his deputy be present. And if any take upon him or them to mark any n●●●nes or cygnets, to forfeit to the queens Majesty for every Swan forty shillings. 11 Item, it is ordained that no person or persons being owners or Swanheards, or other, shall go on marking without the master of the game be ●●●sent, with other Swanheards' next adjoining, upon pain to forfeit to the queens Majesty forty shillings. 12 Item, it is ordained that no person shall hunt any ducks or any other chase in the water or near the haunt of Swans in fence time, with a●●ogs or spaniels from the feast of Easter to Lammas, upon pain to every time so found in hunting to forfeit six shillings eight pence. 13 Item, it is ordained that if any person do 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 queens Majesty for every time so setting six shillings right pence. 14 Item, it is ordained that no person take up any Cignet unmarked, or make any sale of them, but that the queens Swanheard or his deputy be present with other Swanheards' next adjoining, or have knowledge of the same, upon pain to forfeit to the Queen forty shillings. 15 Item, it is ordained that the Swanheard of the Duchy of Lancaster shall up no Swan, or make any sale of them, without the master of the swans or his deputy be present, upon pain to forfeit to the queens Majesty forty shillings. 16 And in like manner the queens Swanheard shall not enter into the liberties of the Duchy without the queens Swanheard be there preent, upon the like pain to forfeit forty shillings. 17 Item, it is ordained that if any Swans or cygnets be found double marked, they shall be seized to the queens use, till it be proved to whom the same Swans or cygnets do belong. And if it cannot be proved to whom they do belong, that then they be seized for the Queen, and her Grace 〈◊〉 be answered the value of them. 18 Item, it is ordained that no person make sale of any white Swans, nor make delivery of them without them the master of the game be present or his deputy with other Swanheards' next adjoining, upon pain to forfeit forty shillings, whereof six shillings eight pence to him that will inform, 〈◊〉 the rest to the queens Majesty. 19 Item, it is ordained that no person shall lay leaps, set any nets or drag within the common streams or rivers upn the day time, from the 〈◊〉 of the Invention of the Cross, unto the feast of Lammas, upon pain so oft as they be found so offending to forfeit twenty shillings. 20 Item, it is ordained that if the master of the Swans or his deputy do seize or take up any Swans as strays for the queens Majesty, that he shall keep them in a pit within twenty foot of the queens stream, or within twenty foot of the common high way, that the queens sub●●●s may have a sight of the said Swans so seized, upon pain of forty shillings. 21 Item, it is ordained that if any person do raze out, counterfeit or alter the mark of any Swan, to the hindering or loss of any man's game, 〈◊〉 any such offender duly proved before the queens majesties Commissioners of Swans, shall suffer one whole years imprisonment, and 〈◊〉 three pound six shillings and eight pence to the Queen. 22 Item, it is ordained that the commons, that is to say, dinner and supper, shall not exceed above six pence or eight pence at the most, and if any game be found on that river where such dinner or supper is had, and the owner of the same game absent nor any for him, the master of the game or his deputy to lay six pence or eight pence for every such owner, and to be allowed again of every game, whose owner is absent. 23 Item, it is ordained that there shall be no forfeiture of any white Swan or Cignet but only to the queens Grace, aswell within the franchises and liberties as without, and if any do deliver the Swan or Cignet to any person so seized, but only to the master of the queens game, 〈◊〉 his deputy to the queens use, he to forfeit six shillings eight pence, and the Swans to be restored to the master of the game. 24 Item, it is ordained that no person shall take any grey Swans or cygnets or white Swans flying, but that he shall within four days next after deliver it or them to the master of the queens game, and the taker have for his pains in taking the said Swan eight pence. 25 Item, it is ordained that every person having any game of his own, shall not be Swanheard for himself, nor keeper of any other man's ●●annes, upon pain to forfeit to the queens Majesty forty shillings. 26 Item, it is ordained that no Swanheard, fisher or fouler, shall ●er any other swanheard, fisher or fouler by way of action, but only before the queens majesties justices of Sessions of Swans, upon pain of forfeiting to the queens Grace forty shillings. 27 Item, the master of the queens game shall not take away any unmarked Swan coupled with an other man's Swan for breaking of the 〈◊〉, and when they do heirie the one part of the cygnets to the Queen, and the other to the owner of the marked Swan. 28 Item, it is ordained that if any heirie be led withone Swan, the Swan and the cygnets shall be seized for the Queen, till due proof be had ●●ose they are, and whose was the Swan that is away, be it Cob or Pen. God save the Queen. Printed by Henry Denham. 1584.