❧ The Orders for Swans, both by the Statutes and by the ancient Orders and Customs used within the Realm of England. FIrst, ye shall inquire if there be any person that doth possess any Swan, and hath not compounded with the King's Majesty for his mark: that is to say, vi. s. viii. d. 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 King. 2 Also you shall inquire if any person doth possess any Swan or Cignet, that may not dispend the clear yearly value of five marks of Fréehold, except heir apparent to the crown: than you shall present him. 22. Edw. 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 King's pleasure, xiii. s. iiij. d. 11. H. 7. 4 If there be found any Wears upon the Rivers, not having any Grates upon them, it is lawful for every owner, swanmasters or swanheards, to pull up or cut down the Birth net or begin of the said Wear or Wears. 5 If any person or persons be found carrying any Swan-h●●ke, and the same person being no swan-herd, nor accompanied with two Swanheards: every such person shall pay to the King xiii. s. iiij. d. that is to say, iij. s. iiij. d. to him that will inform, and the rest to the King. 6 The ancient custom of this Realm hath and doth allow to every owner of such ground there any such Swan shall heiry, to take one land bird, and for the same the King's Majesty must have of him that hath the land bird xii. d. be it upon his own ground or any other. 7 It is ordained, that if any person or persons do convey away, or steal away the egg or eggs of any Swans, and the same being duly proved by two sufficient witnesses, that then every such offendor shall pay to the King xiii. s. iiij. d. for every egg so taken out of the nest of any Swan. 8 It is ordained that every owner that hath any swans, shall pay every year yearly for every swan-mark iiij. d. to the master of the game for his fee, and his dinner and supper free on the Upping days. 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 doth fail of payment. 9 If there be any person or persons that hath Swans that do heiry upon any of their several waters, and after come to the common river they shall pay a land-bird to the King, and be obedient to all Swan Laws: for divers such persons do use collusion to defraud the King of his right. 10 It is ordained that every person, having any Swan, shall begin yearly to mark, upon the first of August, and no person before; but after, as coveniently may be, so that the master of the King's game, or his deputy, be present, And if any take upon him or them to mark any Swan or Cignet, in any other manner, to forfeit to the King's Majesty for every Swan so marked, xl. s. 11 It is ordained that no person or persons, being owners, or deputies, or servants to them or other, shall go on marking without the master of the game or his deputy be present, with other Swanheards next adjoining, upon pain to forfeit to the King's Majesty xl. s. 12 It is ordained that no person shall hunt any Duck or any other chase in the water, or near the haunt of Swans in Fencetime, with any Dog or Spaniels, viz. from the feast of Easter to Lammas, upon pain for every time so found in hunting, to forfeit six shillings eight pence. 13 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 K. Majesty for every time so setting, uj s. viii. d. 14 It is ordained, that no person take up any Cignet unmarked, or make any sale of them, but that the King's swan-herd, or his deputy be present, with other Swanheards next adjoining, or have knowledge of the same, upon pain to forfeit to the King's Majesty xl. s. 15 It is ordained that the Swanheards 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 K. Majesty xl. s. 16 And in like manner, the King's swan-herd shall not enter into the Liberty of the Duchy, without the Duchy swan-herd be there present, upon the like pain to forfeit xl. s. 17 It is ordained, that if any Swans at cygnets be found double marked, they shall be seized to the King's 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 King, and his Grace to be answered to the value of them. 18 It is ordained, that no person make sale of any white Swans, nor make delivery of them without the master of the game be present, or his deputy, with other Swanheards next adjoining, upon pain to forfeit xl. s. whereof vi. s. viii. d, to him that will inform, and the rest to the K Majesty: 19 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 to the feast of Lammas, upon pain so oft as they be found so offending, to sort. xx. s. 20 It is ordained, that if the master of the Swans or his deputy, do seize or take up any Swans as strays, for the K. Majesty, that he shall keep them in a pit within xx. foot of the King's stream, or within xx. foot of the common high way, that the K. subjects may have a sight of the said Swans so seized, upon pain of xl. s. 21 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, that every such offendor duly proved before the K. majesties Commissioners of Swans, shall suffer one years' imprisonment, and pay in l vi. s. viii. d. to the King. 22 It is ordained that the commons, that is to say, dinner and supper shall not exceed above xii. d. a man at the most. If there be any game found where the dinner or supper is holden, upon that river, the owner being absent, and none there for him, the Master of the game is to lay out viii. d. for him, and he is to distrain the game of him that faileth the payment of it. 23 It is ordained that there shallbe no forfeiture of any white Swan or Cignet, but only to the K. Grace, as well within the Franchise & Liberties as without: and if any do deliver the Swan or Cignet so seized, to any person but only to the Master of the King's Game, or to his deputy, to the K. use, he is to forfeit vi. s. viii. d. and the Swans to be restored to the master of the game. 24 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 K. game, and the Taker to have for his pains viii. d. and if he fail, and bring him not, he forfeits xl. s. to the King. 25 It is ordained, that no person having any game of his own, shall be swan-herd for himself, nor keeper of any other man's Swans, upon pain to forfeit to the K. Majesty xl. s. 26 It is ordained, that no swan-herd, Fisher or Fowler, shall vex any other swan-herd, Fisher or Fowler, by way of action, but only before the K. majesties Justices of Sessions of Swanheards, upon pain to forfeit xl. s. to the King. 27 The master of the King's game shall not take away any unmarked Swan coupled with any other man's Swan, for breaking of the brood: and when they do heiry, the one part of the cygnets to the King, and the other to the owner of the marked Swan. 28 Also, any man whatsoever he be, that killeth any Swan with Dog or Spaniels, shall forfeit to the King xl. s. the owner of the Dog to pay it, whether he be there or no. Also the Master or the Swans is to have for every white swan and grey upping i. d. and for every Cignet ij. d. 29 It is ordained, that if any Heiry be laid with one swan, the swan and the cygnets shall be seized for the King, till due proof he had whose they are, and whose was the swan that is away, Be it Cobbe or Pen. 30 Lastly, if there be any misdemeanour or offence committed or done by any owner of any game, swan-herd or other person whatsoever, contrary to any law, ancient custom or usage heretofore used and allowed, & 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. GOD SAVE THE KING.