depiction of swan The King's Mark. The order 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 kings 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 King. 2 Also, you shall inquire, if any person doth possess any Swan, or Ciguet, that may not dispend the clear yearly value of five Marks of freehold, except Heir apparent to the Crown: than you shall present him. 22. Edward. 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 ●round, or any other man's ground: he, or they, so offending, shall ●uffer one years imprisonment, and fine at the kings pleasure, Thirsteene shillings four pence, 11. Henry. 7. 4 If there be found any Wears upon the Rivers, not having any Grates before them; It is lawful for every Owner, Swan-maisters, or Swanherdes, to pull up, or cut down the Birth-net, or Gyune of the said Wear, or Wears. 5 If any person, or persons, be found carrying any Swanhooke, and the same person being no Swan-herd, nor accompanied with two Swanherdes: every such person shall pay to the King, Thirteen shillings four pence, (that is to say) Three shillings four pence 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 where any such Swan shall heirie, to take one Land-bird; and for the same, the kings Majesty must have of him that hath the Land-bird, Twelve pence, 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-marke, Four pence to the Master of the Game for his Fee, and his Dinner & 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 heirie 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 Swans, shall begin yearly to mark, upon the first of August, and no person before; but after, as conveniently may be, so that the Master of the King's Gain, or his Deputy, be present. And if any take upon him, or them, to mark any Swan or Cignet, in other manner, to forfeit to the kings Majesty for every Swan so marked, Forty shillings. 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 Swanherdes next adjoining, upon pains to forfeit to the kings Majesty, Forty shillings. 12 It is ordained, that no person shall hunt any Ducks, or any other Chase in the Water, or near the haunt of Swans in Fencetime, with any Dog or Spannyles: viz. from the Feast of Easter to Lammas: upon pain for every time so found in hunting, to forfeit Sire shillings eight pence. 13 It is ordained, that it 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 kings Majesty for every time so setting, Sire shillings eight pence. 14 It is ordained, that no person take up any Cignet unmarked, or make any sale of them, but that the kings Swan-herd, or his Deputy be present, with other Swanherdes next adjoining, or have knowledge of the same: upon pain to forfeit to the kings Majesty Forty shillings. 15 It is ordained, that the Swanherdes 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 King's Majesty Forty shillings. 16 And in like manner, the kings Swan-herd shall not enter into the Liberty of the Duchy, without the Duchies Swan-herd be there present: upon the like pain, to forfeit Forty shillings. 17 It is ordained, That if any Swans, or cygnets, be found double marked, they shall be seized to the kings 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 Swanherdes next adjoining; upon pain to forfeit Forty shillings: whereof, vi. s. viii. d. to him that will inform; and the rest, to the kings Majesty. 19 It is ordained, That no person shall lay Leaves, 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 Lammas: upon pain so oft as they be found so offending, to forfeit Twenty shillings. 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 kings Majesty, that he shall keep them in a Pit within 20. foot of the kings Stream, or within 20. foot of the Common Highway, that the kings subjects may have a sight of the said Swans so seized, upon pain of Forty shillings. 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, and any such offender duly proved before the kings majesties Commissioners of Swans, shall suffer one years Imprisonment, and pay iii. 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 mau at the most: It 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 be is to distrain the Game of him that faileth the payment of it. 23 It is ordained, That there shall be no forfeiture of any White Swan, or Cignet, but only to the kings Grace, aswell within the Franchise and Liberties, as without. And if any do deliver the Swan, or Cignet so seized, to any person, but only to the Master of the kings Game, or to his Deputy, to the kings use; He is to forfeit vi. s. viii. d. and the Swans to be restored unto 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 King's 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 kings Majesty, Forty shillings. 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 kings majesties justices of Sessions of Swans: upon pain of forfeiting to the kings Grace, Forty shillings. 27 The Master of the kings Game, shall not take away any unmarked Swan coupled with any other man's Swan, for breaking of the Brood: and when they do Heirie, 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 Spannyles, shall forfeit to the King, Forty shillings; the Owner of the Dog to pay it, whether he be there, or no. Also, the Master of the Swans, is to have for every White Swan and Grace upping, a Pennies and for every Cignet, it. d. 29 It is ordained, That if any Heirie be laid with one Swan, the Swan and the cygnets shall be feazed for the King, till due proof be had whose they are, and whose was the Swan, 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 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. FINIS. God save the King.