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.
God saue the King.