Selected quad for the lemma: law_n
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A22843
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The orders for swannes, both by the statutes and by the ancient orders and customes vsed within the realme of England; Laws, etc.
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England and Wales.
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1603
(1603)
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STC 9342.9; ESTC S3284
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3,364
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1
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⧠The Orders for Swannes both by the Statutes and by the ancient Orders and Customes vsed within the Realme of England FIrst ye shall enquire if there be any person that doth possesse any Swan and hath not compounded with the Kings Maiesty for his marke that is to say vj. s. viij d. for his Marke during his life If you know any such you shall present them that all such Swans and Cignets may be seized for the King 2 Also you shall enquire if any person doth possesse any Swan or Cignet that may not dispend the cléere yearly value of fiue markes of Frée-hold except heyre apparant to the crowne then you shal present him 22. Edw. 4. 3 Also if any person or persons doe driue away any Swan or Swans bréeding or prouiding to bréed be it vpon his own ground or any other mans ground he or they so offending shall suffer one yeares imprisonment and fine at the Kings pleasure xiij s. iiij d. 11. H. 7. 4 If there be found any Weares vpon the Riuers not hauing any Grates vpon them it is lawfull for euery owner swanmasters or swan-heards to pull vp or cut downe the Birth net or gyn of the said Weare or Weares 5 If any person or persons be found carrying any Swan-hâ—â—ke and the same person being no Swan-heard nor accompanied with two Swan-heards euery such person shall pay to the King xiij s. iiij d. that is to say iij. s. iiij d. to him that will informe and the rest to the King 6 The ancient custome of this Realme hath and doth allow to euery owner of such ground there any such Swan shall heiry to take one land bird and for the same the Kings Maiesty must haue of him that hath the land bird xij d. be it vpon his owne ground or any other 7 It is ordeyned that if any person or persons do conuey away or steale away the egge or egges of any Swans and the same being duly proued 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 neast of any Swan 8 It is ordeyned that euery owner that hath any swans shall pay euery yeare yearely for euery swan-mark iiij d. to the master of the game for his fée and his dinner and supper frée on the Upping dayes And if the said master of the game faile 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 Swans that doe heiry 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 Swan Lawes for diuers such persons doe vse collusion to defraud the King of his right 10 It is ordeyned that euery person hauing any Swan shall begin yearly to marke vpon the first of August and no person before but after as coueniently may be so that the master of the Kings game or his deputy be present And if any take vpon him or them to marke any Swan or Cignet in any other maner to forfeit to the Kings Maiesty for euery Swan so marked xl s. 11 It is ordeyned that no person or persons being owners or deputies or seruants to them or other shall goe on marking without the master of the game or his deputy be present with other Swan-heards next adioyning vpon paine to forfeit to the Kings Maiestie xl s. 12 It is ordeyned that no person shall hunt any Ducke or any other chase in the water or néere the haunt of Swans in Fencetime with any Dog or Spaniels viz. from the feast of Easter to Lammas vpon paine for euery time so found in hunting to forfeit sixe shillings eight pence 13 It is ordeyned that if any person doth set any snares or any maner 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. Maiestie for euery time so setting vj s. viij d. 14 It is ordeyned that no person take vp any Cignet vnmarked or make any sale of them but that the Kings Swan-heard or his deputy be present with other Swan-heards next adioyning or haue knowledge of the same vpon paine to forfeit to the Kings Maiesty xl s. 15 It is ordeyned that the Swan-heards of the Duchy of Lancaster shall vp no Swan or make any sale of them without the Master of the Swans or his deputy be present vpon paine to forfeit to the K. Maiesty xl s. 16 And in like maner the Kings Swan-heard shal not enter into the Liberty of the Duchy without the Duchy Swan-heard be there present vpon the like paine to forfeit xl s. 17 It is ordeyned that if any Swans at Cignets be found double marked they shall be seized to the Kings vse till it be proued to whom the same Swans or Cignets doe belong And if it cannot be proued to whom they doe belong that then they be seized for the King and his Grace to be answered to the value of them 18 It is ordeyned that no person make sale of any white Swans nor make deliuery of them without the master of the game be present or his deputy with other Swan-heards next adioyning vpon paine to forfeit xl s. whereof vj. s. viij d to him that will informe and the rest to the K Maiesty 19 It is ordeyned that no person shal lay Leapes set any Nets or Drag within the common streames or riuers vpon the day time from y e feast of the Inuention of the Crosse to y e feast of Lammas vpon pain so ost as they be found so offending to sort xx s. 20 It is ordeyned that if the master of the Swans or his deputy do seize or take vp any Swans as strayes for the K. Maiesty that he shall kéepe them in a pit within xx foot of the Kings streame or within xx foot of the common high way that the K. subiects may haue a sight of the said Swans so seized vpon paine of xl s. 21 It is ordeyned that if any person do raze out counterfeit or alter the marke of any Swan to the hindering or losse of any mans game that euery such offendor duly proued before the K. Maiesties Comissioners of Swans shal suffer one years imprisonment and pay in l vj. s. viij d. to the King 22 It is ordeyned that the commons that is to say dinner and supper shall not excéed aboue xij d. a man at the most If 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 Master of the game is to lay out viij d. for him and he is to distraine the game of him that faileth the payment of it 23 It is ordeyned that there shal be no forfeiture of any white Swan or Cignet but onely to the K. Grace as well within the Franchise Liberties as without and if any do deliuer the Swan or Cignet so seized to any person but only to the Master of the Kings Game or to his deputy to the K. vse he is to forfeit vj. s. viij d. and the Swans to be restored to the master of the game 24 It is ordeyned that no person shall take any gray Swans or Cignets or white Swans flying but that he shall within foure dayes next after deliuer it or them to the Master of the K. game and the Taker to haue for his paines viij d. and if hee faile and bring him not he forfeits xl s. to the King 25 It is ordeyned that no person hauing any game of his own shall be Swan-heard for himselfe nor kéeper of any other mans Swans vpon paine to forfeit to the K. Maiesty xl s. 26 It is ordeyned that no Swan-heard Fisher or Fowler shall vexe any other Swan-heard Fisher or Fowler by way of action but only before the K. Maiesties Justices of Sessions of Swan-heards vpon paine to forfeit xl s. to the King 27 The master of the Kings game shall not take away any vnmarked Swan coupled with any other mans Swan for breaking of the brood and when they doe heiry the one part of the Cignets to the King and the other to the owner of the marked Swan 28 Also any man whatsoeuer he be that killeth any Swan with Dogge 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 haue for euery white swan and gray vpping j. d. and for euery Cignet ij d. 29 It is ordeyned that if any Heiry be leyed with one swan the swan and the Cignets shall be seized for the King till due proofe 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-heard or other person whatsoeuer contrary to any law ancient custome or vsage heretofore vsed and allowed 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 quantity and quality of the seuerall offences GOD SAVE THE KING