Selected quad for the lemma: lord_n
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A15665
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The orders lavves and ancient customes of swanns. Caused to be printed by Iohn Witherings Esquire, master and governour of the royall game of swans and signets, throughout England; Laws, etc. Swans
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England and Wales.; Witherings, John.
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1632
(1632)
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STC 25930; ESTC S102212
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5,154
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16
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THE ORDERS LAVVES AND ANCIENT CVSTOMES OF SWANNS Caused to be Printed by IONN WITHERINGS Esquire Master and Governour of the Royall game of Swans and Signets throughout England London Printed by August Mathewes 1632. The Kings Marke The Queenes Marke The Prince his Marke The Princes her marke The Kings stay Swanns The Dutchy of Landcaster To the VVorshipfull IOHN VVITHERINGS Esquire chiefe Master and Governour of the Royall game of Swanns and Signets throughout the Kingdome of England SIR YOur deputie Master Loggins hearing that I had some ancient notes of the Customes and Orders concerning Swanns desired me that you might have a sight of them which I have sent you together with certaine Presidents or formes of Commissions for keeping Swanheards Courts and Copies of ancient Patents which I received of a very honest gentle-man Master Edward Clerke of Lincolnes Inne Esquire Father to Sir Edward Clerke one of the Masters of the Chauncery These he delivered mee about 18. yeares agoe at what time Sir Lawrence Tanfeeld late Lord Chiefe Baron and my selfe had a deputation from Sir William Androwes of that walke which Master Loggins now hath from you Master Clerke was before mee but as I remember he told me he had his deputation from my Lord of Buckhurst and not from Sir Iames Mervin Howsoever the titles are truely by mee transcribed as I received them written with his owne hand There are Orders also Printed and yet somewhat differing from these which Orders were made at one particular Court long agoe And at a Court holden at Burford in the county of Oxon about 15. yeares agoe by the sayd Sir Lawrence Tanfeeld and others some new Orders were made which Sir Laurence Tanfeeld sayd were Warrantable by the Commission and lawfull to be made where and when they were fit and necessary for the preservation of Swannes Yet so that those particular Orders may bee altered upon occasion But the ancient Customes contained under the name of Orders may not There hath beene so little care taken for preserving and publishing these ancient Customes that they are not of all Gamsters knowne And your deputies commonly send their servants among us who as they are more or lesse covetous so do they impose more or lesse upon us And when wee that are the ancient gamsters oppose them wee have some contention You shall therefore Sir doe well if comparing these with your other notes you finde them to serve generally for England as well as for our river of Thames That you give to all your Deputies and to all Commissioners copies that so all gamsters may know the certaine Customes which are to bee kept And so I bid you heartily Farewell Your Louing friend John D'oyly From Alborne in Wiltshire this 26th of Ianuary 1631. THese Orders according to Master Doyly his direction I have examined and compared with some other Orders which are now in print and have beene observed and used in some parts of this Kingdome but I finde anciently used these Lawes Customes and Orders in most parts of this Kingdome and not much differing from those Orders now Printed in matter of substance but onely in forme As also I finde a Commission used for the preservation of the Royall game of Swanns and Signets directed to Noble-men Knights and Gentle-men for the enquiring of abuses committed contrary to these Laudable Orders and Customes and the offences to punish according to their severall qualities and have caused these Orders to bee printed that thereby better knowledge may bee taken of them by every deputie Master of the Game IOHN WITHERINGS THE LAVVES ORDERS and customes for Swans taken forth of a booke which the Lord of Buckhurst deliuered to Edward Clerke of Lincolnes Inne Esquier to peruse An. Eliz. 26. On the backside of which booke It was thus intituled Taken out of an ancient booke remaining with Master Hambden sometimes Master of the Swannes FIRST If any person doth possesse any Game of Swannes that may not dispend fiue Marks a yeere of Freehold except the sonne of the King the Swannes of euery such person are forfeit to the King 22. Edward 4. 2. If any person possesse any Game of Swannes and hath not payd his fine for the same his Game of Swans is to be seazed for the King till his fine be payd Which fine is Sixe shillings eight pence and no man is to pay it more then once during his life 3. But if any person hauing no Marke allowed him haue one or more Swannes giuen him or haue any Land-bird signe marked he may keepe them in the common Riuer till the next Vpping time without fine paying the Commons and other charges for the Vpping 4. If any Person hauing Swannes either within Franchises or without bee attainted his Swannes are forfeit to the King onely and not to any other person whatsoeuer 5 Also all Swannes that are cleare of Bill without marke or signe marke are the Kings onely whether they be pinioned or flying Swannes 6. Also all stray Swannes which no man can challenge by his Marke those are the Kings onely And they are to be seazed for the King and marked on the legge but are not to be caryed away the firsty eare 7. In all Common streames and priuate waters when Cignets are taken vp the owner of the Cob must chuse the first Cignet and the Pen the next and so in order But if there be three then the owner of the Grasse where they breed must haue the third for the spoyle of his Grasse and must pay to the King Twelue pence for the same Land-bird sauing in such places where of ancient custome they pay lesse or more 8. If an Heiry be ledd with one Swanne onely the halfe of those Cignets shall be seazed for the King till proofe bee made whose the Swanne was that is away but are not to be caryed away that yeare 9. The Master of the Game or his Deputy shall yearely come at the vsuall dayes of marking Swannes in that streame on paine of loosing his Fees during his absence And he shall keepe a Roll or standard booke containing all the vsuall markes of that streame He shall also keepe a Register booke of the number of euery mans Swannes and the place where they are vpt And shall likewise bring the booke of the last yeere For which every Gamster is to giue him yearely Foure pence 10. Also the Master of the Game or his Deputy is to haue a penny for vpping every white Swanne and two pence for every Cignet and shall haue his dinner and supper and hay or grasse for his Horse discharged by the Gamsters every Vpping day except in such streames where by ancient custome other composition is vsed 11. If any man desire the Master of the Game to enter any note in his booke other then the notes due to be written as aforesaid or to take any note out of his booke vnder his hand he is to pay for the same iiii d. 12 If any marked Swanne be