92 BIRDS OF NORFOLK. 



of the Corporation birds at St. Helen's pit between 

 nine and ten tbe same evening, it is somewhat re- 

 markable that all should survive the ordeal. The old 

 birds are caught as well as the young ones when- 

 ever the ownership of the pair is doubtful, and their 

 marks are then examined and recut if necessary, but 

 as the cock swans selecb their own partners, it com- 

 monly happens that the parent birds belong to different 

 owners, in which case, as by law established,"^ the cygnets 

 are equally divided if in even numbers, if not, the re- 



* Folkard, in his chapter on " Swan Laws " in " The Wild 

 Fowler" (p, 208), alludes to this point, as " decided in a very 

 old case — Lord Strange versus Sir John Charleton (Year Book, 

 2 Richard III., p. 15) — which is referred to by Su" Matthew 

 Arundel in his judgment on ' The Swan Case.' " To this I 

 may append the following amusing extract from " The Case 

 of Swans" (Coke reports, fol. 1680, part yii., p. 465):— "The 

 Lord Strange had certain swans which were cocks, and Sir 

 John Charleton certain swans which were hens, and they had 

 Cignets between them, and for these Cignets the owners did join in 

 one Action; for in such case by general custom of the Eealm, 

 which is the Common Law in such case, the Cignets do belong to 

 both the owners in common equally, scil. to the owner of the 

 Cock, and the owner of the Hen ; and the Cignets shall be divided 

 betwixt them. And the Law thereof is grounded upon a reason 

 in nature ; for the Cock Swan is an emblem or representation of an 

 affectionate and true husband to his wife above all other Fowl ; for 

 the Cock Swan holdeth himself to one female only ; and for this 

 cause nature hath conferred upon him a gift beyond all others ; 

 that is, to die so joyfully, that he singeth sweetly when he dieth ; 

 upon which the Poet saith — 



Dulcia defectu modulatur carmina linguoe, 

 Cantator, cygnus, funeris ipse sui, &c. 

 And therefore this case of the Swan doth differ from the case of 

 Kine, or other bruit beasts." A curious instance this of a legal 

 mind, led astray by mere poetical fancies. 



For other points of law, with reference to the ownership, &c., 

 of swans and swan-rights, see Folkard's admirable epitome in the 

 chapter above referred to ; and the account of the Mute Swan iu 

 the third volume of Yarrell'a " British Birds." 



