CHAPTER XXXVII. 



SWAN LAWS. 



Through centuries past, there have been laws for the preservation 

 of swans from the hands of the spoiler, most of which are still in 

 force ; so that it becomes necessary, in the event of swans becoming 

 the subjects of litigation, to refer back to a very remote period, not 

 only of the statute-book, but also to the law of prescription, and some 

 very early judicial decisions. 



An important case, affecting swans and swanneries, was decided in 

 the 34th of Elizabeth, which is well known as " The Queen versus 

 Lady Joan Young and Thos. Saunger." It is also known as " The 

 Swan case,"* and otherwise as " The case of the Abbotsbury Swans." 

 The resxdt of the litigation in that case, settled the law of swans upon 

 a basis which has never been disturbed : it placed the rights and 

 ownerships, with laws affecting them, in so clear a light, that the 

 case has ever since been a leading authority upon the subject. 



A swan is a royal fowl, as whales and sturgeons are royal fish ; and 

 all those, the property whereof is not otherwise definable, when 

 within the British dominions belong to the Queen by virtue of her 

 prerogative.! 



All white swans, not marked, having gained their natural liberty, 

 and swimming- in an open and common river, may be seized for the 

 Queen's use, by virtue of her prerogative. 



A person may prescribe to have a game of swans within his manor j 

 and he may prescribe that his swans may swim within the manor of 

 another person : but a prescription to have all wild-swans, which are 

 ferce naturce, and not marked, building their nests, breeding and 

 frequenting within a particular creek, is not good. 



Cygnets belong equally to the owner of the cock and the owner of 

 the hen, and must be divided betwixt them. This was decided in a 



* Vide vol. 4 Co. Kep., p. 82, part 7 p Ifi a. 

 t Stamf. Prerog., 37 b. Plowd., 315. 



