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teene shillings four pence. 11 Hen. Swanne or Cignet, in other manner, vii.

to forfeit to the Kings Maiestie for 4. If there be found

any
Weares

vpon the euery Swan so marked fortie shillings. Riuers, not hauing any Grates before 11. It is ordained, that no person or perthem ; It is lawfull for every Owner, sons being Owners, or Deputies, or Swan-Masters, or Swanne-herdes, to seruants to them, or other, shall go on pull vp, or cut downe the Birth-net, or marking without the Master of the

Gynne of the said Weare or Weares. Game, or his Deputie be present, with 5. If any person, or persons, be found other Swan-herds next adioyoing, ypon

carrying any Swan-hooke, and the same paine to forfeit to the Kings Maiesty, person being no Swan-herd, nor accom.

fortie shillings. panied with two Swan-herds: every 12. It is ordained, that no person shall such person shall pay to the King. Thir. hunt any Duckes, or any other chase teene shillings four pence, (that is to in the water, or neere the haunt of say) Three shillings foure pence to him Swans in Fence-time, with any Dogge that will informe, and the rest to the or Spaniels: viz. from the feast of King.

Easter to Lammas : vpon paine for 6. The auncient custome of this Realme euery time so found in hunting, to forhath and dothe allow to every owner

feit sixe shillings eight pence. of such ground where any such Swan 13. It is ordained, that if any person doth shall heirie, to take one Land-bird ; set any snares or any manner of Nets. and for the same, the Kings Maiestie Lime, or Engines, to take Bittorns or must have of him that hath the Land Swans, from the Feast of Easter to the bird, Twelve pence, Be it vpon his Sunday after Lammas day; He or they owne ground, or any other.

to forfeit to the Kings Maiestie for 7. It is ordained, that if any person, or euery time so setting, six shillings eight

persons, do convey away or steale away pence. the Egge, or Egges of any Swannes, 14. It is ordained that no person take up and the same being duely proued by any Cignet unmarked, or make any two sufficient witnesses, that then euery sale of them, but that the Kings Swansuch offender shall pay to the King herd, or his Deputie be present, with thirteene shillings foure pence, for other Swan-herds next adioyning, or euery Egge so taken out of the Nest of haue knowledge of the same : ypon

paine to forfeit to the Kings Maiestie 8. It is ordained, that euery owner that

fortie shillings. hath any Swans, shall pay euery yeare 15. It is ordained that the Swan-herdes yearly for euery Swan-marke, foure of the Duchie of Lancaster, shall vp no pence to the Master of the Game for Swannes, or make any sale of them, his Fee, and his dinner and supper free without the Master of the Swannes or on the Upping daies: And if the saide his Deputy be present : vpon paine to Master of the Game faile of the foure forfeite to the Kings Maiestie forty pence, then he shall distraine the Game shillings. of euery such owner, that so doth faile 16. And in like manner, the Kings Swanof payment.

herd shal not enter into the Libertie of 9. If there be any person or persons, that the Duchie, without the Duchies Swan

hath Swannes, that doe heirie vpon any herd be there present : vpon the like of their seuerall waters, and after come paine to forfeite forty shillings. to the co'mon Riuer, they shall pay a 17. It is ordained, that if any Swannes or Land-bird to the King, and be obedient Cignets be found double marked, they to all Swanne Lawes : for diuers such shall be seaz'd to the Kings vse, till it persons doe use collusion, to defraud be prooved to whom the same Svans the King of his right.

or Cignets doe belong : And if it can. 10. It is ordained, that euery person, not be prooved to whome they doe hauing any Swans, shal begin yearly to belong, that then they be seazd for the mark, the Monday next after St. Peters King, and his Grace to be answered to day, and no person before ; but after the value of them. as conueniently may be, so that the 18. It is ordained that no person make Master of the Kings Game, or his De sale of any white Swans nor make deputy, be present. And if any take livery of them, without the Master of vpon him or them, to marke any the Game be present or his Deputy,

any Swanne.

with other Swan-herds next adioyning; paines eight pence. And if he faile, vpon paine to forfiet forty shillings: and bring him not, he forfeits forty whereof six shillings eight pence to him shillings to the King. that will informe: and the rest to the 25. It is ordained, that no person, having Kings Maiestie.

any Game of his own shall not be 19. It is ordained, that no person shall Swan-herd for himselfe; nor keeper of

lay Leapes, set any Nets, or Dragge, any other mans Swannes: upon paine within the common streames or Riuers to forfeit to the Kings Maiestie forty vpon the day time, from the Feast of

shillings. the Inuention of the Crossse, vnto the 26. It is ordained, that no Swan-herd, Feast of Lammas : vpon paine so oft fisher, or fowler, shall vex any other as they be found so offending, to forfeit Swan-herd, fisher or fowler, by way of twenty shillings.

action, but only before the Kings Ma20. It is ordained, that if the Master of iesties Justices of Sessions of Swans,

the Swans, or his Deputy, do seaze, or vpon paine of forfeiting to the Kings take vp any Swa'nes, as strayes, for the Grace forty shillings. Kings Maiesty, that he shall keepe them 27. The Master of the Kings Game, shal in a Pit within twenty foote of the not take away any vnmarked Swan Kings streame, cr within twenty foote coupled with any other mans Swan, of the common High-way, that the for breaking of the brood: and when Kings subiects may have a sight of the they doe Heirie, the one part of the said Swans so seazed, vpon paine of Cignets to the King, and ihe other to forty shillings.

the owner of the marked Swanne. 21. It is ordained, that if any person doe 28. Also, any man whatsoever he be, that

raze out, counterfeit, or alter the Marke killeth any Swanne with dogge, or of any Swanne, to the hindering or Spaniels, shall forfeit to the King forty losse of any mans Game, and any such shillings, the owner of the Dogge to offendor duly prooved before the Kings pay it, whether he be there or no. Maiesties Commissioners of Swannes, Also, the Maister of the Swannes, is to shal suffer one yeares imprisonment, have for every White Swanne and and pay three pounds six shillings Gray vpping, a penny, and for every eight pence, to the King.

Cignet two pence. 22. It is ordained, that the Commons 29. It is ordained, that if any Heirie be

(that is to say) Dinner and Supper, leyed with one Swan, the Swan and the shall not exceed above twelve pence a Cignets shall be seazed for the King, man at the most: If there be any Game till due proofe be had whose they are, found where the dinner or supper is and whose was the Swan, that is away; holden, vpon that Riuer, the owner Be it Cobbe or Pen. being absent and none there for him, 30. Lastly, If there be any other misdethe Master of the Game is to lay out

meanour, or offence committed or done eight pence for him, and he is to dis

by the owner of any Game, Swan-herd, traine the Game of him that faileth the

or other person whatsoeuer, contrary to paiment of it.

any law, ancient custome, or vsage 23. It is ordained, that there shall be no heretofore vsed and allowed, and not

forfeiture of any white Swanne or Cig before herein particularly mentioned or bet, but only to the Kings Grace, as expressed, you shal present the same well within the Franchise and Liber offence, that reformation may be had, ties, as without, and if any doe deliver and the offendors punished, according the Swanne or Signet so seazed, to any to the quantitie and qualitie of the person, but only to the Master of the

seuerall offences. Kings Game, or to his Deputy, to the Kings vse; he is to forfeit sixe shillings

God Saue the King. eight pence; and the Swannes to be

restored vnto the Master of the Game. 24. It is ordained, that no person shall It may be presumed that “ the Order

take any Gray Swans, or Cignets, or for Swannes” fairly illustrates the origin white Swans Aying, but that he shall of the term “ swan hopping ;" perhaps within foure dayes next after, deliver the “order” itself will be regarded it, or them, to the Master of the Kings by some of the readers of the Every-Day Game, and the Taker to haue for his Book as “ a singular rarity.”

VOL. II.-83.

FINIS.

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“ SWAN WITH TWO NECKS," The swan is a royal bird, and often Lad-lane.

figured in the princely pleasures of former

kings of England. The sign of the “Swan with two

In Edward the fourth's time none was pecks," at one of our old city inns, from

permitted to keep swans, who possessed whence there are

and parcels

passengers booked” to all parts of the kingdom, is value, except the king's son: and by an

not a freehold of at least five marks yearly manifestly a corruption. As every swan

act of Henry the Seventh, persons conbelonging to the king was marked, ac

victed of taking their eggs were liable to cording to the swan laws, with two nicks or

a year's imprisonment, and a fine at the notches; so the old sign of this inn was

will of the sovereign.* the royal bird so marked, that is to say, “ the swan with two nicks." In process of time the two nicks" were called “two More anciently, if a swan was stolen in necks;" an ignorant landlord hoisted the an open and common river, the same swan foul misrepresentation; and, at the present or another, according to old usage, was day, “the swan with two nicks” is to be hanged in a house by the beak, and commonly called or known by “ the he who stole it was compelled to give the name or sign” of “ the swan with two owner as much corn as would cover the be is."

swan, by putting and turning the corn

upon the head of the swan, until the head “ A Southern Tourist,” in the “Gentle- of the swan was covered with corn.t man's Magazine,” for 1793, giving an account of his summer rambles, which he In the hard winter of 1726, a swan calls “ A naturalist's stray in the sultry was killed " at Emsworth, between Chidays of July,” relates that he “put up chester and Portsmouth, lying on a creek for the night at the Bush-inn, by Staines- of the sea, that had a ring round its neck, bridge,” and describes his sojournment with the king of Denmark's arms on it."I there with such mention of the swans as seems fitting to extract.

For indications of the weather, by the “ The Swan at Staines."

flight of the swans on the Thames, see

vol. i. col. 505. “ This inn is beautifully situated : a

It is mentioned by the literary lord translucent arm of the Thames runs close Northampton, as formerly “ a paradox of under the windows of the eating-rooms, simple men to thinke that a swanne canlaving the drooping streamers of the not hatch without a cracke of thunder. 11 Babylonian willows that decorate the garden, and which half conceal the small bridge leading into it. In these windows

The Swan's Death Song. we spent the evening in angling gudgeons The car of Juno is fabled to have been for our supper, and in admiring a com- drawn by swans. They were dedicated pany of swans that were preening them- to Venus and Apollo. To the latter, selves near an aite in the river. The according to Banier, because they were number of these birds on the Thames is “reckoned to have by instinct a faculty very considerable, all swimming between of prediction ;” but it is possible that Marlow and London, being protected by they were consecrated to the deity of the dyers and vintner's companies, whose music, from their fabled melody at the properties they are. These companies moment of death. annually send to Marlow six wherries, Buffon says, the ordinary voice of the manned by persons authorized to count tame swan is rather low than canorous. and to mark the swans, who are hence It is a sort of creaking, exactly like what denominated swan-hoppers. The task is valgarly called the swearing of a cat, assigned them is rather difficult to per- and which the ancients denoted by the form; for, the swans being exceeding imitative word drensare. It wouid seem strong, scuffling with them amongst the to be an accent of menace or anger; nor tangles of the river is rather dangerous, does its love appear to have a softer. In the and recourse is obliged to be had to certain strong crooks, shaped like those we

• Buffon, note. suppose the Arcadian shepherds to have

Gentleman's Magazine. used."

+ Cowel

Brand.

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“ Mémoires de l'Académie des Inscrip- regular rhythm, with the measure of two
tions” is a dissertation by M. Morin, en times.”
titled, “ Why swans, which sung so well
formerly, sing so ill now.”

M. Grouvelle observes, that " there is
The French naturalist further remarks,
that “ swans, almost mute, like ours in ther, and form a sort of commonwealth ;

a season when the swans assemble toge-
the domestic state, could not be those it is during severe colds. When the frost
melodious birds which the ancients have threatens to usurp their domain, they con-
celebrated and extolled. But the wild

gregate and dash the water with all the
swan appears to have better preserved its extent of their wings, making a noise
prerogatives ; and with the sentiment of which is heard very far, and which, whether
entire liberty, it has also the tones. The in the night or the day, is louder in pro-
bursts of its voice form a sort of modulated portion as it freezes more intensely. Their
song." He then cites the observations efforts are so effectual, that there are few
of the abbé Arnaud on the song of two instances of a flock of swans having
wild swans which settled on the magni- quitted the water in the longest frosts,
ficent pools of Chantilly. “One can though a single swan, which has strayed
hardly say that the swans of Chantilly from the general body, has sometimes
sing, they cry; but their cries are truly been arrested by the ice in the middle of
and constantly modulated ; their voice is the canals."
not sweet; on the contrary, it is shrill,
piercing, and rather disagreeable; I could
compare it to nothing better than the Buffon further remarks, that the shrill
sound of a clarionet, winded by a person and scarcely diversified notes of the loud
ubacquainted with the instrument. Al- clarion sounds, differ widely from the ten-
most all the melodious birds answer to der melody, the sweet and brilliant
the song of man, and especially to the variety of our chanting birds. Yet it was
sound of instruments : I played long on not enough that the swan sung admirably,
the violin beside our swans, on all the the ancients ascribed to it a prophetic
tones and chords. I even struck unison to spirit. It alone, of animated beings,
their own accents, without their seeming which all shudder at the prospect of de-
to pay the smallest attention : but if a struction, chanted in the moment of its
goose be thrown into the basin where agony, and with harmonious sounds pre-
they swim with their young, the male, pared to breathe the last sigh. They said
after emitting some hollow sounds, rushes that when about to expire, and to bid a
impetuously upon the goose, and seizing sad and tender adieu to life, the swan
it by the 'neck, plunges the head re- poured forth sweet and affecting accents,
peatedly under water, striking it at the which, like a gentle and doleful murmur,
same time with his wings; it would be with a voice low, plaintive, and melan-
all over with the goose, if it were not choly, formed ils " funeral song,

This
rescued. The swan, with his wings ex tearful music was heard at the dawn of
panded, his neck stretched, and his head day, when the winds and the waves were
erect, comes to place himself opposite to still: and they have been seen expiring
his female, and utters a cry, to which the with the notes of their dying hymn. No
female replies by another, which is lower fiction of natural history, no fable of anti-
by half a tone. The voice of the male quity, was ever more celebrated, oftener
passes from A (la) to B flat (si bémol); repeated, or better received. It occupied
that of the female, from G sharp (sol the soft and lively imaginations of the
dièse) to A.

The first note is short and Greeks : poets, orators, even philosophers transient, and has the effect of that which adopted it as a truth too pleasing to be our musicians call sensible ; so that it is doubted. And well may we excuse such not detached from the second, but seems fables; they were amiable and affecting; to slip into it. Fortunately for the ear, they were worth many dull, insipid truths; they do not both sing at once; in fact, if they were sweet emblems to feeling minds. while the male sounded B flat, the female The swan, doubtless, chants not its apstruck A, or if the male uttered A, while proaching end ; but, in speaking of the the female gave G sharp, there would re last flight, the expiring effort of a fine sult the harshest and most insupportable genius, we shall ever, with tender melanof discords. We may add, that this dia. choly, recal the classical and pathetic exLogue is subjected to a constant and pression, “ It is the song of the swan!"

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Shakspeare nobly likens our island dying frenzy " he sung,"—the prince to the eyrie of the royal bird :-I' the world's volume

-'Tis strange that death should sing.Our Britain seems as of it, but not in it; I am the cygnet to this pale faint swan, In a great pool, a swan's nest.

Who chants a doleful hymn to his own death;

And from the organ-pipe of frailty, sings Nor can we fail to remember his beau- His soul and body to their lasting rest. tiful allusions to the swan's death-song. Portia orders “ sweet music” during Bassanio's deliberation on the caskets :

The muse of “ Paradise” remarks, that Let music sound while he doth make his choice:

-The swan with arched Deck Then if he lose, he makes a swan-like end

Between her white wings mantling, proudly Fading in music.

Her state with oary feet : yet oft they quit And after the Moor has slain his inno. The dank, and rising on stiff pennons, tour cent bride, Æmilia exclaims while her The mid æreal sky. heart is breaking, and singsHark, canst thou hear me? I will play the

Opportunities for observing the flight swan, And die in music-Willow, willow, willow.

of the wild swan are seldom, and hence

it is seldom mentioned by our poets. The After « King John

is poisoned, migrations of other aquatic birds are frehis son, prince Henry, is told that in his quent themes of their speculation.

TO A WATER-FOWL,
Whither, ʼmidst falling dew,
While glow the heavens with the last steps of day,
Far through their rosy depths, dost thou pursue

Thy solitary way?
Vainly the fowler's eye
Might mark thy distant flight to do thee wrong,
As darkly painted on the crimson sky

Thy figure floats along.
Seek'st thou the plashy brink
Of weedy lake, or maize of river wide,
Or where the rocky billows rise and sink

On the chafed ocean's side ?
There is a Power whose care
Teaches thy way along that pathless coast,-
The desert and illimitable air,

Lone wandering, but not lost.

All day thy wings have fann'd,
At that far height, the cold thin atmosphere;
Yet stoop not, weary to the welcome land,

Though the dark night is near.
And soon that toil shall end ;
Soon shalt thou find a summer home, and rest,
And scream among thy fellows; reeds shall bend

Soon o'er thy shelter'd nest.
Thou'rt gone, the abyss of heaven
Hath swallow'd up thy form; yet on my heart
Deeply bath sunk the lesson thou hast given,

And shall not soon depart.
He, who from zone to zone
Juides through the boundless sky the certain flight,
In the long way that I must tread alone,

Will lead my steps aright.

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