12. If any marked swan be unpinioned, and thereby do fly, the owner of that swan is to pay four pence; and, if any man take any flying swan, or cygnet, he must bring the same to the master of the game, or his deputy, and take for bis pains eight pence, on pain of forty shillings.

13. It is ordained, that no person shall lay leaps, set any nets, or drags within the common streams or rivers, upon the day-time, from the feast of the Invention of the Cross, unto the feast of Lammas, upon pain, so often as they be found so offending, to forfeit twenty shillings.

14. If any swan be found double-marked, embezzled, or by un. skilfulness put out of the right mark, the master of the game is to chuse five gamesters (such as are indifferent) to judge who hath right to that swan; and he, to whom the swan shall be adjudged, shall pay four pence for registering the said embezzled or wrong mark: But, if these five, or the greater number of them, do not adjadge the said swan to one of the gamesters, then the swan is due to the king.

15. The usual days for upping of swans are not to be altered without consent of the greater number of gamesters of that stream, and that by proclamation made in all market-towns near the said stream.

16. No person shall go on marking, without the master of the game, or his deputy, be present, upon pain to forfeit forty shil. lings: But, if, by sickness, or other occasion, he be absent at the usual upping-days, the company may go on, so that somc sworn gamester keep the register-book, and receive all the dues, and deliver them to him, at his coming.

17. If any person do embezzle, rase, or alter the mark of any swan, to the loss or hindering of any man's game, he shall suffer one year's imprisonment, and be fined three pounds six shillings and cight pence, and for ever be disabled to be a gamester.

18. And, to the end that, in upping-time, no swan be embezzled, it is ordained, that no man draw blood of any swan, till the master of the game, or his deputy, have viewed the said swan, and decla. red whose the swan is.

19. No swan, other than clear-billed, is to be marked for the king on the beak, but only on the leg; for two marks on the beak are unlawful.

20. The master of the game may presently sell, or carry away, all swans that are clear-billed, embezzled, as aforesaid, and all swans forfeited for want of freehold, or by attaint of the owner.

21. And yet neither the master of the game, nor any other gamester, may take away any swan, which is in brood with any other man’s, or which is coupled, and hath a walk, without the other's consent for breaking the brood.

22. It is ordained, that commons, that is to say, dinner and supper, is to be paid daily by every banker or commoner, whether ke be present, or absent; but, if he be absent, the master of the game is to lay it out for him (as likewise all other dues) till the

next meeting, or upping; but the said commons shall not exceed above twelve pence a man, and, if the company will spend more, they are to pay the overplus by the poll.

23. To the end that diet may be had at a reasonable rate, and likewise lodging, the place of taking both is to be chosen by the greater number of the commoners.

24. If any person be found carrying a swan-hook, within forty lugs of any stream, saving on the upping-days, and not accompa. nied with two swan-herds, he shall forfeit one pound ten shillings and four pence. But, upon the upping-days, every gamester, that carrieth not a hook (except such gentlemen as, for pleasure, go to see their own game) shall forfeit eight pence a day; the one half to bc for the master of the game, the other half for the company.

25. No person shall take up any swan or cygnet, marked or unmarked, unless it be done in the presence of two other swan. herds, and that by allowance of the master of the game, or his de. puty; for which allowance he is to pay four pence, upon pain to forfeit forty shillings.

26. If any swan-herd depart before he have made even with the master of the game for all dues, he is to forfeit twelve pence; for which, as for all dues, the master of the game, or his deputy, may distrain the game, and, at the next upping, may pay himself by dis. training and sale of the game, rendering to the party the overplus.

27. If there be any person or persons, that have swans, that do airy upon any of their rivers, or several waters, and afterward come to the common water or river, they shall-pay a land bird to the king, and be obedient to all swan-laws; for divers such persons do use collusion to defraud the king of his right. 28. If any person shall take away

egg or eggs


any swan, every such offender shall be imprisoned a year and a day, and shall pay thirteen shillings and four pence for every egg so taken away; whereof half to the king, and half to the owner of the swan, 11 H. VII.

29. If any person do drive away any swan breeding, or provi. ding to breed, be it on his own ground, or on any other man's, he shall be fined thirteen shillings and four pence, and shall suffer one year's imprisonment, 11 H. VII.

30. If any dog shall drive any swan away from her nest, the owner of such dog shall forfeit thirty shillings and four pence; but, if any dog shall kill any old swan, the owner of such dog shall forfeit to the king forty shillings, whether he be there, or not.

31. If any person shall hunt any ducks, or any other chace in. the water, with any dog or dogs, in fence-time (that is, from the feast of Easter till Lammas eve) he shall pay, for every offence, six shillings and eight pence.

32. It is ordained, That, if any person doth set any snares, or any manner of nets, line, or engines, to take bitterns, or swans, from the feast of Laster, to the sunday after Lammas-day; he or

they to forfeit to the king's majesty, for every time so setting, six shillings and eight pence.

33. If there be any weirs upon the rivers, not having grates be. fore them, whereby the swans and cygnets may be defended from drowning, the owner of such weir shall forfeit to the king thirteen shillings and four pence.

34. All fishermen are to assist the master of the game, or his deputy, in the execution of their office, on the upping-days, with their boats at the upper end of their several waters, upon pain of twenty shillings for every default; for which service the master of the game shall cause the accustomed fees to be paid to the said fishermen.

35. Lastly, if there be any other misdemeanor or offence com. mitted, or done by any owner of any game, swan-herd, or other person whatsoever, contrary to any law, ancient custom, or usage heretofore used and allowed, and not before herein particularly mentioned or expressed, you shall present the same offence, that reformation may be had, and the offenders punished, according to the quantity and quality of the several offences.

These orders, according to Master D'oyly's directions, I have examined, and compared with some other orders, which are now in print, and have been observed and used in some parts of this kingdom; but I find anciently used these laws, customs, and orders, in most parts of this kingdom, and not much differing from those orders now printed, in matter of substance, but only in form. As also I find a commission, used for the preservation of the royal game of swans and cygnets, directed to noblemen, knights, and gentlenen, for the inquiring of abuses committed contrary to these laudable orders and customs, and the offences to punish, according to their several qualities; and have caused these orders to be prin. ted, that thereby better knowledge may be taken of them by every deputy-master of the game.

John Witherings.



(At the several Assizes held at Lancaster, the fourteenth and six. teenth Days of the first Month, 1663-4; and the twenty

ninth of the sixth Month 1664) For their obedience to Christ's Command, who saith, “Swear not at all :'

Also something in answer to Bishop Lancelot Andrew's Sermon

concerning Swcaring.

Thus have you made the Commandment of God of none Effect by your Tradition,

Matt. xv. 6.

Printed in the Year 1664. Quarto, containing thirty-four Pages.

I. SHE was called to the bar, and when she was at the bar, order

was given to the gaoler, by the judge, to set a stool and a cushion for her to sit upon; and she had four of her daughters with her at the bar, and the judge said, “Let not Mrs. Fell's daughters stand at the bar, but let them come up hither, they shall not stand at the bar;' so they plucked them up, and set them near where the judge sat. Then, after a while, the mittimus was read, and the judge spoke to her, and she stood up to the bar, and he began to speak to her as followeth:

Judge. Ile said, Mrs. Fell, you are committed by the justies of peace for refusing to take the oath of obedience; and I am commanded, or sent by the king; to tender it to any that shall re. fuse it.

Margaret Fell. I was sent for from my own house and family, but for what cause or transgression I do not know.

Judge. I am informed by the justices of peace in this county, that you keep multitudes of people at your house, in a pretence of worshiping god; and, it may be, you worship him in part, but we are not to dispute that.

Marg. Fell. I have the king's word from his own mouth, That he would not hinder me of my religion. “God forbid,' said he, “that I should hinder you of your religion, you may keep it in your own house.' And I appeal to all the country, Whether those peo. ple that met at my house be not a peaceable, a quict, and a godly honest people? And whether there hath been any just occasion of offence given by the meeting that was kept in my house?

Judge. If you will give security that you will have no more meetings, I will not tender the vath to you: You think if there be no fighting nor quarrelling amongst you, that you keep the peace,

This is the 489th Article in the Catalogue of Pamphlets in the Harleian Library,

and break no law; but I tell you, That you are a breaker of the law, by keeping of unlawful meetings; and again, you break the law, in that you will not take the oath of allegiance.

Marg. Fell. I desire that I may have the liberty to answer to those two things that are charged against me: And, first, for that which is looked upon to be matter of fact, which is concerning our meetings; there are several of my neighbours that are of the same faith, principle, and spirit, and judgment that I am of; and these are they that meet at my house, and I cannot shut my door against them.

Judge. Mistress, you begin at the wrong end, for the first is the oath.

Marg. Fell. I suppose, that the first occasion of tendering to me the oath, was, because of meeting; but, as for that, if I have begun at the wrong end, I shall begin at the other: And, First, then, as to the oath, the substance of which is allegiance to the king; and this I shall say, as for my allegiance, I love, own, and honour the king, and desire his peace and welfare, and that we may live a peaceable, a quiet, and godly lise under his government according to the scriptures, and this is my allegiance to the king; and as for the oath itself, Christ Jesus, the king of kings, hath commanded me not to swear at all, neither by heaven, nor by earth, nor by any other oath.

Judge. He called for the statute-book, and the grand jury to be present: Then one of the justices, that committed her, said, Mrs. Fell, You know, that, before the oath was tendered to you, we offered, that, if you would put in security to have no more meetings at your house, we would not tender the oath to you.

Marg. Fell. I shall not deny that.

Judge. If you will get put in security that you will have 10 more meetings, I will not tender it to you.

Murg. Fell. Spoke to the judge, and the court, and the rest of the people: You all profess here to be christians, and likewise you profess the scriptures; so, in answer to those things that are laid against me:

First (John iv.) Christ Jesus hath left upon record in the scriptures, that God is a spirit, and that his worship is in the spirit and truth; and that he is seeking of such worshipers to worship him, in which spirit, I and those that meet, in my house, meet and worship God, in obedience to his doctrine and command.

Secondly, Mat. v. The same Christ Jesus hath commanded, in plain words, That I should not swear at all; and, for obedience to Christ's doctrine and command, am I here arraigned this day; and so, you, being christians, and professing the same things in words, judge of those things according to that of God in your consciences, and I appeal to all the country, Whether ever any prejudice, or hurt, those meetings did ?

So, after she bad spoken of the worship of God in spirit, and obedience to Christ's doctrine and command, &c.

Judge. You are not here for obedience to Christ's commands, VOL, TII,

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