Kingsland-road, July, 1826.
Swan-hopping.
It appears that formerly—“When the citizens, in gaily-decorated barges, went up the river annually in August, to mark and count their swans, which is called swan-hopping, they used to land at Barn Elms, and, after partaking of a cold collation on the grass, they merrily danced away a few hours. This was a gala-day for the village; and happy was the lad or lass admitted into the party of the fine folks of London. This practice has, however, been long discontinued.”[254]
“Swan-hopping”—Explained.
The yearly visit of members of the corporation of London to the swans on its noble river, is commonly termed “Swan-hopping.” This name is a vulgar and long used corruption of “Swan-upping,” signifying the duties of the official visiters, which was to “take up” the swans and mark them. The ancient and real term may be gathered from the old laws concerning swans, to have been technically and properly used. They were manorial and royal birds; and in proof of their estimation in former times, a rare and valuable quarto tract of four leaves, printed in 1570, may be referred to. It mentions the “vpping daies;” declares what persons shall “vp no swannes;” and speaks of a court no longer popularly known, namely, “the king’s majesties justices of sessions of swans.” This curious tract is here reprinted verbatim, viz:—
THE
Order for Swannes
both by
The Statutes, and by the Auncient Orders and Customes, used within
the Realme of England.
The Order for Swannes.
- First, Ye shall enquire if there be any person that doth possesse any Swanne, and hath not compounded with the Kings Maiesty for his Marke (that is to say) six shillings eight pence, for his Marke during his life: If you know any such you shall present them, that all such Swans and Cignets, may be seazed to the King.
- 2. Also you shall enquire, if any person doth possesse any Swan, or Cignet, that may not dispend the cleare yearly value of five Markes of Freehold, except Heire apparant to the Crowne: then you shall present him. 22 Edw. iv. cap. 6.
- 3. Also, If any person or persons doe drive away any Swanne or Swannes, breeding or prouiding to breed; be it vpon his own ground; or any other mans ground: he or they so offending, shall suffer one yeeres imprisonment, and fine at the Kings pleasure, thirteene shillings four pence. 11 Hen. vii.
- 4. If there be found any Weares vpon the Riuers, not hauing any Grates before them; It is lawfull for every Owner, Swan-Masters, or Swanne-herdes, to pull vp, or cut downe the Birth-net, or Gynne of the said Weare or Weares.
- 5. If any person, or persons, be found carrying any Swan-hooke, and the same person being no Swan-herd, nor accompanied with two Swan-herds: every such person shall pay to the King. Thirteene shillings four pence, (that is to say) Three shillings foure pence to him that will informe, and the rest to the King.
- 6. The auncient custome of this Realme hath and dothe allow to every owner of such ground where any such Swan shall heirie, to take one Land-bird; and for the same, the Kings Maiestie must have of him that, hath the Land-bird, Twelve pence, Be it vpon his owne ground, or any other.
- 7. It is ordained, that if any person, or persons, do convey away or steale away the Egge, or Egges of any Swannes, and the same being duely proued by two sufficient witnesses, that then euery such offender shall pay to the King thirteene shillings foure pence, for euery Egge so taken out of the Nest of any Swanne.
- 8. It is ordained, that euery owner that hath any Swans, shall pay euery yeare yearly for euery Swan-marke, foure pence to the Master of the Game for his Fee, and his dinner and supper free on the Upping daies: And if the saide Master of the Game faile of the foure pence, then he shall distraine the Game of euery such owner, that so doth faile of payment.
- 9. If there be any person or persons, that hath Swannes, that doe heirie vpon any of their seuerall waters, and after come to the co’mon Riuer, they shall pay a Land-bird to the King, and be obedient to all Swanne Lawes: for diuers such persons doe use collusion, to defraud the King of his right.
- 10. It is ordained, that euery person, hauing any Swans, shal begin yearly to mark, the Monday next after St. Peters day, and no person before; but after as conueniently may be, so that the Master of the Kings Game, or his Deputy, be present. And if any take vpon him or them, to marke any Swanne or Cignet, in other manner, to forfeit to the Kings Maiestie for euery Swan so marked fortie shillings.
- 11. It is ordained, that no person or persons being Owners, or Deputies, or seruants to them, or other, shall go on marking without the Master of the Game, or his Deputie be present, with other Swan-herds next adioyning, vpon paine to forfeit to the Kings Maiesty, fortie shillings.
- 12. It is ordained, that no person shall hunt any Duckes, or any other chase in the water, or neere the haunt of Swans in Fence-time, with any Dogge or Spaniels: viz. from the feast of Easter to Lammas: vpon paine for euery time so found in hunting, to forfeit sixe shillings eight pence.
- 13. It is ordained, that if any person doth set any snares or any manner of Nets, Lime, or Engines, to take Bittorns or Swans, from the Feast of Easter to the Sunday after Lammas day; He or they to forfeit to the Kings Maiestie for euery time so setting, six shillings eight pence.
- 14. It is ordained that no person take vp any Cignet unmarked, or make any sale of them, but that the Kings Swan-herd, or his Deputie be present, with other Swan-herds next adioyning, or haue knowledge of the same: vpon paine to forfeit to the Kings Maiestie fortie shillings.
- 15. It is ordained that the Swan-herdes of the Duchie of Lancaster, shall vp no Swannes, or make any sale of them, without the Master of the Swannes or his Deputy be present: vpon paine to forfeite to the Kings Maiestie forty shillings.
- 16. And in like manner, the Kings Swan-herd shal not enter into the Libertie of the Duchie, without the Duchies Swanherd be there present: vpon the like paine to forfeite forty shillings.
- 17. It is ordained, that if any Swannes or Cignets be found double marked, they shall be seaz’d to the Kings vse, till it be prooved to whom the same Swans or Cignets doe belong: And if it cannot be prooved to whome they doe belong, that then they be seazd for the King, and his Grace to be answered to the value of them.
- 18. It is ordained that no person make sale of any white Swans nor make delivery of them, without the Master of the Game be present or his Deputy, with other Swan-herds next adioyning; vpon paine to forfiet forty shillings: whereof six shillings eight pence to him that will informe: and the rest to the Kings Maiestie.
- 19. It is ordained, that no person shall lay Leapes, set any Nets, or Dragge, within the common streames or Riuers vpon the day time, from the Feast of the Inuention of the Crossse, vnto the Feast of Lammas: vpon paine so oft as they be found so offending, to forfeit twenty shillings.
- 20. It is ordained, that if the Master of the Swans, or his Deputy, do seaze, or take vp any Swa’nes, as strayes, for the Kings Maiesty, that he shall keepe them in a Pit within twenty foote of the Kings streame, or within twenty foote of the common High-way, that the Kings subiects may have a sight of the said Swans so seazed, vpon paine of forty shillings.
- 21. It is ordained, that if any person doe raze out, counterfeit, or alter the Marke of any Swanne, to the hindering or losse of any mans Game, and any such offendor duly prooved before the Kings Maiesties Commissioners of Swannes, shal suffer one yeares imprisonment, and pay three pounds six shillings eight pence, to the King.
- 22. It is ordained, that the Commons (that is to say) Dinner and Supper, shall not exceed above twelve pence a man at the most: If there be any Game found where the dinner or supper is holden, vpon that Riuer, the owner being absent and none there for him, the Master of the Game is to lay out eight pence for him, and he is to distraine the Game of him that faileth the paiment of it.
- 23. It is ordained, that there shall be no forfeiture of any white Swanne or Cignet, but only to the Kings Grace, as well within the Franchise and Liberties, as without, and if any doe deliver the Swanne or Signet so seazed, to any person, but only to the Master of the Kings Game, or to his Deputy, to the Kings vse; he is to forfeit sixe shillings eight pence; and the Swannes to be restored vnto the Master of the Game.
- 24. It is ordained, that no person shall take any Gray Swans, or Cignets, or white Swans flying, but that he shall within foure dayes next after, deliver it, or them, to the Master of the Kings Game, and the Taker to haue for his paines eight pence. And if he faile, and bring him not, he forfeits forty shillings to the King.
- 25. It is ordained, that no person, having any Game of his own shall not be Swan-herd for himselfe; nor keeper of any other mans Swannes: upon paine to forfeit to the Kings Maiestie forty shillings.
- 26. It is ordained, that no Swan-herd, fisher, or fowler, shall vex any other Swan-herd, fisher or fowler, by way of action, but only before the Kings Maiesties Justices of Sessions of Swans, vpon paine of forfeiting to the Kings Grace forty shillings.
- 27. The Master of the Kings Game, shal not take away any vnmarked Swan coupled with any other mans Swan, for breaking of the brood: and when they doe Heirie, the one part of the Cignets to the King, and the other to the owner of the marked Swanne.
- 28. Also, any man whatsoever he be, that killeth any Swanne with dogge, or Spaniels, shall forfeit to the King forty shillings, the owner of the Dogge to pay it, whether he be there or no. Also, the Maister of the Swannes, is to have for every White Swanne and Gray vpping, a penny, and for every Cignet two pence.
- 29. It is ordained, that if any Heirie be leyed with one Swan, the Swan and the Cignets shall be seazed for the King, till due proofe be had whose they are, and whose was the Swan, that is away; Be it Cobbe or Pen.
- 30. Lastly, If there be any other misdemeanour, or offence committed or done by the owner of any Game, Swan-herd, or other person whatsoeuer, contrary to any law, ancient custome, or vsage heretofore vsed and allowed, and not before herein particularly mentioned or expressed, you shal present the same offence, that reformation may be had, and the offendors punished, according to the quantitie and qualitie of the seuerall offences.