A prescription to have all wild swans, which are ferae naturae and not marked, building their nests, breeding, and frequenting within a particular creek, is not good.
All white swans not marked, having gained their natural liberty, and swimming in an open and common river, may be seised to the King’s use by his prerogative.
A swan is a Royal fowl, and whales and sturgeons are Royal fish.
Every one who hath swans within his private waters hath a property in them.
A man may prescribe to have a game of swans within his manor, and may prescribe that his mans may swim within the manor of another.
A swan may be an estray.
Cygnets belong equally to the owner of the cock and the owner of the hen, and shall be divided betwixt them.
Citations:
[1572] EngR 403, (1572-1616) 7 Co Rep 15, (1572) 77 ER 435
Links:
Jurisdiction:
England and Wales
Animals, Constitutional
Updated: 02 May 2022; Ref: scu.432369
