5. Whether none had ever moved any thing concerning a republick to me?

I told him, I knew none so indiscreet.

6. What children I had?

I told him, Four sons and four daughters.

What age my sons were?

I told him, Two were at man's estate, two little children.

7. Where I went to church to hear divine service, common. prayer?

I told him, No where; for I never stirred out of my own house. Whether I had it not read there?

I answered ingenuously, No.

How I then did for my soul's comfort?

To which I answered, sir, I hope you will leave that for me to account between God and my own soul.

He then told me, I had cut him off of many questions he should have asked me, by my answer to these, and I might return.

So I was sent back again to the Tower, with two of the warders which brought me thither to guard me.

Not long after, at the same time, when Mr. Waters, who was brought prisoner to the Tower out of Yorkshire, was sent for to Whitehall, I was also in very great haste carried thither; but with a stronger guard, and greater formality and strictness, than before; for now I had not only the Deputy-lieutenant, and my own keeper, but a guard of musketiers by water with me; and, when I came to land at Whitehall-stairs, there was ready an officer, one Mr. Andrews, to receive me, who, with a file or two of musketiers, carried me to Sir Henry Bennet's lodgings, and there I observed a great deal of care to place the guard at the outward door in the court, that none might peep in, except some few gentlemen, who were admitted to stare me in the face, none being in the room, except Mr. Andrews and myself, for a long time, till at last my keeper thrust in. In which room I thus stayed two hours, concluding that I should now be confronted by some accuser, or at least have an examination more tending to treasonable practices than my first seemed to do, especially understanding that Mr. Waters had been some hours before in the house, and was yet there; but, at last, out comes Mr. Secretary Bennet, who calling me a little aside to the window, from Mr. Andrews and my keeper, says, 'Mr. Hutchinson, you have now been some days prisoner, have you recollected yourself any thing more that you have to 6 say, than when I last spoke to you?'

To whom I answered, That I had nothing to recollect, nor more to say.

Are you sure of it? said he.

I replied, Very sure.

Then, said he, you must return to prison.

And accordingly I was carried by the same guard back again to the Tower, where I have ever since been kept close prisoner, with all imaginable strictness, to the ruin of my health and all my affairs. After Michaelmas term had thus past, in the beginning of Can

dlemas term, I sent my wife to Sir Henry Bennet, to acquaint him what infinite prejudice this close imprisonment was to me, by reason of a mortgage upon my estate, and the advantage that my tenants and all other people made of my close restraint, which hindered me from speaking to my lawyers and others, that it nearly concerned me, to treat with, about my affairs; but the secretary told her, that I was a very unhappy person, in regard of my former crimes. To which she answered, she esteemed me very happy, in that I was comprised in the act of oblivion; but he, with a doubled reflexion on my former crimes, notwithstanding she had put him in mind of the act of oblivion, said, He should not move the king to allow me any more liberty, unless he could be secured, it might be more safe for his majesty, than he could apprehend it. After such a real necessity, as she made it appear to him, there was of suffering persons to come to me, to treat of the concernments of my estate, it booted her not, to urge the danger of my health, and all other inconveniences which I suffered by being forced to make provision for my dispersed family in three places, the intolerable charge of it, and the impossibility of procuring supplies, while I was kept thus. All this was neglected, and wrought no other effect, but to turn the undeserved oppressions, I groan under, into as unjust a reproach upon me.

I had not written this narrative, but that I understand, now, after twenty-two weeks close imprisonment in the Tower, instead of being brought to a legal trial or set at liberty, I am to be removed from hence to another prison; and though the form and date of the warrant of my commitment close prisoner to the Tower of London, compared with the day of my first being brought to town, together with the times and manner of my examinations by Mr. Secretary Bennet, did clearly let me see, how it was resolved I should be disposed of, before it could possibly be known whether I should appear guilty or innocent, if any accusation was given in against me, not having at that time, nor till some days after I had been close prisoner in the Tower, ever been examined by any man; yet it being still more manifest, by assigning me to a prison, in a place so remote from my family and affairs, and so dangerous to my infirm constitution, to say nothing of the intolerable charge, as that is, to which I hear I must go; and indeed, neither this where yet I am, whilst I am close kept up, nor scarce any other isle or castle, that I know of, will be much less mischievous to me in those respects. I hold it a duty I owe to my own innocence, to publish this narrative, whether I be sent away, or stay in this prison, it being equally destructive to my life and family; leaving my blood, if thus spilt, and the ruin of my family, thus occasioned, to cry to heaven for that justice, which I am not thought worthy of here. And whilst I am yet suffered to breathe, having no other refuge on earth, putting up my petitions to the great judge of heaven and earth, as one not without hope in God, in the words of the prophet David, Psal. xliii. Judge me, O God, and plead my cause, &c. · John Hutchinson.

From the Tower of London, April 6, at Night, 1664.

THE

ORDERS, LAWS, and ANCIENT CUSTOMS of SWANS,

By JOHN WITHERINGS, Esquire,

Master and Governor of the Royal Game of Swans and Cygnets throughout England.

London, Printed in 1664. Quarto, containing six Pages.

To the Worshipful John Witherings, Esquire, Chief Master and Governor of the Royal Game of Swans and Cygnets throughout the

SIR,

Kingdom of England.

YOUR Deputy, Master Loggins, hearing that I had some ancient notes of the ⚫ customs and orders concerning Swans, desired me, that you might have a sight of them; which I have sent you, together with certain precedents, or forms of commissions for keeping Swan-herds courts, and copies of ancient patents, which I received of a very honest gentleman, Master Edward Clerke, of Lincoln's-Inn, Esquire, Father to Sir Edward Clerke, one of the masters of the Chancery. These he delivered me, about eighteen years since; at which time Sir Lawrence Tanfeeld, late Lord Chief Baron, and myself had a deputation, from Sir William Andrews, of that walk, which Master Loggins now hath from you. Master Clerke was before me; but, as I remember, he told me he had his deputation from my Lord of Buckhurst, and not from Sir James Mervin. Howsoever, the titles are truly by me transcribed, as I received them written with his own hand. There are orders also printed, and yet somewhat differing from these; which orders were made at one particular court, long ago: And, at a court holden at Burford, in the County of Oxon, about fifteen years since, by the said Sir Lawrence Tanfeeld and others, some new orders were made, which, Sir Lawrence Tanfeeld said, were warrantable by the commission, and lawful to be made, where and when they were fit and necessary for the preservation of Swans; yet so, that those particular orders may be altered, upon occasion; but the ancient customs, contained under the name of orders, may not. There hath been so little care taken, for preserving and publishing these ancient customs, that they are not of all gamesters known; and your deputies commonly send their servants among us, who, as they are more or less covetous, so do they impose more or less upon us; and, when we, that are the ancient gamesters, oppose them, we have some contention. You shall, therefore, Sir, do well, if, comparing these with your other notes, you find them to serve generally for England, as well as for our River of Thames, that you give to all your deputies, and to all commissioners, copies, that so all gamesters may know the certain customs, which are to be kept: And so I bid you heartily farewell.

From Alborne in Wiltshire,

this 26th of January, 1631.

Your loving Friend,

John D'oyly.

The Laws, Orders, and Customs of Swans, taken out of a Book, which the Lord of Buckhurst delivered to Edward Clerke, of Lincoln's-Inn, Esq; to peruse, Ann. Elis. 26. On the backside of which Book, it was thus intitled: Taken out of an ancient Book, remaining with Master Hambden, sometime Master of the Swans.

F

IRST,

If any person doth possess any game of swans, that may not dispend five marks a year of freehold (except the son of the king) the swans of every such person are forfeited to the king, 22 Edward IV.

2. If any person possess any game of swans, and hath not paid his fine for the same, his game of swans is to be seized for the king, till his fine be paid; which fine is six shillings and eight pence; and no man is to pay it more than once, during his life.

3. But, if any person, having no mark allowed him, have one or more swans given him, or have any land-bird sign-marked, he may keep them in the common river till the next upping-time with'out fine, paying the commons and other charges for the Upping.

4. If any person, having swans, either within franchises, or without, be attainted, his swans are forfeited to the king only, and not to any other persons whatsoever.

5. Also all swans, that are clear of bill, without mark or signmark, are the king's only, whether they be pinioned, or flying

swans.

6. Also all stray swans, which no man can challenge by his mark, those are the king's only; and they are to be seized for the king, and marked on the leg, but are not to be carried away the first year.

7. In all common streams, and private waters, when cygnets are taken up, the owner of the cob must chuse the first cygnet, and the pen the next, and so in order; but, if there be three, then the owner of the grass, where they breed, must have the third for the spoil of his grass, and pay to the king twelve pence for the same land-bird, saving in such places, where, of ancient custom, they pay less or more.

8, If an airy be led with one swan only, the half of those cygnets shall be seized for the king, till proof be made, whose the swan was, that is away; but are not to be carried away that year.

9. The master of the game, or his deputy, shall yearly come, at the usual days of marking swans in that stream, on pain of losing his fees during his absence; and he shall keep a roll, or standardbook, containing all the usual marks of that stream. He shall also keep a register-book of the number of every man's swans, and the place where they are upped; and shall likewise bring the book of the last year; for which every gamester is to give him, yearly, four pence.

10. Also the master of the game, or his deputy, is to have a penny for upping every white swan, and two pence for every cygnet; and shall have his dinner and supper, and hay or grass for his horse, discharged by the gamesters every upping-day, except in such streams, where, by ancient custom, other composition is used.

11. If any man desire the master of the game to enter any note in his book, other than the notes due to be written, as aforesaid, or to take any note out of his book under his hand, he is to pay four pence.

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 his 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 adjudge 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 shillings: But, if, by sickness, or other occasion, he be absent at the usual upping-days, the company may go on, so that some 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 declared 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 he 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