The Case of Swans (1592) Trinity Term, 34
Elizabeth I
Elizabeth I (7 September 153324 March 1603) was List of English monarchs, Queen of England and List of Irish monarchs, Ireland from 17 November 1558 until her death in 1603. Elizabeth was the last of the five House of Tudor monarchs and is ...
, is a landmark decision in
English property law
English property law refers to the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses fou ...
.
Facts
Dame Joan Young Joan may refer to:
People and fictional characters
*Joan (given name), including a list of women, men and fictional characters
*:Joan of Arc, a French military heroine
*Joan (surname)
Weather events
*Tropical Storm Joan (disambiguation), multiple ...
(née Joan Wadham, sister and a co-heiress of her brother
Nicholas Wadham Nicholas Wadham may refer to:
* Nicholas Wadham (1531–1609)
* Nicholas Wadham (1472–1542)
{{hndis, Wadham, Nicholas ...
) and Thomas Saunger received a
writ
In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ...
from the
Exchequer
In the civil service of the United Kingdom, His Majesty’s Exchequer, or just the Exchequer, is the accounting process of central government and the government's '' current account'' (i.e., money held from taxation and other government revenu ...
, directing the
Sheriff of Dorset to round up 400 loose
swans from the rivers of the county. Swans were Royal fowl, however, and a wild swan was considered the property of the monarch.
The right to these swans in
Dorset
Dorset ( ; archaically: Dorsetshire , ) is a county in South West England on the English Channel coast. The ceremonial county comprises the unitary authority areas of Bournemouth, Christchurch and Poole and Dorset. Covering an area of , ...
had since
time immemorial
Time immemorial ( la, Ab immemorabili) is a phrase meaning time extending beyond the reach of memory, record, or tradition, indefinitely ancient, "ancient beyond memory or record". The phrase is used in legally significant contexts as well as ...
been held by the local abbot, who lost the right along with the
abbey
An abbey is a type of monastery used by members of a religious order under the governance of an abbot or abbess. Abbeys provide a complex of buildings and land for religious activities, work, and housing of Christian monks and nuns.
The con ...
to
Henry VIII at the
dissolution of the Monasteries. Henry then granted the estate to
Giles Strangways
Giles Strangways (3 June 1615 – 20 July 1675) of Melbury House in Somerset, was an English politician who sat in the House of Commons variously between 1640 and 1675. He fought on the Royalist side during the Civil War
Origins
He was the ...
, Dame Joan's deceased first husband, whose heir gave them a right to the swans for one year. The new queen, Elizabeth I, now sought possession of the swans.
Judgment
The question was whether the swans were Strangways's to grant or remained the queen's. Sir
Edward Coke, as
solicitor general, represented the queen.
The Court held that the swans that are ''
ferae naturae'', or wild animals, cannot be given by transfer or taken by prescription.
Sir Edward Coke, ''The Selected Writings and Speeches of Sir Edward Coke'', ed. Steve Sheppard
(Indianapolis: Liberty Fund, 2003). Vol. 1. 3/31/2017.
See also
*English property law
English property law refers to the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses fou ...
Notes
English property case law
1592 in law
1592 in England
1592 in English law
Edward Coke cases
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