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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 {{Case-law-stub