In early 1811, members of the local community noticed that the swans that populated the Serpentine, a 40-acre lake in Hyde Park, London, were missing.
A search of the area commenced, and soon the bodies of the swans were discovered on the banks of the Serpentine. The Bow Street Runners investigated the scene and, in a short time, apprehended Joseph Moses, ‘An Israelite’. Moses was hauled before the magistrates, who committed him for trial.
Moses’ trial took place on 5 April 1811, at the Middlesex Sessions House at Clerkenwell Green, where he was charged ‘with having received into his possession six swans’ skins, knowing them to have been stolen.’
Since the 12th Century, the Crown has held the right to ownership of all mute swans swimming in open water in England. At the time of Joseph Moses’ trial, the reigning monarch was George III.
The first witness called by the prosecution was William Baker, a park keeper. He testified that there were four swans on the Serpentine, two of which disappeared towards the end of January 1811. Baker added that he had found the carcasses of the remaining four lying on the banks of the Serpentine, their skins having been removed. A few days later, a Bow Street Runner officer brought six swan skins to Baker. By placing the skins on the dead swans, they proved they came from those slain birds.
Two other witnesses, a Bow Street Runner named Lack and a second man, whose name was recorded simply as ‘Devine’, attested that they had discovered the skins hanging up in Joseph Moses’ shop in Welbeck Street.
Mary Brush, who had until recently been employed by Moses, deposed that the accused had returned home on 25 February with a bundle. She observed Moses open the package in the parlour and take out two Swans’ skins. The next day, Moses received a visitor, who left four more swan skins.
Another witness claimed that he had observed Moses buy a further two skins at Ledenhall Market, paying two pounds for them. According to the Newgate Calendar, his evidence was not considered credible.
Moses’ counsel, Mr.Alley, introduced several witnesses of the ‘Hebrew persuasion and others’ to vouch for the accused’s good character.
The chairman of the magistrates summed up the evidence, and the jury was sent out to consider their verdict. They returned a short time later with a guilty verdict.
As soon as the verdict was announced, Defence Counsel Alley lodged an objection to the indictment, stating: ‘contending that, swans being what in law is termed ferae naturae, the stealing of them did not amount to a larceny; and, as there was no thief, there could not therefore be any receiving.’ Ferae naturae translates as ‘of a wild nature’ and relates to undomesticated animals unowned by anyone.
The prosecuting counsel disagreed with Alley’s objection, and the magistrates overruled the objection. Joseph Moses was fined and imprisoned; both the sum and term were unrecorded.
© Mark Young 2026
Sources
https://www.mylondon.news/news/zone-1-news/why-queen-owns-swans-england-17733992
Hellish Fiends, and Brutish Men 
Leave a comment