OF FOREST-TKEES. 147

their private Charge, a little within the Margents of their own Fields,C hap. VI.Vf. Amongst the different Sorts of Trees, we find Tines and Cy-press-trees placed for Bounds , in others, sljh, Elm, or Topiary whichbeing near the Limits,, with any cultivated Ground between, the in-termediate Spaces were filled with Shrubs. In cafe the Trees were incommon, some preserved them untouch’d on both Sides ; others, theStems only, Lop, Tops, and Branches (especially if they belonged toa particular Person) to cut or spare at their Pleasure, provided theyplanted others in their room. In Trees marked, it must be consideredwhether 1 they are in tommon, which ought to be marked in the Middle,or on each dH ; and if one Side of the Tree have Leayes j the othershould be cut, to dignify their belonging to those Persons, on the Bor-der of whose Grounds they are , left. entire ; To this for Trees eightFoot asunder : Those at twenty foot Distance were marked with X,or p, to notify a Flexure or Turning therc-about : Some permit themto stand till they arrive to such a. Bulk and Stature, as to over-top thetest, distinguished also from those marked on both Sides, whether theystand, in Woods , barren or uncultivated Land as being supposed iiicommon .The fame Rule holds if marked in the Middle. If but oneSide be marked , the unmarked Side is the Boundary : If the Markbe different on either Side (and nbne else to be . seen) such Trees areriot to.be accounted Boundaries. If, as sometimes, Briars and suchShrubs grow on she antient Limits , it must be considered of whatKind they are, and should be enquired how it happens that they areoften found in thd Middle of the Fields. Lastly, in champaign andopen Places, foreign Trees were usually planted. There are more ofthose nice Rules to be found among the Lawyers, whilst before anyof these Instances, the Images of Satyrs bounded the Confines, andwere counted as Termini, which none might remove, without beingaccounted as Sacrilegious, and the Person punished with Death. These,and the Herma , were. reputed T rot elfors of such Boundaries.

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Silvane * tutor finium. Hor*

In the mean Time, no Trees whatsoever might be planted near pub-lic k AquadnEfs , lest the Roots should insinuate into, and displace theStones : Nor-on the very Margent of navigable Rivers , lest the Boatsand other Vessels, pasting too and fro, should be hinder’d; and thereforesoch Impediments were called Ret a, quia Naves retinent, fays theGloss •, and because the falling of the Leaves corrupted the Water.

So' rior within such a Distance os High-ways (which also our own Lawsprohibit) that they might dry the better, arid less chmbet the Travel-ler. Trees that obstructed the Foundation of Houses Were to be fel-led ; Barthol. Lib. i. Do El. c. de InterdiEl. Dip. in L. priore ff. deArborum cœdend. Trees spreading their Roots in Neighbour-ground,to be in common ; see Cujas and T au his in L. Arb. ff. de Cothmunidividend, where more of the Alienation of Trees fell’d, and not stand-ing but with the Funds, as also of the Dfiu-firuit of Trees, and theDifference ’twixt Arbores Grandes , and Cremiales or Cedua of allwhich Dlpian , Baldus, Alciat, with the Laws to govern the Conlu-catores and Sublucatores, and Trimers ; vid. Tan.fi. c. Sent. Lib. v.

Fefius , (fso. f or we pass over what concerns Vines and Olive-trees, tobe found in Cato de R. R. &c. Nor is it here that we design to en-

R r r large.