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•274

A DISCOURSE

book in. Sublucatores, or Pruners: Vid. Pan. s. c. Sent. lib. v. Festus, &c. for

• we pafs over what concerns Vines and. Olive-trees, to be found in Cato deR. R. &c. Nor is it here that I design to enlarge, as those who havephilologized on this occasion de Sycophantis , and other curious criticisms;but to pafs now on, and confine myself to the prudent sanctions of our

* own PaTliaments ; for though, according to-the old and best spirit of trueEnglish , we ought to be more powerfully led by royal example, than tohave need of more cogent and violent laws; yet, that our Discourse maybe as ample, and as little defective as we can render it, something-, it is

; fit, should be spoken concerning such laws and ordinances as have been■ from time to time constituted amongst us for the encouragement and di-rection of such as do icell, and for the animadversion and punishment ofthose who continue refractory.

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But, before we descend to our municipal, and present laws and consti-tutions, let us inquire what was antiently meant by a Forest, wavingthose (I think) impertinent etymologies, quia foris est, Lumbard Glofs,&c. A Forest is properly an harbour for wild beasts, quasi ferarum statio ,for which mighty tracts and portions of land have been afforded (as theterm is) by the Kings and Monarchs of this nation, beyond any other inEurope , and guarded with such strict, rigorous, and severe laws, as did- not extend to the prohibition of killing and destruction of deer and venisonalone, but even to that of killing little silly birds ; and that not only tothe forfeiture and lofs of goods, but of limb and life. Such, amongothers, was that of Richard I. upon incurring the lofs of the offender’sv eyes, testicles, &c. to the insufferable hinderance of great improvements,whilst there might have been not only enough for royal diversion, but forthe increase of timber and people, which are the true glory and safety ofthis nation. In the mean time, it is remarkable that William Rufus ,(succefsor to the great Conqueror) chasing a stag .under a spreading- Oak,was, by the glance of an arrow levelled at the beast, deprived of his life.The Historian recounts it as God ’s .visiting the sin of the father upon thechildren, for his demolishing so many churches and villages, and turning. them into receptacles and dens of wild beasts ; their having, besides thisPrince, been two more who met with their death in New-Forest. Therewere in Yorkshire alone, in the time of Henry VIII . two hundred se-venty and five woods, (besides parks and chases) most of them con-taining five hundred acres : See Mr. Camden’s Britannia. As to what; we, call Wood-lahd, I know not how to distinguish forest from -Woods,