OF FOREST-TREES.

277

V. Foliar in Conftit. Rey. de Offic. Traft. 11, 92, 93, &c. I dare not chap. vi.suggest the encouragement of a yet farther restraint, that even Proprietorsthemselves should not presume to make havock of some of their own woodsto feed their prodigality, and heap fuel to their vices; but it is worthy ofour observation, that (in that inimitable Oration, the second Philippic)

Cicero does not so sharply reproach his great Antagonist for any other ofhis extravagancies, which yet he there enumerates, as for his wasteful dis-posure of certain wood-lands belonging to the Commonwealth, amongst hisjovial Bravos and lewd Companions; tuaista detrimenta sunt ; (meaninghis debauches) ilia nostra ; speaking of the timber. And, doubtlefs, thespoil and wasting of this necefsary material is no lefs than a public cala-mity. This John Duke of Lancaster knew well enough, when, to re-venge the depredations made upon the English borders, it is said, he setfour-and-twenty thousand axes at work at once, to destroy the woods inScotland ,

But to the laws: It were to be wished that our tender and improvablewoods should not admit of cattle by any means, till they were quite grownout of reach; the statutes which connive at it, in favour of custom, andfor the satisfying of a few clamorous and rude Commoners, are too indul-gent ; since it is very evident, that lefs than a fourteen or fifteen years in-closure is in most places too soon; and our most material trees would beof infinite more worth and improvement, were the standards suffered togrow to timber, and not so frequently cut, at the next felling of the wood,as the general custom is. In the 22d Edw. IV. the liberty arrived but toseven years after a felling of a forest or purlieu; and but three years be-fore, without special licence. This was very narrow; but let us thenlook on England as an over-grown country.

Wood in parks was afterwards to be four years fenced, upon felling;and yearling colts and calves might be put into inclosed woods after two:

By the 13 th Eliz. five years, and no other cattle till fix, if the growthwas under fourteen years ; or until eight, if exceeding that age till the lastfelling. All which statutes being by the act of Hen . VIII. but temporal,this parliament of Elizabeth thought fit to make perpetual.

Then to prevent the destructive razing and converting of woods to pas-ture: No wood of two acres, and above two furlongs from the mansion-

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