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Show A Difcourfe of Foreft-Trees. Chap.XXXIIT. Jeud Companions; ta ifta detrimenta funt ( meaning his Debau: ches) illa noftra, {peaking of the Timber. ’ 7, Buttothe Laws: it were to be wifh'd that our tender , and improvable Woods, fhould not admit of Cattle, by any means, rill they were quite grown out of reach; the Statutes which connive at it, in favour of Cxffom, and forthe fatisfying of a few clamorous and rude Commoners, being too indulgent 3 fince it is very evident, that lefs then a 14. ort 5. years enclofureis, in moft places, too foon; and our moft ~aterial Trees would be of infinite more worth and improvement , were the Standards fuffer'd to grow to Timber , and notfofrequently cut, at the next felling of the Wood, as the general cuftomis, In22£dm, 4. the liberty arrivd but to feven years after a felling of a Foreft or Purliens and but three years before, without {pecial ficexfe : This was very narrow; but let us then look on England as an over-grown Country. 8, Wood in Parks was afterwards to be four years Fenced, upon felling : and yearling Colts, and Calves might be put into inelofed Woods aftertwo : By the 13 E/iz. five years, and no other Cattle till fix, if the growth was under fourtee# yearss or until eight , if exceeding that age till the laft felling : All which Statutes being by the.4é of Hev. 8. but temporal, this Parliament of Eliz. thought fit to make perpetual. 3 g- Then, to prevent the deftructive razing, and converting of Woods to Pafture : No wood of two Acres, and above two furlongs from the 4/anfion Houle, fhould be indulg’d : And the probébitions are good againft Afarts made in forefts, Ge, without licenfe : The Pealties are indeed great; but how feldome infliGed> and what is novv more eafie, than Compounding for fuch a licenfe ? Infome parts of Germany, vvheréa fingle Tree is obferv'd to be extraordinary fertile, a.conftant, and plenuful Maft-bearer ; there are Laws to prohibite their fel/ixg without fpecial leave + And it was well Exaéted amongft us, that even the Owners of woods within Chaj/és, fhould not cut down the Timber without view of of- ficers 5 this 4being in affirmance of the Common Law » and not to be violated without Prefcription : See the Cafe cited by my Lord Cook in his Comment on Littleton. Tenure Burgage. L. 2, Se, 170, Orif not within Cha/es, yet where a Common-perfon had liberty of Chafe, &c. and this would be of much benefit » had the Regars ders performd their duty, as ‘tis at large defcribed inthe Writ of the 12 Articles; and that the Surcharge of the Forefts had been honeftly infpe@ed with the due Perambulations and ancient fetes : Thus fhould the Fuffices of Eire difpofe of no Woods without ex- prefle Commiffion, and in convenient places : Afinuti blaterones quercuum, culi, © curbi, as our Law terms wind.-falls, dotterels ferags,@c, and no others, 10, Care is likewife by our Laws to be taken that no unnecett fary Imbexelment be made by pretences of Repair of Paling Lodges, Bronfe for Deer, Se, Wind-falls, Root falls; dead, and Sear-trees, all Chap. XXXII. A Difcourfe of Foreft-Trees, all whichis fubject to the Infpedtion of the VVarders, Fuftices vc, and even trefpafles done de Viridi on boughs of Trees, Thickets , andthe like; which (ashas been fhew'd ) are very great impediments to their growth and profperity, and thould be duly look- ed after, and punifh’d; and the great neglect of SwainmoteCourts reformed, &c, See Confuet. & Affif, Foreft, Pannagium, ox Paftura pecorum & de Glandibus, Fleta, @c. Manwoods Foreft:lawes : Cook pla. fol. 366. li. 8. fol, 138, 11, Finally, that the exorbitance, and increafe of devouring Iron- mills were looked into, as to their diftance, and number neer the Seas, or Navigable Rivers ; And what if fome of them were even remoud into another world? ‘twere better to purchafe all our Iroz out of America, than thusto exhauft our woods at home, although ( I doubt not) they might be fo order’d, as to be ra. ther a means of conferving them. There wasa Statute made by Queen Eliz, to prohibite the converting of Timber trees to Coal, or other Fel for the ufe of Tronomills ; if the Tree were of one foot fquare, and growing within fourteen Miles of the Sea, or the greater Rivers, Gc, ‘tis pity fome of thofe placesin Kent, Suffex, and Surrey were excepted in the Provifo, for the reafon exprefi'd ina Statute made 23 Eliz,by which even the imploying of any xxder-weod, as well as great Trees , was prohibited within 22 miles of London, and manyother Navigable Rivers, Creeks, and otherlefler diftances from fome parts of S#fex-Downs, Cinque-Ports, Havens, ee. Thereare feveral Acres of wood-land of no mean circuit near Rochefter , inthe Countyof Kent, extending asfar as Bexley, and indeed, for many miles about Shoters-Hill , near the River of Thames , which, were his Majefly owner of, might in few years, be of anux-valuable Improvement and benefit, confidering how apt they are to grow Foref , and how opportune theylye for the ue of his Royal Navy at Chatham, 12. But yet to prove what it isto manage VVoods difcreetly ; Iread of one Mr. Chriftopher Darell a Surrey Gentleman of Nudi« Sate, that had a particular Izdu/gence for the cutting of Ais Woods at pleafure , though a great Iron:Afafter ; becaufe he fo order'd his VVorks, that they were a meansofpreferving even his VVo0ds; notwith{tanding thofe unfatiable devourers This may appear a Paradox, but is to be made out; andI have heard my own Father (whofe Effate was none of the leaft wooded in England ) affirm, that a Forge, and fome other AZills, to which he furnith'd much fwel, werea means of maintaining, and improving his woods; I fuppofe, byincreafing the Indufiry of Planting, and cares as what he has nowleft ftanding of his own Planting, enclofing, and cherifhing, in the poffeffion of my moft honoured Brother, George Evelin ot VVotton in the fame County, does fufliciently evince; a moft laudable Afonument ofhis Indufiry , and rare Example, for without fuch an Example, and fuch an Application, lamno Advocate for Zrom-works, but adeclared denouncer : But Nature has thought fit 209 |