The foreft law in England is of Saxon or Danifli origin. 

 The names of the inferior courts are Saxon ; and the 

 fuppofed creation of the foreft, called the New-foreft, by 

 the firft of the Norman kings, is a proof that other forefts 

 of the crown were then of indefinite antiquity. If there- 

 fore the laws of the foreft can be deemed, under all the 

 circumftances which produced them, a fyftem of flavery, 

 they derogate much from the glory of the Saxon inftitu- 

 tions. But cool inveftigation of the ancient hiftory, the 

 ftatutes, and the law-writers, on the fubjeft, will pro- 

 bably induce the unprejudiced enquirer to think, that in 

 the rude times in which their foundations were laid, the 

 laws of the foreft may be deemed part of a political fyftem 

 for the internal quiet and benefit of the country ; mixed 

 indeed with the indulgence of the royal pleafure, but in 

 which the prefervation of the public peace and the growth 

 of wood for the public fervice, were alfo important ob- 

 jets. If he fhould doubt the polky of the eftablimment, 

 he ftill will not find in the eftablifhment itfelf principles 

 fo incompatible with a free conftitution in the general 

 government of the country, as the author of the Obferva- 

 tions on forefl-fcenery t mifled by other writers, feems to 

 have fuppofed. 



The right of property is one of the moft important 

 confequences of fociety , and the law of property muft be 

 founded on the principles on which fociety itfelf may be 

 fuppofed to have been formed. By the law of England, 

 perhaps by the law of every country in the world, and 

 certainly by the law of the ancient Germans, the whole 

 territory which forms the fcite of the ftate is deemed to 

 have been originally the fole property of the ftate itfelf. 

 Of this territory the principal part is confidered as having 

 been parcelled out by the ftate among it's fubjecls to be 

 enjoyed by the grantees, and thofe who according to the 



laws 



