CHAP, vi S Y L V A 139 



and Hotoman recite out of Ulpian 1. i. f. de arb. 

 caedend. where we have the Praetors interdict express'd, 

 and the impendent wood adjudged to appertain to 

 him whose field or fence was thereby damnified : 

 Nay, the wise Solon prescribed ordinances for the 

 very distances of trees ; as the divine Plato did 

 against stealing of fruit, and violating of plantations : 

 And the interdiction de glande legenda runs thus in 

 Ulpian, ait praetor, glandem^ qua ex illius agro in tuum 

 cadit^ quo minus illi tertio quoque die legere auferre liceat^ 

 vim fieri 'veto. And yet, though by the Praetors per- 

 mission he might come every third day to gather 

 it up without trespass, his neighbour was to share of 

 the mast which so fell into his ground; and this chapter 

 is well supplied by Pliny, 1. 16. c. 5. and Cujas upon 

 the place, interprets glandem to signifie not the acorn 

 of the oak alone, but all sorts of fruit whatsoever, 

 1. 136. f. de verb, signif. L usus ff. de glande leg. as by 

 usage of the Greeks, amongst whom atcpoSpva imports 

 all kind of trees. 



There were also laws concerning boundaries, to be 

 found at large in other learned authors, De re agraria^ 

 of which we give this short extract: Some admitting 

 any sort of trees, others of peculiar kinds, for the 

 fencing of their grounds ; others with foreign trees, 

 that the difference of the wood might serve as a 

 mark : Some by agreement planted them in common 

 upon the very borders ; some at their private charge, 

 a little within the margins of their own fields, &c. 

 Amongst the different sorts of trees, we find pines 

 and cypress-trees plac'd for bounds, in others ash, 

 elm, or poplar ; which being near the limits, with 

 any cultivated ground between, the intermediate 

 spaces were fill'd with shrubs. In case the trees were 



