CHAP, vi S YL V A 141 



Et te pater 



Sifoane y tutor finium. Hor. 



In the mean time, no trees whatsoever might be 

 planted near publick aquaducts, lest the roots should 

 insinuate into, and displace the stones : Nor on the 

 very margent of navigable rivers, lest the boats and 

 other vessels passing to and fro, should be hindred, 

 and therefore such impediments were call'd retae, 

 quia na^es retinent^ says the Gloss ; and because the 

 falling of the leaves corrupted the water. So nor 

 within such a distance of high-ways (which also our 

 own laws prohibit) that they might dry the better, 

 and less cumber the traveller. Trees that obstructed 

 the foundation of houses were to be fell'd ; Barthol. 

 1. i. doct. c. de interdict. Ulp. in I. prior e ff. de arbor urn 

 caedend. Trees spreading their roots in neighbour- 

 ground, to be in common ; see Cujas and Paulus in 

 L. Arb.jf. de communi dividend ^ where more of the 

 alienation of trees fell'd, and not standing but with 

 the funds, as also of the usu-fruit of trees, and the 

 difference 'twixt arboresgrandes, and cremiales or caeduae^ 

 of all which Ulpian, Baldus, Alciat, with the laws to 

 govern the conlucatores and sublucatores^ and pruners ; 

 vide Pan. s. c. Sent. 1. 5. Festus, Gfc. for we pass over 

 what concerns vines and olive-trees, to be found in 

 Cato de R. R. &c. Nor is it here that we design to 

 enlarge, as those who have philologiz'd on this occa- 

 sion de sycophantis^ and other curious criticisms ; but 

 to pass now on, and confine my self to the prudent 

 sanctions of our own Parliaments: For though accord- 

 ing to the old and best spirit of true English, we 

 ought to be more powerfully led by Royal example, 

 than to have need of more cogent and violent laws ; 



