The Story of our English Woodla7ids. 43 



exportation of wood without licence was an offence punishable 

 with imprisonment, forfeiture, etc. 



Popular jurisdiction was evidently still associated with the 

 subject, for the seignorial monopoly over "woods and chases" 

 was not absolute. Even the owner was, for instance, not 

 allowed to cut down timber without the cognisance and per- 

 mission of the swainmote.^ If the regarders did their duty, 

 " the surcharge " of the forest had to be carefully inspected, 

 with the due " perambulations" and ancient " metes " ; and the 

 Justices in Eyre of the forest might not, without express com- 

 mission from the swainmote, dispose of any timber. 



In order to prevent embezzlements under the subterfuge of 

 cutting down timber for repairs of palings and lodges, browse 

 for deer, etc., all windfalls, rootfalls, dead and sere trees were 

 subject to the inspection of the warders, justices, and itinerants, 

 who could even hale before the courts any individual found 

 damaging the boughs of trees and thickets. The penalties 

 against " assarts " within a forest and without a licence were 

 heavy, but seldom inflicted, and the powers of the swainmote 

 were in many other cases either evaded by the offenders or 

 not enforced by its members. 



The supply of timber kept on lessening, notwithstanding all 

 precautions, and Harrison, writing of Elizabethan times, says : 

 " This scarcetie grew, it is thought, either by the industrie 

 of man for mayntayning of tillage, or else through the covet- 

 ousness of such as in preferring of pasture for their sheepe and 

 greater cattel, do make small account of firebote and timber, 

 or finally by crueltie of the enemies." It increased to alarming 

 proportions during the civil wars, and induced Charles II. to 

 search out some man of learning and position to arouse the 

 people to the danger of the situation. 



But here we must break off the thread of our narrative 

 in order to examine the Law of Tithes specially relating to 

 woodland. We find that timber trees were exempt from 

 tithes, if felled after the age of twenty years, but that willows, 

 sallows, and all " silva caedua " (/.e., coppices and underwoods) 

 paid the tenth whenever the proprietor received his nine 

 ' Co/ce on Littleton, Ten. Burgage, 1. 2, sect. 170. 



