200 



enclose \vitli ;i good sufficient fence of stone, wall, ditch, hedge, pale, or rail, one- 

 plantation acre thereof ; and within seven years aforesaid plant at the least of 

 the height of one foot above the ground when planted, and the age and at times 

 before mentioned, for every ten leet square contained in such acre, in such method 

 as they shall think fit, and keep the same enclosed and fenced from cattle for 

 twenty years. No sheep or cattle shall be allowed to graze in these enclosures 

 for twenty years under the penalty of 2()s. for every such sheep, one moiety to the 

 informer, and the other to the poor of the parish. 



Then followed several other Acts, the most important of which is 23 and 24, 

 Geo. III., Chap. 39, being an Act to amend the laws for the encouragement of 

 planting timber trees. 



It is worth while to notice the great encouragement which the legislatures of 

 Scotland and England even in very ancient times held forth to the planting of 

 trees. So far back as the year 1457, by a statute of James II, freeholders are 

 enjoined to cause their tenants to plant woods, trees and hedges. This is followed 

 by the Act of James IV., 1503, chap. 74 ; by the Act of James V., 1535, chap. 10; 

 and by the Act of Charles II., 1661, chap. 41, which are all equally explicit. 



Transcripts of these enactments are made and they are very curious in them- 

 selves, and were passed in time long before systematic forestry was thought of. 



(1) Statute, James II, 14th parliament, 6th March, 1457 : " Anent plantations 

 of woodes and hedges, and sawing of broome ; the lords thinks speedful, that the 

 king charge all his freeholders, baith spiritual and temporal, that, in the making 

 of their Whitsundayis set, they statute and ordine, that all their tennents rjant 

 woodes and trees, and make hedges, and saw broome, after the faculties of their 

 mallinges, in places convenient therefor, under sik paine as law and unlaw of the 

 barronne sail modifie." 



(2) Statute, James IV, 6th parliament, llth March, 1503, chap. 74, that 

 hedges, parkes, and dowcottes and cunningares be made. " Item, it is statute and 

 ordained, anent policie to be halden in the cuntrie, that everilk lord and laird, 

 make them who have parkes with dears, stankes, cunningares, dowcottes, 

 orchardes, hedges ; and plant at the least, ane aicker of woode quhair there is na 

 greate woodes nor forestes." 



(3) Statutes, James V, 4th parliament, 7th June, 1535. 



10. For planting of woodes, forrests, and orchardes. "Item, for policie to be 

 had within the realme, in planting of woodes, making of hedges, orchardes, 

 zairdes, and sawing of broome. It is statute and ordained, be the king's grace and 

 his three Estaites of Parliament, that the actes maid thereupon of before by 

 King James the First, and uthers our Soveraine Lorde's progenitoures, be observed, 

 keiped, and put to sharpe execution in all poyntes, with this addition : That everie 

 man, spiritual and temporal, within this realme, havand ane hundredth pounde 

 land of new extent be zeir, and may expend sameikle, quhair there is na woodes 

 nor foirestes, plant wood and forrest, and make hedges, and having for himself, 

 extending to three aickers of land, and abone or under, as his heritage is mair or 

 less in places maist convenient ; and that they cause everie tennent of their landes, 

 that has the same in tack or assedation, to plant upon their on-set, zeirly, for 

 everie marke land, ane tree. Ilk laird of ane hundreth pound lande under the 

 paine of ten pound, and lesse or mair, after the rate and quantity of their landes." 



Forest tires in those days were of frequent occurrence, and involved, as now, 

 very grave consequences. The Statutes of rnuirburn prescribed a period of the 

 year when the burning of muirs was expressly prohibited under a penalty. 



The first Scots Act for regulating muirburn is that of 1st James I, chap. 20, 

 (Anno. 1424) In the following terms : " It is ordained, that na man mak muir- 



