A HISTORY OF HAMPSHIRE 



incorrigible Rogues.' And in those days a rogue of the second degree 

 could be put to death as a felon if he were above eighteen years of age. 



The next measure of forest legislation was one specially affecting 

 Hampshire, as it was An Act for the Increase and Preservation of Timber 

 in the New Forest in the County of Southampton ', passed in 1698 (9 & 10 

 Wm. III. cap. xxxvi.), authorizing the immediate enclosure of 2,000 

 acres, 1 and of other 200 acres annually for twenty years, making 6,000 

 acres in all. Thereafter, as the young woods should outgrow danger from 

 browsing of deer, etc., the enclosures were to be removed and fresh land 

 enclosed, 'to remain in Possession of the Crown for ever, as a Nursery 

 for Wood only,' thus contemplating ultimately bringing up the total 

 to twice 6,000 acres, or 1 2,000 acres in all. The pollarding of trees, and 

 lopping and topping to provide browse-wood, were prohibited. Char- 

 coal was not to be made within 1,000 paces of any enclosure, but right 

 of common of pasture, etc., was preserved in the forest, and the Act was 

 not to alter the forest laws. A general Act was also passed (anno 3 & 4, 

 Wm. & Mary, cap. x.) 'for the more effectual Discovery and Punish- 

 ment of Deer-stealers' in forests and parks. 



Two Acts in Queen Anne's reign were passed relative to game, but 

 the next enactment referring to woods generally was An Act to encourage 

 the Planting of 'Timber-Trees, Fruit-Trees, and other Trees, for Ornament, 

 Shelter, or Profit ; and for the better Preservation of the same ; and for the Pre- 

 venting the Burning of Woods (i Geo. I. stat. 2, cap. xlviii. 1715), holding 

 parishes liable to owners for malicious damage to timber-trees and direct- 

 ing how offenders should be dealt with and punished. This Act was ex- 

 plained and amended in 1719 (6 Geo. I. cap. xvi.). Without repealing 

 any former law against deer-stealers, he also passed An Act for the further 

 Punishment of such persons as shall unlawfully kill or destroy Deer in Parks, 

 Paddocks, or other inclosed Grounds by transportation to the American 

 colonies for seven years (5 Geo. I. cap. xxviii.), the procedure being 

 slightly amended in 1721 (anno 8, cap. xix.). Offences against game 

 and timber appear to have been very frequent about this time, judging 

 from the legislation, and apparently even the royal forest-officers were 

 often poachers and deer-stealers. Thus, in 1718 (anno 5, cap. xv.), forest- 

 officers illegally killing deer or confederating with deer-stealers were to 

 be fined 50, or in default thereof to be imprisoned for three years and set in 

 the pillory, while by An Act for the more effectual punishing wicked and 

 evil disposed Persons going armed in disguise, etc., persons appearing armed 

 'and having his or their faces blacked, or being otherwise disguised,' in 

 any forest, park or enclosed ground, or maliciously destroying trees, 'being 

 thereof lawfully convicted, shall be adjudged guilty of Felony, and shall 

 suffer Death as in Cases of Felony, without Benefit of Clergy' (anno 9, 

 cap. xxii. 1722). The 'hunting, taking in toils, killing, wounding, or 

 taking away any Red or Fallow Deer in any open or unenclosed Forest 



1 Ruffhead and Pickering, in their collections of The Statutes at Large, both inadvertently give the 

 area to be enclosed as 200 acres, although the Act distinctly fixes it at Two Thousand ; but it is cor- 

 rectly given in Raithby's issue. 



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