274 



A DISCOURSE 



BOOK III. sublucatores, or pruners : vid. Pan. s. c. Sent. lib. v. Festiis, &c. for 

 '■^'''V"*^ we pass over what concerns Vines and Olive-trees, to be found in Cato de 

 R. R. &c. Nor is it here that I design to enlarge, as those who have 

 philologized on this occasion de sycophantis, and other curious criticisms ; 

 but to pass now on, and confine myself to the prudent sanctions of our 

 own parliaments ; for though, according 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 ; yet, that our discourse may 

 be as ample, and as little defective as we can render it, something, it is 

 fit, should be spoken concerning such laws and ordinances, as have been, 

 from time to time, constituted amongst us for the encouragement and 

 direction of such as do well, and for the animadversion and punishment 

 of those who continue refractory. 



But, before we descend to our municipal, and present laws and consti- 

 tutions, let us inquire what was anciently meant by a forest, waving 

 those (I think) impertinent etymologies, quia foris est, Lumbard gloss, 

 Sec. A forest is properly an harbour for wild beasts, quasi ferarum statio, 

 for which mighty tracts and portions of land have been afforded (as the 

 term is) by the kings and monarchs of this nation, beyond any other in 

 Europe, and guarded with such strict, rigorous, and severe laws, as did 

 not extend to the prohibition of killing and destruction of deer and venison 

 alone, but even to that of killing little silly birds ; and that not only to 

 the forfeiture and loss of goods, but of limb and life. Such, among 

 others, was that of Richard I. upon incurring the loss of the offender's 

 eyes, testicles, &c. to the insufferable hinderance of great improvements, 

 whilst there might have been not only enough for royal diversion, but for 

 the increase of timber and people, which are the true glory and safety of 

 this nation. In the mean time, it is remarkable that William Rufus, 

 (successor to the great conqueror,) chasing a stag under a spreading Oak, 

 was, by the glance of an arrow levelled at the beast, deprived of his life. 

 The historian recounts as God's visiting the sin of the father upon the 

 children, for his demolishing so many churches and villages, and turning 

 them into receptacles and dens of wild beasts ; there having, besides this 

 prince, been two more who met with their death in New-Forest. There 

 were in Yorkshire alone, in the time of Henry VIII. two hundi'ed 

 and seventy-five woods, (besides parks and chases,) most of them con- 

 taining five hundred acres : see Mr. Camden's Britannia. As to what 

 we call woodland, I know not how to distinguish forest from w^oods. 



