276 A DISCOURSE 



BOOK III. cut down and carry away fine straight trees toset up before some alehouse, 

 ^"^"^'^^^ or revelling-place, where they keep their drunken bacchanalia : for 

 though this custom was introduced by the emperor Anastasius, to abolish 

 the gentile Majuma of the Romans at Ostia, which was to transfer a great 

 . Oaken-tree out of some forest into the town, and erect it before their 

 mistresses' door ; yet I think it were better to be quite abolished amongst 

 us, for many reasons, besides that of occasioning so much waste and spoil 

 as we find is done to trees at that season, under this wanton pretence, by 

 breaking, mangling, and tearing down of branches, and entire arms of 

 trees, to adorn their wooden idol. The imperial law against such dis- 

 orders we have in L. ob. id. si. ad legem Aquil. & in ff: 1. xlvii. tit. vii. 

 arborum furtim cagsarum. See also Triphon. L. ig. de Bon. off. cont. 

 , tab. vel in ligna focaria. L. Ligni ff. de Lege 3, &c. 



To these I might add the laws of our king Ina, of which the title is. 

 Be Jjufu bapjiete. Of burning trees. The sanction runs thus : 



" If any one set fire of a felled wood, he shall be punished, and besides 

 pay three pounds ; and for those who clandestinely cut wood, (of which 

 the very sound of the axe shall be sufficient conviction,) for every tree 

 he shall be mulcted thirty shillings. A tree so felled, under whose 

 shadow thirty hogs can stand, the offender shall be mulcted three 

 pounds," &c. 



I have heard, that in the great expedition of 1588, it was expressly en- 

 joined the Spanish commanders of that signal Armada, that if, when 

 landed, they should not be able to subdue our nation, and make good their 

 conquest, they should yet be sure not to leave a tree standing in the Forest 

 of Dean. It was like the policy of the Philistines, when the poor Israel- 

 ites went down to their enemies' smiths to sharpen every man his tools; 

 for, as they said, lest the Hehrews make them swords oi' spears; so these, lest 

 the English huildthem ships and men of war. Whether this were so or not, 

 certain it is, we cannot be too jealous for the preservation of our woods; 

 and especially of those eminent, and, with care, inexhaustible magazines. 

 In the duke of Luxemburg's country, no farmer is permitted to fell a 

 timber-tree, without making it appear he hath planted another. And we 

 have already mentioned that inviolable custom about Frankfort, where 

 the young farmer must produce a certificate of his having set a number 

 of Walnut-trees before he have leave to marry. But of these, and the like, 



