COMMISSIONERS ON WINDSOR FOREST. 13 



and the fupernumerary beafts mall be forfeited to the King by the Stat. of 

 Weflminfter the zd, cap. 8. But it cannot be denied, however unwillingly it 

 may be admitted, that there is no reftriftion as to the number of Deer the Crown 

 may keep in a Foreft. This then alone narrows the Right of Common of Pafture 

 in a Forefl. 



Another reftriftion of Common of PaRure in a Foreft, is the period of the year 

 in which the Common can be ufed. By the Foreft laws, none but the King's Manwood, 7 & 8, 

 Agiftors could have commonable beafts in the Foreft, from 15 days before Mid- 

 fummer until Holy Rood Day, which is 15 days before Michaelmas O. S. ; and for 

 a. month of the firit part of this period, namely, from 15 days before Midfummer 

 till 15 days after, being the month called the Fence Month, which is the fawning 

 feafon, by the ancient Foreft law, a more rigid reilraint was impofed as to the Ib. 136. 

 free ufe of the Forefts. The Foreft lliould again be cleared at Holy Rood Day, 

 which is 1 5 days before Michaelmas O. S. ; the time for Maftage and Pannage then 

 begins, and ends 40 days nftenvards. The only periods therefore during which 

 by Foreft laws the herbage or common of pafture can be enjoyed ia a Foreft is 

 about two months, that is, from i^ days before Midfummer to 15 days before 

 Michaelmas, v/ith the exception of the Fence Month ; and the Maftage and 

 Pannage for about '5 days, viz. from about 15 days before Michaelmas till 40 

 days afterward?, when the winter leyning begins. 



The exercife of the Right of Common of Pafture in Windfor Foreft, as proved 

 before the Commiflioners, hns been neither conformable to this law of the Foreft 

 nor to the rules laid down by the common law ; it has been ufed to a much 

 greater extent than is allowed by that law, by a greater number of perfons than 

 are by law entitled to it, with all defcriptions of cattle, without any diftiriftion 

 of what are or are not commonable, either by the common law or the Foreft 

 law, and at all times of the year, in direct violation of the Foreft law before 

 fia< 



The Comniiffioners hav^ entered more largely into the confideration of the 

 Right of Common of Pafture, not only as it is one of the moft valuable rights to 

 individuals within the Foreft, but it is one that ftands moft in the way of the 

 improvement of it, and, as it is at prefent exercifed, calls for fomc necoffary regu- 

 lations to bring it within its legal bounds. The Commiflioners therefore intend 

 lit re.ifter to fubmit fome fuggeftions to your Lord/hip's for that purpofe, which it 

 is hoped may be beneficial to thofe who are entitled to real Rights of Common' of 

 Pafture within the Foreft. 



As to the Right of Common of Turb:iry, it is conceived fuch a right cannot 

 exift in a Foreft; the exercife of which is fo deftructive to the purpofes of it. In 

 none of the treatifes on Foreft Law are to be found any regulations refpefiling 

 it, as th^re are relating to every other Commonable Right that can be exercifed 

 in a Foreft; and this nm ft have peculiarly called for regulation and reftraint, if 

 it had boon confidered as a right. It has however in fact been long exercifed in 

 Windfor Foreft, and the Commiflioners will fpare any further obfervations on this 

 pretended right, as the opportunities this inquiry has given them, of knowing, 

 the wants of the poorer inhabitants of this diftrift have fufficiently convinced 

 them, that (confiftently with humanity) it cannot be prevented, though it ought 

 to be put under regulations that will be equally ufeful to thofe who are to enjoy 

 it, and render it lefe detrimental than it now is to thofe whofe real rights are 

 rt;.'<! by it. 



The Rights of cutting Heath, Fern and Furze, and of cutting and digging Turf, 

 Gravel, Sand and Loam, have alfo been exercifed to an extent, and in a manner far 

 beyond what can be fupported by any legal prefcription. It would be too much 

 to fay, that fuch rights do not exift, becaufe in the abfence of all other means of 

 tantiaiing thofe rights, the praftice as long permitted, juftifies ftrongly legal 

 prcfumption " in favour of the pretenders to them; but they want regulations to 

 keep the exercife of them within legal limits. 



The Right of Maftage and Pannage in the Woods certainly exifts within the 

 Foreft ; but no parim can produce any former claim to thefe rights which does not 

 mew that it has always been exercifed in a diftinclly limited degree, and that a 

 confideration has been paid to the Crown for the exercife. This therefore, as well 

 as all the other rights before mentioned, requires regulation to bring them back 

 .to their original legal ufiage. 



The Rights of Browfe Wood and Rootage call for fome explanation} and as a 

 133. 1) very 



