>4 SECOND HEF-ORT OF THE 



very alarming evil appeared to the Commiffioners, at one of their firft public 

 meetings under the Act, to exift, in confequence of an unwarrantable perverfion 

 of the terms " Browfe Wood and Rootage," by which the inhabitants fet up aright 

 to all the large limbs, and to the root of every tree either felled or blown down 

 in the Foreft, leaving little more than the trunk to be taken by the Officers of 

 the Crown, the Commiflioners, in their Firft Report, endeavoured to explain this 

 practice, with a view to fome immediate check and refiftance being made to it, 

 and which they are informed has been effectually made in every inftance that has 

 occurred. The beft attempt they can here make to afford any reafonable pre- 

 Appendix, N'ai. fumption of the meaning of the word Rootage, is to fet forth, in the Appendix, 

 the claim made, at the laft Court of Eyre held for this Foreft, by the men of 

 Winkfield. 



In order to bring into one view all the obfervations that arife on the various 

 Commonable Rights, the Commiflioners have thought it proper here to tran- 

 fcribe the pafluge in their former Report on this particular fubjeft, which is 

 as follows : 



" It appears to have been formerly the cuftom of the Keepers to whom the 

 " management of the deer was intrufted, to cut off the lops and tops or tender 

 " twigs from the trees (and which has been for a great length of time diftinguifhed 

 " by the name of Browfe Wood) ; and thefe twigs or browfe wood were left on 

 " the ground, in order that during the fevere weather the deer might ftrip off the 

 " leaves and bark ; and when the twigs could no longer be ferviceable as food for 

 " the deer, the inhabitants of ancient tenements in the neighbourhood were 

 " allowed to carry away the browfe wood for fuel. The inhabitants of ancient 

 " tenements appear alfo to have enjoyed a privilege termed Rootage, or the right 

 " to turn pigs, under certain reftrieiions, and at ftated periods, into the woods, for 

 " the purpofe of feeding on acorns and beech mads. By a moft unwarrantable 

 tl extenfion of the privilege of taking browfe wood, the inhabitants at large, 

 " without any reftriclion as to ancient tenements, have of late claimed a right, 

 *' either in the cafe of a faH of timber by order of the p roper Officer of the 

 " Foreft, or in the cafe of a tree being blown down, to carry away the largeft 

 " branches, leaving little more than the trunk ; and by a moft extraordinary 

 " perverfion of the term " Rootage" they have claimed and carried away the 

 " roots of the trees. Though thefe pretended rights with refpect to lops, tops and 

 <f rootage have been exercifed in too many inftances, yet they do not appear to 

 " have been exercifed without interruption, for feveral inftances have occurred, 

 " in which the Keepers, being defirous to difcharge their duty with fidelity, have 

 " endeavoured (though perhaps from the fuperiority of numbers ineffectually) 

 " to relift thefe pernicious practices. It appears to the Commiffioners, that the 

 " pretended rights with refpeft to lops, tops and rootage, as they have lately been 

 " exercifed, have no legal foundation, and may and ought to be fpeedily and 

 "- effectually checked." 



The Commiffioners however thought it right to take fome evidence as to this 

 unwarrantable cuftom, which evidence is preferved amongft their proceedings. 

 But as the Law Officers of the Crown have fmce been confulted on this practice, 

 and have confirmed the opinion the Commiffioners firft entertained upon it, they 

 think it unneceffary to trouble your LorcUhips with that evidence, deeming it only" 

 neceffary to correct the explanation given of the term " Rootage " in the Firft 

 Report ; and to add, as they are warranted in Hating to your Lordiliips, that thefe 

 claims of right to browfe wood and rootage have by the perverfion of the terms 

 no practical meaning, but as, during the long number of every authority in 

 ihis Foreft reftric'tion of Jicentiousnefs, they have become by-words for open 

 depredations. 



As the Encroachments on the Commons and Waftes of the Forefts are in a certain 

 degree connected with the Rights of Common, the Commiffioners have referved 

 any ftatement on this part of the inquiry for this place, though by the Aft it is 

 made the firft obje6t -of inquiry, after afcertaining the Boundary of the Foreft. 



The quantity of Land found in the Foreft Map, made in the year 1789, to have 

 : becn at that time encroached, is, 491 A. o R. 2 P. ; all the parcels of -which are very 

 minutely marked on this Map. Since that time, many other Encroachments have 

 been made ; and the eftimated quantity of land claimed on the part of the Crown 

 before the Commiffioners, and the right to inclofe the fame, which they have had 

 tio inquire into, is in the whole 198 A. 3 R. 30 P. The Perfons who either origi- 



nall/ 



