COMMISSIONERS ON WINDSOR FOREST. 19 



whom applications may at all times be made relative to any irregularities that 

 may arife and require immediate correction. 



Having gone through the feveral heads of inquiry directed by the Act, and in 

 the couiTe of Hating each, having made fuch obfervations as have occurred to the 

 'Commiffioners; it remains for them, purfuant to the directions of the izth feet ion 

 before ftated, to point out proper places which may be fet apart for the growth 

 and cultivation of Timber, and to fugged fuch plans, rules and regulations for the 

 future management and impovement of the Foreft, as they are by the Act 

 directed to do. 



The difficulties that (land in the way of future improvement of the Foreft, owing 

 to the various rights and privileges of individuals, and the intermixture of thofe 

 with the rights of the Crown, may have been collected in a great degree from 

 what has been before ftated. Thefe arifr in fome parts of the Foreft from the 

 rights of the Lords of Manors and Commonable Rights ; and in others, principally 

 from the Rights of Common, where the Manorial Rights are veiled in the Crown, 

 or in a Truftee for His Majefty. Another difliculty arifes in the way of fuggefting 

 any plan for improvement, from the confideration, whether the Commonable 

 Rights are to be regulated by the laws of the Foreft or by the common law; if by 

 the former, it will be feen, from what has been before ftated, that the common 

 law right will be very much narrowed. The Commiflioners however have thought 

 it beft to form fome plan, on the foundation of the Commonable Rights being re- 

 gulated by the common law; not intending thereby to lofe fight of all confidera- 

 tion of the reftrictions of thefe rights which are impofed by the laws of the 

 Foreft, but becaufe the common law right forms a more certain andfubftantial 

 bafis, on which any fyftem of regulation can be formed, and intending to proceed 

 on a principle of mewing the utmoft the law will allow the Commoner in any 

 poflible cafe, leaving to the confideration of Parliament to what extent the re- 

 ftrictions that might be put on the common law right, by reforting to the laws 

 of the Foreft, mail be enforced or relaxed, in order to accomplim a great national 

 object. 



The Commiflioners are directed to point out the proper places which may be fet 

 apart for the growth and cultivation of Timber. They are obliged in that refpect 

 to confine thcmfelves to thofe places, in which (according to prefent fubfift- 

 ing or claimed rights) it is practicable ; though there are many other parts of the 

 Foreft that would, in point of foil and fituation, be equally proper for that 

 purpofe. But at prefent no Improvement in the growth and cultivation of Timber 

 can be attempted by Parliament, but where the Manors are vefted in the Crown, 

 and in fuch Open Woods as belong to the Crown, though fituate within Manors 

 belonging to private perfons ; nor can the particular fpots within fuch Manors 

 be pointed out in a Report of this nature, though they have in a great degree been 

 Telected by the Commiffioners. A discretion muft however be given, to extend, 

 contract or vary fuch fclected fpots of ground, according to circumftances that 

 may arife, and which cannot now be forefeen. 



The Commiflioners have in their former Report ftated it as their opinion, that. 

 it will be impoffible to preferve the Timber at prefent in the Foreft, or to fecure 

 the growth and cultivation in future, unlefs fuch parts of the Foreft as mall be 

 appropriated for thole purpofes are inclofed, and held by the Crown in feveralty, 

 fh-cd and difcharp <1 from all Commonable Rights whatsoever. 



The firft ftep, that, in the opinion of the Commiflioners, mould be taken, is to 

 inciolo all the Open Wood Land in the Foreft belonging to the Crown, which they 

 compute to be about 1,900 acres, of which near 1,500 acres are within Manors 

 vefted in the Crown, or in a Truftee for His Majefty; 200 acres or thereabouts 

 are hi the Manor of Clewer, which belongs to a private perfon ; and 200 acres are 

 within the Manor of Soninge, which is alfo the property of a private perfon : that 

 fo much of the Wafte Land as the Crown can, by any Manorial or other right, 

 attach to thofe Woods, fhould be added to and inclofed with the Woods, for the 

 purpofe of extending them ; that where fuch Wafte Land cannot be fo acquired, 

 adjoining to the Woods, that as much as can be gained in other places, and in 

 as large plots as may be, Ihould be inclofed for the growth and cultivation of 

 Timber. 



It may be proper to confider in what rights fuch Wafte Land may be acquired 

 in feveralty, confidently with the Commonable Rights, afluming for the prefent, 

 that thofe rights are to be regulated by the common law. 



