2o SECOND REPORT OF THE 



By the common law of the land, and alfo by the ftatute of Merton, and othrr 

 sinticnt ftatutcs for the approvement of Waite Lands, which flatutes have been 

 recognized in more modern A6ts of Parliament, arid have been a6ted upon in 

 flnticnt and modern de-terminations of the Courts of Law, the Lord of a Manor 

 or any perfon feifed in fee of Wade Lands, though not Lord of a Manor, may 

 inclofe Waftes or Commons to the foil. of which they arc entitled, leaving fufficient 

 Common for thofe who are entitled to it by law. There is no doubt therefore, but 

 the Woods before mentioned (except thofe in the Manors of Ciewcr and Soninge, 

 may be inclofed, under the fubfifliiag laws for the improvement of Wafte Lands, 

 there being, in the feveral Manors in \\ Inch they are lituate, more than rnv.plo 

 Common for the Commoners, independently of any Common of Pafture thofe Woo* Is 

 afford; leaving them fubject or not, as may be judged beft, to Pannage under the 

 ordinary Forcft regulations, which prevent fwine from doing any injury. 



The Crown has, befides the right as Lord of the Soil of fuch Manors as are 

 vefted in the Crown, the Foreftal Right, which, as it is before ftated, is a very 

 important one, as it refpecls Common of Pafture. 



The proportion of the Wafte that, the Crown is entitled to, in either of thefe 

 rights, is not afccrtained by any legal rule, except that a Lord of a Manor in ay 

 approve and inclofe Common or Wafte Lands to any extent, leaving fufficieuf 

 Common for the commoner, as regulated by law. 



The proportion generally given to a Lord of Manor, on Inclofure A 5s, is 

 from a i5th to a zoth part of the whole Wafte or Common within the Manor, as 

 a compcnfation for the right to the foil ; and the general allowance to the Lords 

 of Manors, in the Inclofures in which one of the underfigned Commilfioners has 

 been emploved, has been of a fixtceiith. Only one inftance has come to the 

 knowledge of the Commiflioners as to a compenfation for Foreftal Rights ; this 

 arofe on an Inclofure of fome Wafte Lands within Sherwood Foreft, where the 

 Leflee of the Crown (and who flood in its place as to all fuch rights) accepted a 

 twentieth part. This however is prefumed to be inadequate, and the Fort- fial Right 

 is deemed fully adequate to ihe Manorial Right, if not much fuperior to it, as the 

 former is regulated alone by the common law, on which the Foreft law imppfes 

 very ftrong reftrictions, and materially leffens the Right of Common of Pafture, as 

 regulated by the common law, in places out of a Foreft. 



Prefuming therefore that the Woods are firft inclofed by way of approvement, 

 it may be reafonable that the Crown fhould on that account accept a fmallcr 

 proportion than a fixteenth, which is ufually given to a Lord of Manor on an. 

 Inclofure, and mould alfo accept nearly in the fame proportion a compenfation 

 for Foreftal Rights, independent of the Woods. It is computed that the Crown 

 might by accepting moderate cornpenfations for the Manorial and Foreftal Rights 

 obtain in the feveral Manors before mentioned at leaft 1,000 acres of Wafte Land. 



The proportion of Wafte Land which the Crown would be entitled to in refpecl 

 of its inclofed land within thofe Manors (after deducting the Woods, and appro- 

 priating moderate cornpenfations for the Manorial and Foreftal Rights) may be 

 eftimated at 1,500 acres, making in the whole about 2,500 acres of Wafte to be 

 inclofed for the purpofe of planting for the growth and cultivation of Timber ; 

 which, added to the Woods belonging to the Crown within the Foreft, amounting 

 to about i,qoo acres, would make in the whole between 4,000 and 5,000 acres. 



Thefc calculations are not offered as accurate, nor can any fuch be made, until 

 it is determined what proportion of W r afte Land mall be given to the Crown as a 

 -compenfation for the Manorial Right, and what for the Foreftal Right. From 

 the foregoing ftatement fome general idea may be given, of what can be gained 

 to the Crown on the principles before flated. 



In refpeft to the Woods belonging to the Crown within the Manors of Clewer 

 And Soninge, in which Right of Common and Maftage and Pannage are now 

 claimed, a compenfation might be made in Clewer for fuch rights as exift in the 

 Crown, by a furrender of the Foreftal Rights there, as the private property of the 

 Crown within that Manor (independent of the A\ f oods) is inconfiderable ; in the 

 Manor of Soninge a compenfation might be made, by giving up a part of the 

 proportion of Wafte the Crown would be entitled to in refpect of private lands 

 -vrithin that Manor. 



If it mould be objected, that on this plan the Crown would, by inclofing the 

 Woods in the Foreft in the firft inftance by way of approval, deprive the Com- 

 moners of any Cbmmonable Rights they may claim in the Woods, and afterwards 



take 



