COMMISSIONERS ON WINDSOR FOREST. zi 



take a proportion as Ix>rd of the Manor ; it is anfwered, that the value of the 

 Commoiiiible Rights in the Woods, if any exift, beyond Manage and Pannage, is 

 inconfui Table ; that on the propofed plan, a lower proportion than that ufually 

 given to a Lord of a Manor on an inclofure, and a fimilar proportion as a com- 

 penfation for Foreftal Rights, would be accepted by the Crown, and the reftric- 

 tion on the exercifeof Rights of Common (confining it to a very finall portion of 

 the year) which the Foreil law impofes, would be entirely furrendered to the 

 Commoners, and that if they can afterwards agree upon an inclofure of the remain- 

 ing part of the Common, they will have no Manorial or Foreftal Rights to inter- 

 fere with any fuch views, and that they will in the meantime enjoy their Com- 

 mon free of thofe rights. 



On the belt confideration the Commiffioners have been able to give thisfubjec\ 

 they are fatisfied a plan of this kind would, under all circumftances, be more 

 beneficial to the Commoner than any enjoyment of the Common he can have in 

 its prefent ftate, and in a greater degree advantageous to him than to the Crown 

 and the Public, more efpecially confidering the reftrictions that might be exer- 

 cifed againfl the Commoner by the laws of the Foreft. If it fhould be thought 

 roafonable to put thofe reftriftions in force in any degree, if not to the whole 

 extent to winch they might be enforced, the Right of the Common muft be pro- 

 portionably narrowed, and the acquifition of Wafte Land to the Crown be confe- 

 quently increafed. 



Another confideration will arife as to the quality and fituation of the Common 

 that will be left open; and on the propofed plan the perfons entitled to Common 

 will have an advantage, as that part of it which is propofed to be left open for 

 them, will be the neareft to the inclofures, and which in all cafes is by far the 

 beft and moft valuable part of the Common ; and the more diftant part that will 

 be left open, will fupply fern, heath, and turves. The foil however of the open part 

 ihould be conlklered as remaining vefted in the Lord, for the purpofe of preventing 

 encroachments, and fubjeft to other internal regulations, ufually made in the 

 Lords Court ; but it mould be exprefsly provided, that in cafe the Commoners 

 ihould afterwards agree upon a general inclofure, the confent of the Lord mould 

 not be necefiary, nor mould he have any future allotment. 



It will be a further advantage to the Commoner if fome regulation is made 

 relative to Common Rights, that can be enforced in a fummary way ; for inftance, 

 if the proportion of Common, as between the Commoners themfelves, was regu- 

 lated, To as to prevent perfons from (locking the Common who have no right, 

 and to reftritt thofe who have within their proper limits; alfo refpefting the Furze* 

 Heath and Turves, which are now taken indifcriminately, and often by perfons 

 %vho have no pretence of right, and who make fale of them, or ufe them for brick 

 kilns or other purpofes of inordinate confumption. And though regulations of 

 this nature may be confidered as not immediately applying to the principal objecl 

 of this inquiry, yet they are fo connected with it, and will give to the Commoner, 

 who'Jias an undoubted right, fnch a material improvement in the value of his 

 Common Rights of all descriptions, and prevent abufes that now exift to a great 

 -extent, that the Commiffioners have thought it worthy of attention. 



The Commiffioners are concerned to ftate, that in this view of the fubjecl not 

 more than 4,000 or 5,000 acres of Wafte Land, out of 24,600, can be appropriated 

 to the growth and cultivation of Timber, if the Commiffioners nave juftly efti- 

 mated the rights of the Crown and of individuals^ they have endeavoured there- 

 fore'to find fame principle upon which the plan may be extended, cither i the 

 Manors before alluded to, or in the other Waftesof the Foreft, which<c*.n be con- 

 vertcd to no purpofe fo beneficial as to the cultivation of Timber. 



The benefit to be derived from thence, however, is diftant; negleft, and ill de- 

 vifed fohemes, mciy render it precarious, and entirely defeat it. Asinftanees of this, 

 the Woods in New Foreft, planted in King William's time, though they have 

 reached a height calculated for any purpofe-for which length of Timber may be 

 required, yet, never having beeu properly thinned, which cannot now be done, 

 nor could have been twenty years ago, with the lead -chance of ever anfwering 

 Navy purpofes, they therefore cannot ever become what 'is ufually confidered 

 Navy Timber. All the fubfequeot plantations in that Foreft and :in the Foreft of -th Rep.& 

 Dean have almoft totally failed. Either one or the other of thefe fates muft attend >>( Comm" of Land 

 -every fcheme of Foreft ciutivation, fimilar to what, has been purfued in thefe 

 Forcfts. Thereafon, we are perfuaded, is, in addition to .the one dated by the 

 433. ^" Commidioners 



