COMMISSIONERS ox WINDSOR FOREST. 5 



(though perhaps, from the fupcriority of numbers, ineffectually) to refill thefe 

 pernicious practices. It appears to the Commiffioners, that the pretended rights, 

 -with refpeCt to lops, tops and rootage, as they have lately been cxercifed, have no 

 legal foundation, and -may and ought to be ipeedily and effectually checked. 



It appears alfo to the Commiffioners, that the Rights of Common of Pafture and 

 Turbary, as they are at prefent exercifed and enjoyed, are not (even without 

 having recourfe to the rigour and ftriCtnefs of the Foreft law) warranted by the law 

 of the land, for although ufage will eflabliih a Right of Common, yet the extent of 

 that right muft neccfi'arily be limited by the eftablimed principles of the law. 

 As long as the Rights of Common within Windfor Foreft continue to be cxe'rcifed 

 as they are at prefent, it is impoflible to make any effectual arrangement for rear- 

 ing Timber; and even if the Rights of Common were to be exerciled in a modified 

 manner, and to be reduced within more reasonable limits, it would be neceiTary 

 to inclofe in feveralty, and free from all Rights of Common whatever, thofc places 

 which may be allotted for planting. 



The ruinous effeCts of the fyftem which has hitherto prevailed in Windfor 

 Foreft, cannot be better illuftratcd than by ftating, that the Timber now growing 

 in the Foreft is valued, upon a loofe eftimate, to be worth nearly . 2 00,000, of 

 which (from the want of care) only a finall portion will be applicable to Naval 

 purpofes. The greater proportion of the Timber is now going rapidly to 

 decay, and ought to be cut as foon as poffible. There are now in the Foreft of 

 Windfor about 2,230 acres of land on which trees are ftanding, but throughout the 

 whole of that diftriet there is not a fingle fa pi ing or growing young tree to fucceed 

 thofe which decay or are cut down. There aretilfo in the Foreft about 22,233 

 acres of heath and open land, on which there are no trees of any age or kind, 

 excepting a few Oak and Beech Pollards of inconfiderable value. 



Owing to the abufes which have prevailed in Windfor Foreft, the fallow deer 

 have necefiarily fuffcred material injury, and their numbers are now very much 

 reduced ; and in the event of any arrangement being made for planting, it would 

 be very defirable that they mould be entirely removed. 



The Commiffioners are fully aware that it will be very difficult to reftrain the 

 licence which has fo long prevailed in the exercife of fuppofed Rights of Common, 

 and to introduce fyftem and difcipline into the management of Windfor Foreft, and 

 to rear in it any confiderable quantity of Timber. At the fame time the object 

 of rearing Timber fit for Naval purpofes is fo important to the Nation, and the 

 ruinous and unprofitable ftatc in which fo large a trad of land is now left, point 

 out moft forcibly the neceflity of introducing an immediate reform in the manage- 

 ment of Windfor Foreft. No Timber can be fuccefsfully reared, unlefs it is 

 well inclofed, and unlefs the ground on which it grows is effectually relieved from 

 all Commonable Rights. 



With this new, any future legiflative enactment on the fubjeCt ought to 

 proceed upon the principle, of authorifing a certain portion of the Wafie to be 

 inclofed for planting, leaving a fufticiency of Common to fatisfy all other legal 

 rights. It would alfo be defirable, that power mould be given to Commiffioners, 

 to compromife difputes between the Crown and individuals, and in particular and 

 in fpecial cafes to make pecuniary or other compenfations. A power mould be 

 given to try difputed rights by aCtions, and a power for the Commifficners te 

 fix a fair equivalent for encroachments, and to agree for the purchafe of fuch 

 cottages as -may be fituated in the immediate vicinity of the places allotted for 

 planting, which, for many reafons, it will be defirable entirely to remove. 



That the Commiffioners have not been able to complete the inquiries direCted 

 by the A 61 of Parliament, has arifcn (as has been before obferved) partly from the 

 indulgence they have been induced to grant to feveral individuals, giving them 

 further time to fubftantiate their claims by proper evidence, and partly from the 

 great number 'of perfons who have made encroachments, many of whofe cafes 

 (from the variety of other matter that has occupied the attention of the Commif- 

 fioners) there has yet been no opportunity of examining. The Commiffioners 

 have given an intimation of as early a meeting for thofe purpofes as they think it 

 is probable the feveral parties will be prepared to proceed in them; they cannot, 

 however, look with any reafonable expectation to the completion of the inquiry 

 at the period they have now fixed for further proceeding in it. If, therefore, any 



132. B * 



