8 THIRD REPORT OF THE 



upwards of 30 years) in which they have been carried into efiecl, and the num- 

 ber of Pariflies and Tewnfliips (27 in number in the three inftanccs alluded to) 

 who have all aequiefced in the fame proportion of compenfation, may be con- 

 fidered as having formed a bafis and eftablifhed a principle on which every com- 

 penfation of the famelcind iliould be formed, unlefs any material circumftanccs 

 ihoukl juftify a departure from it. We find, too, that this proportion has not only 

 been recognized by Parliament, but in a judicial proceeding in the Duchy Court 

 of I.ancafter, in confequence of an Inclofure of 13,000 acres of Wa'fte Land, 

 part of Ailidown Foreft, in Sufiex, by the Crown or thofe claiming under it, the 

 proportion decreed to the Commoners, after a Cemmiffion from t-he Court and a 

 Return thereto, was only 6,400 acres (rather lets than half). Our intimate 

 acquaintance and minute examination of every part of this Foreft, and of every 

 right that either exifts or has been fet up, or pretended to cxift within it, during 

 a conflant examination and intercourse with it for more than two years and a half 

 fince the Commiflion iflued under which we have a-5ted, have afforded us no means 

 ef discovering any difference (important to the prefent coufideration) between the 

 rights of the Crown and Individuals in this Foreft, and the rights of the like 

 Parties that have been compenfated in the manner ftated Ln the inftances we have 

 alluded to. Nor has the ingenuity of thofe who deny the juftice of fuch a bafis 

 furnifhed s, either in the many perfonal interviews we have had with them, or in 

 their feveral written propofals, with any fuch variance of circumftances. 



The principle upon which fuch a bafis as we have afiuuied may be eftabliflied, 

 appears to us not only to be very clear and equitable, but much more advantage- 

 ous to the private Proprietor than to the Crown, adverting to the ufual courfe in 

 common inclofures, in which it is the conflant practice to allot to a Lord of a 

 Manor a certain portion of the Wade as a compenfation for his right to the foil. 

 That portion varies from a 1 4th to a 2oth, and fometimes more; but the moft 

 nfual portion is i-i6th, and the remaining 15 parts are allotted to thofe who are 

 entitled to the herbage; that herbage in a Foreft is in the firft place to be en- 

 joyed by the King's deer without any ftint, nor can any pcrfon having a Right of 

 Common in a Foreft. enjoy it in any deg-ree, but tubjeCt to the firft feeding of the 

 King's deer. 



Admitting, however, the practice which has prevailed, rather than infifting 

 on the ftrift right, namely, that the King's deer and the cattle of the Commoner do 

 in faft enjoy the herbage between them, it is evidently in favour of the Commoner, 

 if, after fatisfying the Lord of the Manor for the foil, the remainder of the Com- 

 mon is equally divided between the Crown and the Commoners. 



In the three cafes before alluded to, even a further advantage has been given to 

 the private Proprietor, by an allotment of only one-half "being made for the Mano- 

 rial and Foreftal Right taken together, iuftead of firft taking i-i6th (for iaftance) 

 for the Manorial Right and half the remainder for the Forftflal Right. 



In anfwer to this it has been urged, .that the above applies only to die herbage, 

 and not to a great part of the Waftes in thisForcft, which are peat, bog, and heath 

 without herbage, and fupply only ftiel for the Poor. To this we have given an 

 univerfal anfwer and aflcnt, that what is neccflary for the fupply of fuel to the 

 Poor mall in the firft place be fet apart for that purpofe, and all calculations of 

 divifious ihall be made after that object has been completely provided for. And 

 \ve have aled on this principle in fuch of the Parifiies as we have agreed with, 

 fubjeft to your Lord/hips approbation. 



It is however notorious, that in Parifiies where there are extenfive heaths, there 

 is a much more than ample provifion for 1 lie Poor; and that much more than is 

 confumed by them is carried away and fold by perfons who have no right what- 

 ever, or ufed in burning lime or bricks, direftly contrary to the principle on which 

 a right of Turbary is founded, namely, that of burning it in the houfe of the perfon 

 claiming the right, and that the perfon prescribing for fuch a right muft mow it to 

 be an ancient houfe. 



The objects that will "be .attained by carrying into execution fo much of the 

 Plan we have formed as refts on the propofals we have before recommended for 

 your Lordfhips acceptance, in cafe your Lordfliips fhall be of opinion that not lefs 

 than our laft propofal to the Proprietors in Wiiikfield mould be accepted, are, 

 that in the Parifhes before-mentioned, containing together about 10,500 acres of 

 Qpen Wood and Wafte, about 1,400 acres of Wood, and 3,600 acres of Waft e, 



making 



