Appendix, N" i . 



General View of a PLAN for the Improvement of WINDSOR FOREST. 



THE Commiflioners for inquiring into the State of Windfor Foreft, in puri'uance of twoAfts of Par- 

 liament of the 4o'tli a:id 47th years of His prefent Mujefty, have been authorized by the Lords 

 of the Treaftiry to communicate with the Lords of Manors and Proprietors of Land within the Foreft, 

 on the lubjedl of a plan for the 'protection, increafe and fupply of timber therein, for naval purpofes, 

 purfiunt to thofe Acls. 



The afiiltance hitherto afforded to the CommilTioners by the Lords of Manors and other Proprie- 

 tors within the I'nrelt, and which they have taken occafion to acknowledge to the Lords of the Trea- 

 fury, has m.ide them particularly anxious to obtain this authority, and to aft upen it, previous to any 

 precife mealure being brought before Parliament on that fubjech 



The objects of this communication are, to coni'nlt the convenience and wiflies of all perfons who 

 have rights within the Foreft, that can in any degree be affected by the plan, as far as the fame can be 

 done confidently with a due attention to the public intereft, and to the exercife and improvement of 

 the rights vetted in the Crown for the public benefit ; the attainment alfo of the great national object 

 of affording protection to the timber now in the Foreft, for naval purpofes, and the means to increafe 

 and renew the growth of it for the fame purpofes in future, fo as to render the Foreft muft productive 

 and advantageous as well to His Majefty and to the Public, as to the private Proprietor. ' 



In the profecution of an objcftof fuch high national importance, and with due confideration of the 

 extent, and varied circuruftances of private property within the Foreft, it ha,s been thought expedient, 

 previous to any meeting with the Proprietors, to apprize them of tne general tendency of the plan 

 intended to be purfued, and to flate generally the principles on which it has been iormed ; in which a 

 juft regard has been had to the legal rights of private Proprietors, as well as to tlie rights vetted in 

 the Crown for the benefit of the public at large, and lor whofe benefit alone the intended improve- 

 nient of thofe rights is defigned. 



In explaining the principles on which the plan has been formed it will be proper to ftate, that the 

 rights of common (which are almeft the only rights which will in any degree be varied in their en- 

 joyment, by carrying the propoied plan into execution) have been aflTumed to belong to the Proprie- 

 tors in the moft extended way any common rights can be exercifed by the law of the land, without 

 reforting to thofe reftrufhons and diminutions of them, which might be applied by the laws peculiary 

 applicable to Forefts, and which if carried into execution in this, as they are in many other Forefts at 

 this time, would very materially leflen the extent and value of all common rights, as they are at 

 prefent exercifed within this Foreft : in this firil principle of the plan therefore, the private Pro- 

 prietor will evidently have a very confiderable advantage. 



It may be here proper to correcl a very common erroneous opinion, often entertained refpefting 

 commons of great extent, that there exifts a right commonly termed " Common without Stint," and 

 to ftate, that without fpecial grant thereof by the owner of the foil and herbage, no fuch right can 

 by law exift, however long the praftice may have been exercifed without reftriction. The Owner or 

 Occupier of Lnclofed land can only legally exercife a right of common, in proportion to the extent 

 of the inclofed land he pofleffes, and the quantity of cattle that can be maintained upon it ; and if a 

 fufh'cient portion of common is left for thofe purpofes, the Owner of the foil of a common, whether 

 Lord of a Manor or not, may inclofe and convert all the remainder of the common to his own ufe. 



In the propoied plan, it is intended to apply this principle to a fir.a.11 extent only, and by no means 

 to the whole extent to which it might be legally carried. Government, however, cannot, as the 

 guardians of that property which is vefted in the Crown for the benefit of the Public, wholly lofe 

 fight of a right the Public unqueftionably poffefs. Though they are defirous to apply it no farther 

 againft the private Proprietor than will be necellary to the completion of the prefent plan, this prin- 

 ciple will be therefore applied chiefly with refpeft to thofe parts of the Foreft on which timber is 

 now (landing, where the common right is of lefs value than in many other parts, and in as far as this 

 principle is not carried to its utrnoft extent, the private Proprietor will have another advantage. 



When this principle has been applied in the limited extent before-mentioned, and chiefly by an 

 appropriation of fuch parts of the watte on which timber is now ftanding, the plan in other refpecls is 

 conceived much on the general principle of all incloi'ures, namely, that out of the remaining quantity 

 of open wafte or common, a certain portion of it (hall Lc fet apart as a compenfation for the right to 

 the foil, a certain other portion as a compenfation for the fortftal rights, and fo much of the remainder 

 as the Crown would be intitled to in refpccl of any inclofed land belonging to the Crown in each 

 parifti, in cafe of a general inclofure, equally with the other proprietors of inclofed land within that 

 parifh, leaving all the remainder of the waftes and commons to be enjoyed exclufivety by all the other 

 proprietors of land, either in an open ftdte, or to be inclofed, as they may agree among themfelves. 



The aggregate quantities of wafte land to be thus acquired to the Crown by the feveral rights before- 

 mentioned, are intended to be diftinguifhed in their boundaries as Parliament may hereafter deem con- 

 venient, and to be held by the Crown free from all rights whatever of private individuals, and to be 

 appropriated to the increafe of timber for the public fervice. 



In 



