A HISTORY OF HAMPSHIRE 



privileges which were the source of considerable profits to those owning 

 or exercising them. 



There are in the forest two chief classes of commoners : (i) those 

 who own, and (2) those who exercise the rights of common. These 

 form the great bulk of the commoners. The third class, the small free- 

 holder who exercises his own right, forms a smaller section again, but 

 so small that from evidence given before the House of Commons com- 

 mittee of 1875 it appeared that this class of men (owning and cultivating 

 30 acres and under) owned only 3,554 acres out of 65,000 acres of lands 

 which claim rights of common. The rest of this land is owned by 

 landowners of various capacity ; but more than half of the whole area 

 is held by ten owners alone, while over 55,000 acres out of the 61,500 

 acres left after deducting the small proprietors is held by thirty-one men. 

 The increased rent chargeable on this large area of land, by reason of 

 the common rights attaching to it and the additional value of the houses 

 possessed of fuel rights, obviously amounted to a large sum well worth 

 fighting for apart from all sentimental feelings as to the preservation of 

 the forest, and it constituted a large factor in the agitation which fol- 

 lowed. In 1875 a committee of the House of Commons was appointed, 

 under the presidency of the late Right Hon. W. H. Smith, to inquire 

 into the whole subject. The commoners were well represented on the 

 committee in the person of Lord Henry Scott, one of the members for 

 South Hants and himself the largest owner of common rights, and by 

 Mr. Cowper Temple, the other member for that division of the county. 

 The committee sat for about three months and heard a great quantity 

 of evidence. Its report was as follows : 



That the New Forest shall remain open and unenclosed except to the extent to 

 which it is expedient to maintain the existing right of the Crown to plant trees. 



That the ancient ornamental woods and trees shall be carefully preserved and 

 the character of the scenery shall be maintained. The powers of inclosure conferred 

 by statute shall be exercised only on that area which has hitherto been taken in at 

 various times and been either kept or thrown out under the Acts 9 & 10 Will. III. 

 c. 36 ; 48 Geo. III. c. 72 ; and the Deer Removal Act, 1851. 



That the Crown should retain the power of keeping i6,ooo acres of growing 

 timber and trees planted under the Acts of Will. III. and 1851 at all times under 

 enclosure ; nnd that the Crown be entitled to enclose and throw out at will any portion 

 of the area over which the powers of planting are to be exercised, with a view to its 

 unrestricted use in such manner as may be deemed expedient for the most profitable 

 growth of timber and trees ; but that the rolling power over the open portion of the 

 forest not now planted or enclosed under the Acts William III. or 1851 should cease. 



That a nominal quit rent be charged by the Crown to the Commoners for the 

 exercise of the right of common during fence month and winter heyning ; provision 

 may be made if possible for the payment of such quit rent by some body representative 

 of the commoners. 



That all the rights of the Crown reserved under the Acts of Will. III. and 1851, 

 except as it is herein suggested that they should be modified, be maintained. 



That provision be made that in the event of any future severance of interests in 

 the forest between the Crown and the Commoners the limitations now proposed to 

 be placed on the exercise of rights of the Crown should in no way prejudice the 

 claims of the Crown. 



It was evident that by this report the commoners profited very 



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