A HISTORY OF HAMPSHIRE 



Act inclosed, or as have previously to such date been inclosed by virtue of commissions 

 issued in pursuance of the said Acts or some of them. 



6. With respect to the lands in the forest which are at the date of the passing 

 of this Act inclosed, or have previously to such date been inclosed by virtue of any 

 such commission as aforesaid, it shall be lawful for Her Majesty from time to time, 

 without the issue of any commission, and when and in such manner and as often as 

 to Her Majesty seems meet, to cause any part of such lands to be inclosed, planted, 

 laid open, replanted or reinclosed, provided that the whole quantity of such lands 

 under inclosure does not exceed at any one time 1 6,000 acres. Provided also, as regards 

 the lands in this section mentioned, that in cutting timber or trees for improving the 

 woods, or for sale, care shall be taken to maintain the picturesque character of the 

 ground, and not wholly to level or clear the woods, but to leave from time to time 

 a sufficient number of the most ornamental trees, and to keep the woods replenished 

 from time to time by protecting the self-sown plants, or by planting trees in the 

 vacant spaces, having regard to the ornamental as well as the profitable use of the 

 ground. 



One month's previous notice shall be given to the Verderers by the Com- 

 missioners of Woods of their intention to inclose, lay open or reinclose under the 

 provisions of this Act, but the Verderers shall have no power to object to any such 

 inclosure, laying open or reinclosure. 



7. Provides that any inclosures so made shall be held in severally by Her Majesty 

 free from all rights, privileges or claims, ' except a right of the public to use any 

 highway which may traverse such lands.' 



8. The ancient ornamental woods and trees in the forest shall be preserved ; and 

 except in so far as is provided by this Act the forest shall remain open and unenclosed, 

 and wood shall be provided for the satisfaction of fuel rights without the sacrifice of 

 ornamental timber. 



By clause 5 the whole of the rights of enclosure for the purpose of 

 plantation which had been allotted to the Crown, and in its right to 

 the public, in lieu of the ancient and enormously valuable right (from 

 a technical point of view) of stocking the forest to the full with deer 

 were given up to the commoners, whose property in the forest thereby 

 became increased at least fourfold. The whole object of enclosure is 

 merely to protect young trees from destruction by the cattle of the 

 commoners. But by this clause all the beautiful woods of greater age 

 such as the ancient encoppicements of Elizabeth, James I. and Charles II., 

 are excluded for ever from protection of any kind. Naturally from their 

 age alone these ancient woods are precisely those which stand most in 

 need of protection, because the plantations of 1808 and 1851 are still 

 comparatively young, though their trees are not liable to be damaged by 

 cattle. The ground was completely covered, and clearly would be so 

 for a great number of years to come. But the older woods, being nearly 

 worn out and greatly decayed, and moreover monopolizing all the best 

 timber-growing soil of the forest, stood much in need of protection, in 

 order that they might renew their youth by means of the self-sown 

 seedlings which abound in and around them, and that they might 

 be replenished and perpetuated from generation to generation through 

 simply repeating the process by which they were first created. 



That this was the intention of the Act when it stated that the 

 ' ancient and ornamental woods and trees shall be preserved ' must be 

 beyond question. But either by an oversight or through misapprehension 

 the gist of the matter was missed, and the only efficient means of affbrd- 



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