23 1 Agricultural Capabilities of the New Forest. 
them, but the amount fixed for compensation. Again they complained that 
they had no adequate legal means for excluding strangers from their pasturage, 
or for defining and limiting the rights of each other over the forest. The 
Bill seemed at one time to have been in their power, but the temper of the 
times then was for the enclosure of all commons, the excessive practice of 
which has, I fear, inflicted loss and inconvenience on the poorer classes, and 
upon the Chief Commissioner threatening to apply the powers of general en- 
closure to the New Forest — which, if carried out, would have been ruinous to 
the smaller freeholders — a few leading men of the Commoners, very impru- 
dently, as I think, yielded their ground, and were contented to withdraw their 
opposition to this most unjustifiable measure in consideration of a reduction of 
4000 acres of the proposed compensation, and of the introduction into the Bill 
of a machinery for completing a legal register of claims which should be the 
title-deed of the Commoners over the remainder of the forest. These claims have 
now been adjudicated, the Crown in every instance more or less objecting to 
each claim. In the result, the tactics, if not the fairness, of the Government 
Department in introducing a Bill which did not provide for the registration of 
the rights of Commoners was fully exemplified ; for, notwithstanding their oppo- 
sition before the arbitrators, no less than 65,000 acres of land and 1200 houses 
established their various ancient rights over the New Forest. It had, previous 
to this decision, been urged against the view which I have given of the incep- 
tion of these common rights, that they were simjily a permissive indulgence 
from the Crown as some recompense for the infliction of the forest laws upon 
private lands ; but a strong argument arises against this theory from the fact, 
that of these 65,000 acres to which the rights were adjudged to attach only 
2600 are within the circle of the forest boundaries. 
" The deer being removed, it would seem naturally to follow that the laws for 
their preservation would have passed away also, and the official evidence given 
before the Select Committee of the House, as well as the suggestions in the 
Eeport of the Committee which has been quoted, directly led the Commoners 
to that conclusion, the solicitor in charge of the Bill, when imder examination, 
repeatedly and distinctly stating that it woidd leave the Crown as Lord of the 
Manor, with the sole claim to soil and timber. But the Bill as it became law 
did not bear out his interpretation. An ingenious wording of the Deer Removal 
Act itself, fmd the non-repeal of the section of the Act of William III. by 
which " I'ence-month " jiassed from the region of the forest 1 iw and became re- 
cognised by the statute law, had left it open to the Crown first to remove the 
deer, and then to claim power to enforce all forest laws as if they were present. 
The oldest inhabitant had up to this time never heard of the word " fence- 
month," nor had his cattle ever been disturbed in their grazing ^'ounds for 
the protection of the fawns ; but now the Chief Commissioner of Woods issued 
a placard announcing his intention of clearing the forest of cattle for the pur- 
pose of protecting non-existent deer during the production of an imaginary 
progeny. He might, with equal discretion and good faith, have added a formal 
prohibition to all owners of property within the forest not to build anj' more 
houses, nor plough any fields, nor cut their timber. Such commands would have 
been equally respected, and would have been enforced with equal safety. I need 
hardly say that, though the placard ornamented the forest trees, no cattle were 
driven otf the forest. The attack, howev.er, could not be forgotten ; but, lest it 
should be, it was kept alive hy a suggestion made by a local official to the 
headquarters at Whitehall, which afterwards was made public, advocating the 
future enclosure of plantations in such a way as most to depi'cciate the value 
of the common rights, and so to prepare for the time when the Crown might 
see the favourable moment for demanding a division. It wanted one more bold 
stroke to complete the strategy, and this was delivered about two years 
ago, when the Chief Commissioner presented a report to H.iVI. Treasury ou 
