UC-NRLF JV(v f ut U THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA Uooonenta Dept. PRESENTED BY PROF. CHARLES A. KOFOID AND MRS. PRUDENCE W. KOFOID F I 11 S T a E P O R T OF THE COMMISSIONERS On the State of I N D S O R FORES T, DOCUMENTS 0-JA.,lwiENf JUiv 28 LIBRARY 'Ordcrtd, by The I louib of Commons, to be print fd, ilth To the Right Honourable The Lords Commiffioriers of His Majefty's Trcafuiy. THE FIRST REPORT of the Commiflioners appointed by His Majefty's Commiffion, in pursuance of an Acl of Parlia- ment, paffed in the 46th year of His reign, chap 1 43. intituled, " An Act for enquiring into the State of Windfor Foreft, in the " County of Berks, and for afcertaining the Boundaries of the faid " Forefr., and of the Lands of the Crown within the fame/' r SpHE Commiflioners who were appointed by the authority of an A61 paned JL in the laft Scffion of the laft Parliament for the purpofe of inquiring into and reporting upon the ftate of WINDSOR FOREST, have thought it to be their duty to ftate for the information of the Lords of His Majefty's Treasury, the caufes which have prevented them from bringing their proceedings to a ciofe, and alfo the progrefs they have made in iriveftigating the fubjefts to which their attention has been directed. The Commiffion under the authority of which the Commiflioners afted, was not iffued until an advanced period of the autumn, and the Aft of Parliament having required that the Commiflioners mould give fourteen days notice of their intended meeting in the London Gazette, and in the London and County News- papers, they were unable to proceed to bufincfs before the firft day of October. The Commiffioncrs accordingly met for the firft time on the firft day of October, and continued that meeting by adjournments from day to day, until the twenty-eighth day of October inclulive. The Commillioners again met oil the fifth day of January, and continued that meeting by fimilar adjournments until the tenth day of January inclufive. Owing to the variety of fnbjecis to which the attention of the Commiflioners was neceflarily called, and to the num- ber and magnitude of the claims which were laid before them, together with the unavoidable want of previous preparation on the part of individuals whofe duty it was to fubftantiatc their right to their claims, it has been wholly impoffible for the Commiflioners to bring the bufmefs tofuch a point as to enable them to make a fatisfaftory or final Report on the different objefts of inquiry fpeciried iu the Act of Parliament. The firft objcft which engaged the attention of the Commiffionerfij was that of afcertaining and diftinguifhing, as the Aft direcls, the Boundaries of Windfor Foreft according to the tenor of an Inquifition taken at Tvvyford in the reign of Charles the Firft ; and this portion of their duty they have per- formed. The Commiflioners were next engaged in examining and inquiring into the Manorial Rights, Rights of Free Warren, and Commonable Rights which exifted or were claimed within the Foreft of Windfor. The Manors claimed within the Foreft were in all 35, ofwhich number twelve have been eftablifhed by legal evidence ; and the examination of the reft has been from time to time poft- poned, either for the pcrfonal accommodation of the parties, or for the purpofe of affording an opportunity of procuring neceffary evidence. The Parities which are either intirely or in part included within the eftablifhed bounda- ries of Windfor Foreft, are about twenty in number. The Inhabitants of all thefe Parifhes claimed Rights of Common of the moft various and extenfive nature. In the examination of thefe claims of Commonable Rights, the Commiflioners have made very confiderable progrefs ; and as this may 132. be 066 4 F"i R S T 'REPORT OF THE be co;i r :rlf.Te:l as one of the moft .important objccls of inquiry, it mental a very t horon -j h i n veil i gal ion. - ' O The Commiflioner*- have alfb devoted feme time to the .-cov.fideratiou of the actual fhife of the Timber now in the Foreft of Windfor -, and to the !e!cdicn of fuch places as are belt adapted to produce Timber lit for Naval puniofcs. The Comn'iffioiters, as directed by the Act of Parliament, have inquired into the purprefturcs, encroachments and 1 s on the foil- of His Majelly within ilie boundaries of Winilfor Foreil ; but although thgy have-roade fome progrefs in this inquiry, yet, as the total number of Acres which it is alleged to have been inc.!-. fed without licence is at icaft 500, and as thefe cncroa hi.H-v/ts have be > made by acres and fractions of acres at a time, it has been impoftible to complete 'the inveftigatlon. From (iiis general view of the various fubjefts which have occup'cd the at- tention of the Commilh'oners, and of the progrefs which they have made in examining the dirlerent objects pointed out by the Aft of Parliament, it is obvious that the)' are not now in a fituation to prefer.t a complete or final Report. At i,he fame time the Commiilioners feel themfelves warranted, 'even in this llage of their proceedings, in making the following Observations, which they have confidercd it to be their duty to take the eariielt opportunity of Hating, for the information of the Lords of His Majefty's Trcai'ury. The Cenirniffioners have been able to trace the Boundaries of Wir Foreft as they were ascertained and eiiabiiihed in the reign of Charles the Fiift, with r -enter accuracy and precifion than could have been expected, c-on- fidering the interval of time which has elapfed fincu the Inquiiition \\ as taken tit Twyford. In the prefent ftage of the proceedings, it is impoffible to fiate with precision to what degree the interefts of the Crown will be narrowed by the number and extent ef Mane-rial Rights claimed within the Foreft, but at prcfent there i'eems to be reafon to -fuppofe that Mauerial Rights of coitfiderable value and importance to the individuals enjoying them will be eltablifhed by legal evidence. The Inhabitants of all or nearly all the. Pariflics within the Foreft of Windfor have claimed, and have proved the avtual -enjoyment of the right to turn co r ?, horfes, iheep and pigs on the Foreft, without limitation as to numbers, and without any reference to the nature or tenure of their po'Ieilions. Many Pariihes have in like manner claimed and proved the enjoyment of a Right of Turbary, and .to cut fern and heath, and to take for private puppcfcs gravel, fand and loam. Whenever all or any of thefe rights have been enjoyed, t to have been cxercifed alike by owners and occupiers, by the iuhabi. tenements and modern dwellings. It appears to have been formerly the cuftom of the Keepers to whom Ike management of the deer was intrufted, to cut oft' the lops pnd io-s or tender twigs from the trees (and which has been for a great length of time diiiimnMihed by the name of Browfi Jl'oo'.i} ; and theR' twipear alfo to have enjoyed a privilege termed Rootage, or the right to turn ; (under certain rcilriclions, and at Ihited periods) into the woods, for the pin-pole of feeding ou acorns and bee.'h mafts. By a moft unwarrantable extenfion of the privilege of taking browfe wood, the Inhabitants at large, without any reflrictiou as to ancient tenements, have, of late, claimed a 'right, either in the cafe of a fail of Timber by order of per Officer of'ihe ForefL orln the cafe of a tree being blown down, to carry av:ay the hn-geft hn-nehes, U'Hviiig little more than the trunk ; and by a moft extraordinary pcrverfion of the ' fin Rootage, they have claimed and carried away the roots of the trees. Though thefe pretended rights, with rcfpe6b to lops, tops and rootage, have been c\erci;'..:d in too many inftances, yet they do not appear to have been exereifed wilho'a iflterrapttonj for I'everr-i inftanee-; have oecurrxl in which the .Keepers, being delirous to difcharge their duty with fidelity, Lave cndcavo-.v (thougU COMMISSIONERS ox WINDSOR FOREST. 5 (though perhaps, from the fupcriority of numbers, ineffectually) to refill thefe pernicious practices. It appears to the Commiffioners, that the pretended rights, -with refpeCt to lops, tops and rootage, as they have lately been cxercifed, have no legal foundation, and -may and ought to be ipeedily and effectually checked. It appears alfo to the Commiffioners, that the Rights of Common of Pafture and Turbary, as they are at prefent exercifed and enjoyed, are not (even without having recourfe to the rigour and ftriCtnefs of the Foreft law) warranted by the law of the land, for although ufage will eflabliih a Right of Common, yet the extent of that right muft neccfi'arily be limited by the eftablimed principles of the law. As long as the Rights of Common within Windfor Foreft continue to be cxe'rcifed as they are at prefent, it is impoflible to make any effectual arrangement for rear- ing Timber; and even if the Rights of Common were to be exerciled in a modified manner, and to be reduced within more reasonable limits, it would be neceiTary to inclofe in feveralty, and free from all Rights of Common whatever, thofc places which may be allotted for planting. The ruinous effeCts of the fyftem which has hitherto prevailed in Windfor Foreft, cannot be better illuftratcd than by ftating, that the Timber now growing in the Foreft is valued, upon a loofe eftimate, to be worth nearly . 2 00,000, of which (from the want of care) only a finall portion will be applicable to Naval purpofes. The greater proportion of the Timber is now going rapidly to decay, and ought to be cut as foon as poffible. There are now in the Foreft of Windfor about 2,230 acres of land on which trees are ftanding, but throughout the whole of that diftriet there is not a fingle fa pi ing or growing young tree to fucceed thofe which decay or are cut down. There aretilfo in the Foreft about 22,233 acres of heath and open land, on which there are no trees of any age or kind, excepting a few Oak and Beech Pollards of inconfiderable value. Owing to the abufes which have prevailed in Windfor Foreft, the fallow deer have necefiarily fuffcred material injury, and their numbers are now very much reduced ; and in the event of any arrangement being made for planting, it would be very defirable that they mould be entirely removed. The Commiffioners are fully aware that it will be very difficult to reftrain the licence which has fo long prevailed in the exercife of fuppofed Rights of Common, and to introduce fyftem and difcipline into the management of Windfor Foreft, and to rear in it any confiderable quantity of Timber. At the fame time the object of rearing Timber fit for Naval purpofes is fo important to the Nation, and the ruinous and unprofitable ftatc in which fo large a trad of land is now left, point out moft forcibly the neceflity of introducing an immediate reform in the manage- ment of Windfor Foreft. No Timber can be fuccefsfully reared, unlefs it is well inclofed, and unlefs the ground on which it grows is effectually relieved from all Commonable Rights. With this new, any future legiflative enactment on the fubjeCt ought to proceed upon the principle, of authorifing a certain portion of the Wafie to be inclofed for planting, leaving a fufticiency of Common to fatisfy all other legal rights. It would alfo be defirable, that power mould be given to Commiffioners, to compromife difputes between the Crown and individuals, and in particular and in fpecial cafes to make pecuniary or other compenfations. A power mould be given to try difputed rights by aCtions, and a power for the Commifficners te fix a fair equivalent for encroachments, and to agree for the purchafe of fuch cottages as -may be fituated in the immediate vicinity of the places allotted for planting, which, for many reafons, it will be defirable entirely to remove. That the Commiffioners have not been able to complete the inquiries direCted by the A 61 of Parliament, has arifcn (as has been before obferved) partly from the indulgence they have been induced to grant to feveral individuals, giving them further time to fubftantiate their claims by proper evidence, and partly from the great number 'of perfons who have made encroachments, many of whofe cafes (from the variety of other matter that has occupied the attention of the Commif- fioners) there has yet been no opportunity of examining. The Commiffioners have given an intimation of as early a meeting for thofe purpofes as they think it is probable the feveral parties will be prepared to proceed in them; they cannot, however, look with any reafonable expectation to the completion of the inquiry at the period they have now fixed for further proceeding in it. If, therefore, any 132. B * 6 FIRST REPORT, &c. of the regv.lations and powers they have fuggefted ihould be thought proper to be adopted, llie Cominiiiioners think the objects of them might, to a certain extent, and in a con!:derab!c: degree, be forwarded, if tliofe powers were given previous to the completion of the inquiries directed by the preient Act ; and that both the objects of the prcfent inquiry and of future regulations would l>c thereby mate- rially facilitated, more particularly as the regulations the Commiiiioners have ftiggefted mu'ft (as they conceive) neeefi'arily precede any final arrangement for rendering the Foreft productive of Timber, and that by connecting the prefent inq'iiry with the additional regulations they have propofe.l, tiio principal object iviJl be advanced at lead twelve months. JA' ABERCROMBIE. Jan" 1807. JOHN VEBNON. F 1 11 S T R E P O R T OF THE COMMISSION IT. R S On the Stale of \V I N D S O R FOR K S T. Oidend, b\j The IToufe nf Commons, to be printtd, llth April 1 809. 132. SECOND REPORT OF THE COMMISSIONERS On the State of WINDSOR FOREST. Ordered, by The Houfe of Commons, to be printed, l ith April 1809. '33- [ 3 ] To the Right Honourable the Lords Commiffionccs of His Majefty's Treafuiy. THE SECOND REPORT of the Commiffioners appointed by His Majefty's Commiflion, in purfuance of an Aft of Parliament, paifed in the 46th year of His reign, chap. 143. intituled, " An Ad: " for enquiring into the State of Windfor Foreft, in the County of " Berks, and for afcertaining the Boundaries of the faid Foreft, " and of the Lands of the Crown within the fame ;" which Acl was varied by an Aft parted in the 4;th year of His Majefty's reign, chap. 46. THE Commifli oners having on the 2oth of January 1807, made their firft Report to the then Lords of the Treafuiy, and therein Hated the proo-reft they had then made in the inquiry directed by the Act of the 461)1 year of His Majefty, and fuggefted fome ineafures, that, in the opinion they then ventured to entertain, feomed. calculated to facilitate and advance the principal object of the inquiry ; propofe now to enter more fully into the fieps they have taken to pro- fecute the inquiry, from the palling of the firft-nicntioncd Act to the preft-nt time, and to lay before your Lordlhips the refult thereof, according to fuch means as have been afforded to them of procuring latisfactory information on the feveral iubjects of their inquiry. The firft-mentioncd Aa pafled the Royal Aflcnt on the zad of July 1806 ; the fame was foon afterwards ofiicially communicated to the Commifiioners, by' the Sun-cyor General of His Majefty's" Woods, whieh was the firft knowledge they had of the proviiions it contained ; and they were informed that His Majcfiy would forthwith illue his Commiflion, in purfuance of the A6t, for carryino- it into execution. The Commiflipnere met in Windfor Foreft in the month of Augufl 1806, before the Commiffion iffued, and before they were authorized to appoint any public Meetings, with a view to gain fome general information relative to the Foreft, and the nature of the Claims they lliould have to invcftigatc, and to infpect fucli' Re- cords and Papers belonging to the Foreft as were depolited in the cuftodv of the Steward of tin; Foreft Courts. Though the Commiffioners found many papers in the hands of the Steward, they were all of a modern date, few extending beyond the laftcenturv, and many of thofe had been collected from various fources of information by the induftrv of the prefent Steward, few of the papers -then in his pofleHiou having been handed down to him from his predccellbr in that oflice. In an inquiry into the ftatc of this Foreft, that has exifted beyond all hiftory and record, having within its boundary a Caftlc that has been the regal refidenco for many centuries paft, and affording a depofitory ftrikingly fit for every record and paper which might be fuppofed to exift concerning Windfor Caftle and all the Royal pofleflious around it, the Commiflioners were much difappointed, to find not a fmgle record or paper in the Caftle that afforded anv complete infor- mation on any one right of the Foreft or of the Crown within "it ; and, with the exception of fome books containing the proceedings of the Courts of Swaiiiimote and Attachment, and of entries of appointments of various officers in the Foreft to the prefent time, not a fmgle original document was to be found : and the carlieft proceedings in the Courts of Swainimote and Attachment contained in thole books are of the years 1606 and 1607. On inquiry into the caufe of this deficiency, the Commiflloners were informed that there had been within the memory of perfons now living, a great quantity of Looks, parchments and papers fuppofed to relate to the Forclt, which were depo- frtod 4 SECOND REPORT OF THE fifed in tin -apartment in Wmclfor Caftle employed for that purpofc ; and that fuch apartment, or a confiderable part of it, had been afterwards ufed as a guard room for the -foldicrs who kept guard at the Caftlc, and that thofe papers had been feen there iu much diforder for fomc time after the apartment had been fo ufed; that they were afterwards removed from thence, but by whom or to what place they were fo removed has not yet been difcovered. The Commiffioners having employed part of the month of Auguft and the whole of September, in gaining the bed information they eould from thefe imper- fect papers, and inch otliers as they could then rcfort to, in that month received His Majefty's Commiffion, which authorized them to proceed in the execution of the Act ; :;nd they forthwith gave notice, as the Aft requires, in the London Gazette and other 'Paper*, of their tirft Meeting to put the Act in execution, which they appointed on the ill October 1806, the earheii day they could appoint after the receipt of the Comminion. The Commiffioners met on that day, and devoted it entirely to any explanation that might be required of them, touching the objects of the inquiry, and the courfe they intended to purfue, for the greater convenience of thofe from whom the Com- inifiioners were to gain information, or who had claims to make and rights to fupport ; and then adjourned to a future day, to receive the Claims of Manerial Rights, Rights of Free Warren and Cornmonable Rights, directed by the A6i to be made w-iihin fuch time as the Commiffioners fljould appoint. In die meantime the Commiffioners proceeded the next day in the firft object, of inquiry mentioned in the firft feftion of tiie 46 Geo. III. c. 143. to afeertain the Boundaries of the Foreil, according to an Inquiiition taken in the i fill year of King Charles the Firft. This inveftigation being made by an actual perambulation of the Bounds of the Forcft by the Commiffioners, and by the examination of "Witnefles on oath as to the identity of the fame, employed the Commiffioners the whole of five fucceffive days. The variations between the Boundaries of this Foreft as afcer- tained in-. 17 Cha. I. and thofe which the Commiffioners have been able to trace, arc noticed in their Proceedings, which (as the Aft direfts) will be returned into the Office of the Surveyor General of HisMajefty's Woods, or fuch other office as your L.ordfhips ihall direct. Thcfe variations, however, are fo few and inconfidcrablc, that they do not here require any further notice or obfcrvation. In the courfe of the perambulation, the Commiffioners can fed marks to be made, where it appeared to them -proper that Boundary Stones mould be placed purfuant to the directions of the Act. The Boundary Stones have been pro- cured and marked, and will be put down. Some delay in placing them has arifen-, iirft, from the Commiffioners being requefted to revife the evidence given on the perambulation, and receive fome further evidence in explanation thereof, which the Commiffioners thought it proper to do; and the refill t of fuch revifiou and further examination has proved fatisfactory to all the parties who appeared before the Commiffioner.4, and who could be affected by the Boundary: fecondly, by the doubt ftill undetermined in fome places, as to the property the Crown has in the foil of fuch places. On the gth day of October the Commiffioners met, to receive the claims of Mancrial Rights, Rights of Free Warren and Commonable Rights, which by the iiril mentioned Act were directed to be delivered to the Commiilioners at fuch Meeting as they mould appoint for that purpofe, or within fuch further time as the Cmnmiflioners fhonld, under any circumftanecs which iliould appear to them to make the fame neceflary, think proper to allow for that purpofe ; and it was by the .faid Act declared, that every perfon who mould not deliver in fuch claims, or claim iuch rights and privileges Avithin fuch period as aforefaid, mould be barred and excluded from all i'uch claims, rights and privileges. The claims made before the Commiffioners were in number 85, many of which comprifed claims of all the dcfcriptions mentioned in the Act ; and feveral of them comprehended claims not mentioned in the Act, but of importance to the individuals \\lio claimed them, if they could be eftabliihed, and materially affect- ing the rights of the Crown in the: Foreft. In all cafes where claims were not made in diftiner, fpecific and intelligible terms, on account of want of preparation or information by the Claimants, the Commiffioners gave further time for a more accurate defeription of the right claimed, and for the production of the evidence in fu;>port of it. For COMMISSIONERS ON WINDSOR FOREST. 5 For the greater convenience of the Claimants, the Commiffiouers appointed particular days through the remainder of the month of October to proceed on the claims made in each parifh, and caufed perfcnaJ notice by fpecial meflengers feat to the Claimants or their agents, to inform them thereof, that they might fuller as little inconvenience as pofiible by their attendance in fupport of their claims. Many of thefc claims were made out by fatisfactory evidence, and further time given to every other Claimant who 'alleged either want of preparation or of proper evidence in fupport of his claim, or who even requeued further time for his perfonal accommodation: and the Commiffioners, having proceeded on all the claims where the Claimants were prepared, adjourned to the 5th January 1807. The Commiffioners in the meantime turned their attention to the ftate of the Timber in the Foreft, which by the Act they are directed to do. Some general idea was given of it in their Firft Report, and it will be more particularly noticed in a fubfequent part of this Report. On the 5th of January 1807 the Commiffioners met purfuant to their adjourn- ment, and proceeded in the further inveftigation of the claims made before them, until the i2th of the fame month, and fo long as any of the Claimants were pre- pared to proceed in fubftantiating their rights, many of whom ftill prayed further time for that purpofe, which was granted them. The Commiffioners alfo at this period proceeded to inquire into the purpreflures, encroachments and trefpafles on the foil of His Majefty within the Foreft, amounting in number to 340. And for the greater convenience of thofe who were called upon by the Commiffioners to refift the claim made by the Crown to fuch encroachments, the Commiffioners appointed particular days to proceed on the encroachments within each Walk of the Foreft, and gave a fpecial and particular notice to each perfon fo called upon, of the day in which his particular cafe would be heard, and the Commiffioners fat the whole of each day they had fo appointed. Many perfons however not attending, who had notice, it was thought expedient to give a further opportunity to them to attend ; and an adjournment was made to the month of April, to proceed further on the claims of rights and on the encroachments. The Commiffioners have been more minute in detailing the courfe of their pro- ceedings, than may at firft appear to your Lordfliips to be neceflary; they have however confidered it eflential fo to do, in juftification not only of the meafure which the Aft directed to be purfued, but of their own conduft in the execution of it, both of which, immediately after their Firft Report dated zoth January 1807, were much called in quellion by an application in the fhape of a Memorial, to the perfons then at the head of His Majefty's government, requefting a repeal of the Aft. The principal ground ftated for fuch repeal was, the hardfliip of the zd and 3d fections ; by the firft of which it is declared that all perfons who fhould not in manner and form prescribed by that Aft deliver in the claims, rights, and privi- leges to the Commiffioners, at fome one of the Commiffioners Meetings, mould be barred and excluded from all fuch claims, rights, and privileges ; and by the third feetion, the Commiffioners were empowered to call before them any perfon, cither to give evidence, or to produce any records, court rolls, and other docu- ments in his poffeflion, which the Commiffioners might judge neceflary to ba examined, for the purpofe of the inquiry direfted by the faid Aft. . i In refpeft to the hard/hip of the 2d feftion, the Commiffioners will only ob- fi-rve, that a fimilar claufe is inferted in every common Inclofure Aft ; the reafon of which is extremely obvious, that it would be wholly impracticable to put any iarge traft of land into an improved ftate of cultivation, and to give to every in- dividual his due proportion of it, in a different fhape from that in which he had before exercifed his right upon it, or to preferve to any individual any exclufive right not meant to be infringed by fuch Inclofure Aft, without fouie 'fuch limitation. The better to explain how unfounded the complaint againft the 3<1 fe6tion was, as well as the objection to the courfe taken by the Commiffioners in the exercife of the authority it gave them, it will be proper to ftate the mode of proceeding purfued by the Commiffioners in requiring written evidence in fupport of Manerial or other rights or privileges not direfted by prefcription. As all fuch rights muft have originally emanated from the Crown, the grants -of which are preferved in the public records of the Kingdom, the Commiffioners required a production pf the original grant, or an office copy of it from the rc- 133. B cord, SECOND REPORT OF THE cord, in order to afeertain with precifion what the Crown had granted. Thoy alfo required the Claimant to produce the laft conveyance, will, or other inurn- ment, by which the right claimed had been acquired, fhutting out from their view or inquiry the deduction of the title from the original grant, and avoiding a difclofure of any difficulties that might poffibly, in many cafes, exift in making out fuch-a deduction. Whether the Commiffioners erred in the exercife of the authority given to them by the 3d fection, they muft leave to the decifion of better judgments than their own. They are, however, not confcious that there is any reasonable founda- tion to accufe them of any thing in this refpect, except it be of a too lenient exe- cution of the powers committed to them ; more efpecially when it is confidered that it is the undoubted privilege of the Crown, on a mere fuggeftion of an uftir- pation of its rights, to call on a fubject exercifmg fuch right, whether real or pretended, by an information in the Courts of Law, to fhew by what authority fuch right is exercifed ; in which cafe, it is invariably incumbent on the perfon fo called upon, not only to mew the original grant from the Crown to the right or privilege claimed, but to prove, by ftrict legal evidence, the moft clear and ac- curate deduction of a title tohimfelf, or he muft lofe or difcontiniie the right or privilege entirely. Another objection made to what was required by the Commiffioners was, the cxpence of procuring office copies of grants in cafes where the original was not in the pofleffion of the Claimants. This is eafily anfwered, by the comparative amount of fuch an expence (on an average not more than ,. i o. in each cafe) and the expence of a fuit at law, which it is the duty of the Law Officers of the Crown to inflitute, on any even fuppofed infringement of the rights of the Crown. The Commiffioners therefore conceive it will be obvious to your Lord/hips, that neither the meafures directed by thefe claufes, or the mode of execution of them adopted by the Commiffioners, furnifhed any ground of complaint. The application for the repeal of the Act having been officially communicated to the Commiffioners, and a time appointed for hearing the merits of the Me- morial, the Commiffioners were requefted to attend fuch hearing, in which they hoped to juftify the meafure and execution of it. In the meantime they were de- fired to fufpend the inquiry, until the merits of the Memorial were decided upon. The change in His Alajefty's Government before the time appointed for fuch hearing, prevented its taking place. The fubfequent repeal of thofe claufes, has, in the opinion of the Commiffioners, made it more neceflary to enter into this explanation, on two grounds ; firft, to prevent any conclufion being drawn from the mere repeal of thofe claufes, that they were in themfelves improper, or that the manner of executing them adopted by the Commiffioners had rendered them fo ; and, fecondly, to account for the delay in bringing the refult of the inquiry before your Lordfhips, notwithftand- ing the utmoft diligence of the Commiffioners has been ufed (confiftently with their other neceflary duties and occupations) to make it more complete. The neeeffity, however, of fome immediate adoption of meafures to correct the abufes that have fo long exifted, and to afeertain the property of the Crown in Windfor Foreft, are fo flrongly imprefTed on the minds of the Commiffioners, that they feel it their duty to fubmit to your Lordfhips, without further delay, the belt ftate- ment of the Foreft, which, under all circumftances of time and means, they are enabled to make. The fufpenfion of their proceedings before alluded to, and Mr. Abercrombie's refignation in May 1 807 of his appointment as a Commiffioner, prevented the Com- miffioners from refuming their inquiries till the month of October 1807, when a new Commiffion iflued, appointing Mr. Mitford a Commiffioner in the place of Mr. Abercrombie. The Commiffioners met immediately after the inning of that Commiflion, and devoted the whole of the month of October to investigations in the Foreft of various kinds ; and appointed feveral public meetings, to proceed on the claims and encroachments for which further time had been given in Janu- ary 1807. It was at this period of their inquiry that the Commiffioners felt their difficulties increafed by the repeal of the ad and 3d feclions of the 46th of the King. The perfons who had not before fubftantiated their claims, were not now bound to fupport them by written evidence (by which alone, in many cafes 3 they could be COMMISSIONERS ON WINDSOR FOREST. ) be either fupported, or even made intelligible). Many perfons, notwithstanding- repeated perfonal applications, at firft declined, and have fince refufed, to produce any evidence whatever, in fupport or explanation of their claims; and others have produced fome documents, which the Commillioners cannot view in any light but as calculated more to millead than inform. The Commiflioners, however, are called upon in jufticeto add, that not only "before the repeal of the zd and 3d fe&ions of the 46th of the King, but fince the repeal of thole claufes, many other perfons poffefling very confiderable property, and very extenfive rights and privileges in the Foreft, have, with the utmoft can- dour and liberality, given every explanation, and produced every grant and document in their power, which the Commiflioners have requefted, and have given every poflible facility to the inquiry ; fuch perfons having full confidence, that the objefts of the inquiry are to prevent abufcs, to protect all real rights, and, if poflible (confiftently with a due attention to fuch rights) to procure fome folid advantage to the Public, from an extenfive traft of Land containing upwards of 24,000 acres, now rendered almoft ufelefs from negleft and inattention. From the month of October 1807 till the beginning of January 1808, the Com- miflioners were much employed in reforting to the feveral depofitories of public records and papers, for any general information as to Windfor Foreft, as well as to fupply fuch evidence as had been withheld from them by the Claimants before alluded to. And early in the month of January the Commiflioners met in the Foreft, and appointed feveral days of public meeting, when they proceeded in the further inveftigation of claims and encroachments, at which meetings fome of the claims were Satisfactorily fupported, others imperfeclly fo ; and, notwi thftanding the repeated indulgencies that have been given to the Claimants, the perfonal notice that has been given to them of every public meeting of the Commiflioners, and the length of time that has elapfed fince the claims were firft made, (being 18 months) many of the claims remain wholly unfupportcd by any evidence whatever, others are very loofely and inaccurately ftated ; and fome of them, in the judgement of the Commiflioners, have no legal foundation, though the exer- cife of the right claimed has been of long duration. The Commiflioners being left in this ftate of doubt as to the foundation of many of the claims, have employed themfelves fince the meeting in January laft (as they had alfo done before) in endeavouring to difcover evidence, to fupport, explain or refute fuch claims as were not fufiiciently explained or fupported by evidence; for this purpofe they endeavoured to difcover the proceeding at the laft Court ofEyre held for Windfor Foreft in the 8th year of Charles the Firft, mentioned in Sir William Jones' Reports of cafes determined in that Court, which Reports contain only partial ftatements of the claims and determinations upon fome of them according to the Foreft laws, by no means fatisfactory. The Commiflioners found a reference to the Britifli Mufeum, and to the Afhmole Mufeum at Oxford, for the proceedings at this Court. On fearching at the Britifli Mufeum fome minutes of the proceedings were found, which, however, afford no real informa- tion ; and on reforting to the Aflimole Mufeum, the papers there found produced no further information. The Commiflioners having been favoured with the infpeftion of many loofe and mifcellaneous papers relating to Windfor Foreft, by the Solicitor to the Treafury, from thence difcovered that a very minute furvey of Windfor Foreft was made in the year 1613, by virtue of a Commiflion from the Court of Chan- cery. It would be natural to fuppofe that at leaft a copy of fuch furvey would be found in the Office of the Surveyor General of His Majefty's Woods; on applica- tion to that Oflice, no trace of it was found there. A copy of that furvey has, however, Cnce been difcovered amongft the papers of the Surveyor of the Crown Lands, to which the Commiflioners have had free accefs, and the}' have recom- mended that a copy thereof fliould be depofited in the Office of the Surveyor General of His Majefty's Woods, as it contains an aftual meafurement of all the land in Windfor Foreft, diftinguiflung every inclofure and the owner thereof, and contains much information that may be nfef'ul on many occafions. The Commiflioners alfo difcovered in the Office of the Auditor of the Land Revenue avery complete furvey, taken in the ift and 2d of the reign of Philip and Mary, of (he Caftle and Honor of Windfor, and of all and fingular knights fees, caftle guard rents, aflart and purprefture rents, and other rents, iffucs and profits 'Manors and .Hundreds. Appendix, "N e i. 8 SECOND REPORT OF THE profits of the Pored of Windfor, the Chafe of Cranbom, and of all the Parks to the iaid Cafile, Honor and Foreft belonging or appertaining. The Commiffioners after various fearches at length discovered, that the original of fuch claims as were made at the Court of Eyre in the 8th of Charles the Firft, and are reported bv Sir W. Jones to have been allowed, were depofited in the Tower. On iufpecYmg them, they were found to contain much ufeful information. Copies of feveral of them were procured, and will be depofited with the proceedings of the Commiffioners, as directed by the Aft. The claims made to Hundreds and Manors within the Foreft, and the rights alleged to appertain to them, are fo extenfive that the Commiffioners thought it necefiary to direct their attention, to difcover not only the original grant of fuch Hundreds and Manors as had not been produced to them, but any ancient furveys thereof, to lliew the extent of fuch Manors, where no fatisfaetory evidence had been produced to the Commiffioners on that point; ail the principal Manors being alleged to be co-extenfive with the parimes of the fame name, and fome to contain more pari flies than one. For thefe purpofes they have made diligent fearch in the Tower, and in the Office of the King's Remembrancer of the Court of Exchequer, the Auditor of the Land Revenue (from whence much ufeful informa- tion has been collected) at the Rolls Chapel, among the manufcripts in the Britim Mufeum, and in the Augmentation Office. The Commiffioners have dated in the Appendix to this Report, No. i. the names of the Hundreds, Parities and principal Manors, within the Foreft, in Avhom the principal Manors are now vcfted, when fuch as are in private hands were lad granted by the Crown, and to whom, with the date of the lad public furvey of each Manor that has been difcovered, and where the fame is now de- .pofited. They have ufed their bed endeavours to make this datement perfect, as they are of opinion that it will be neceflary in the firft place to take an accurate view of the date of the property of this nature within the Fored, before any pracYi- cable plan for its improvement can be formed. Though this datement is not fo complete as the Commiffioners have endeavoured to make it, yet they truft it will be found ufeful to a confiderable extent. The Commiffioners difcovered in the Britim Mufeum, amongd the Harleian MS. a furvey of Windfor Fored, taken in the year 1607 by John Norden, in 17 maps, which has been ufeful on the prefent inquiry, and may be materially fo in future. It appears from other documents, that John Norden was a Deputy of the then Surveyor General of His Majefty's Woods. A modern Map of Windfor Fored, taken in the year 1789 and the three fol- lowing years, under the direction of John Robinibn, Efq. the then Surveyor General of the Woods, is now in the Surveyor General's Office. A copy of this Map is in the hands of the Steward of the Fored Court ; and on the very many occafions the Commiffioners have had to refort to the particular fpots defcribed therein, in the courfe of their inquiry into encroachments, and on other occa- fions, it appears to them to be very accurate. The Commiffioners in the courfe of their inquiry have had occafion to examine feveral Witnefles, on different ufages within the Fored, particularly on the Cona- monable Rights, the particulars of which are contained in their proceedings. They have a!fo required from all the prefent Officers of the Fored, an account of their appointments, under what authority they a&, the nature of their duties, and the emoluments they receive; all of whom have made Returns to that requifition, Appendix, :N e 10. which are dated in the Appendix to this Report, No. 20. General Account of Windfor Foreft. From thefe various fources of information the Commiffioners are now enabled to lay before your Lordmips the following State of WINDSOR FOREST. THIS FOREST was formerly of much greater extent than at the prefent time. According to the Inquifition before-mentioned in the time of Charles theFird, and the perambulation made under the authority of the 4th of the King, it extends into the five Hundreds of Ripplefmere, Cookham, Charlton, Wargrave, and Soninge, and comprehends the whole of fome of them, and part only of others. The entire Parimes within the Fored are 12 in number, and it extends into parts of 5 other Parimes. It contains 15 principal or chief Manors, having within them feveral fubordinate or mefne Manors. Of the principal or chief Manors fome are co-extenfive with the Parimes in which they lie, others are not fo, and ;fome of them extend over more Parifhes than one. The COMMISSIONERS ON WINDSOR FOREST. 9 The particulars of the Hundreds, Parities, and principal Manors, and in whom Appendix, they are now veftcd, are ftated in the Appendix. No. i. The whole quantity of Land in the Foreft, according to the Survey and Map before-mentioned, taken in the years 1789 and the three following Acres. R. P. years, amounts to - 59,600 o o Of which the inclofed property of the Crown amounts to 5,454 2 6 The private inclofed property of Individuals - 29,025 2 36 Open Wood Lands on the Waftes of different Manors - Open Heath and Commons, the Waftes of dif- ferent Manors Land covered with water - Total inelofed Land - - 34,480 i z 2,230 o 28 Total Open Foreft Land - 22,233 o 39 165 i 9 - 2J,628 2 36 Encroachments inelofed by individuals from different Waftes, but claimed bv the Crown - - - 24,628 2 3$ 491 o j, 59,600 o o Appendix, N* to N 1 8, both in- clufive, The quantity of Land in each Parifh and principal Manor, diftinguifhing the inelofed property of the Crown and of individuals ; the proportion of Wood and Waiie, with an account of the mefne or fubordinate Manors ; the Rights erf Free Warren, Commmonab'te and other Rights claimed in each Pari/h within the Foreft ; are ftated in a particular Account of each Parifh, in the Appendix, numbered from 2 to 1 8, both ir.clufive, comprising the 12 whole Pa rimes and parts of 5 other Parishes within the Foreft. The whole quantity of Land in the feveral Parifhes, and the nature thereof, appears in a fnmmary of the contents of all the Parifhes, in the Appendix, No. 19 ; Appendix, N to which is added the Population of each Parifh, according to the Return made to Parliament in 180.1, and the amount of the fums received for the Poor in each, Pariih, according to the rates made in 1806. The Courts appertaining to this and all other Forefts are, the Swainimote 'Court, the Courts of Attachments, and the Courts of Jufticc Seat or Court of Eyre. The firft Court was anciently held three times a year ; the laft Court of Swainimote held for Windfor Fon 'ft was in the year 1728. The Court of Attachments was an- ciently held every 40 days, and is on that account called frequently the Forty Days Court. The Court of Attachments for many years paft has been held only twice in a year in Windfor Foreft. No Conrt of Juftice Seat or Court of Eyre has been held for this Foreft fmee the 8th of Charles the Firft. The nature of t-hefc Courts, and the ancient exercife of their powers, are defcribed Manwood, p. in Mr. Juftice Manwood's treatife on the Foreft Laws, firft published in the latter end of the reign of Queen Elizabeth, and again published, with confiderable addi- tion- and ! 'gal determinations of the Courts of Law, in the year 1717. Sir William Black ftone in his Commentaries has alfo deferibed thefe Courts, and ftutes " tiu't no Jnftiee Seat has been held fince that in the reign of Charles Fi'ir, or-; i 'f ])( after the Reftoration another was held pro forma only before ' the Earl of Oxford." That Nobleman was Chief Juftice in Eyre South of Trent, and to that- extent the learned Judge is correct ; but in the 1 5th Charles the Second a Court of Juftice Seat was held for Sherwood Foreft, before the Marquis of Newcaitle Chief Juftice in Eyre North of Trent, at which Court important bufinefs Ava> tranfacted. The learned Judges afll-rtion, that " fince the time of the Revolu- * tion in 1688 tlte Fopcft laws have fallen'into total difufe," muft alfo be under- i in a qualified i'enfe, as it is contradicted by the practice in many of the .ui'i'.'ipul Forefts, where the Courts ofSwainimote and Attachments are yet held. It lias with great truth been obferved by another legal Character, ftill more im- mediately of our own-times, that their proceedings have fallen into difufe becaufe they luiv;; been found to be in a great degree ufe'efs, " a Rod more mocked than Fraud." They were enveloped in form?, and eafify evaded, like a lawcd log, too mutilated to catch their game. Blaekftone Com* vol. iii. p. 73. 14th Rep. Comm Land Revenue. 133- c But .no SECOND REPORT OF THE But this author obferves, that the liberality of modern times, with feutiment 'not fenfe for its guide, affecting to tremble at a Foreft Court held before Verderors who by the conftitutions of the Foreft muft be gentlemen of the country, chofen by the Freeholders of every defcription of the county, and who (except Coroners) are the only judicial officers in the country, chofeu by the people at a Court when the faft of guilt or innocence muft be decided by a jury of 1 2 men, Freeholders of the Foreii, armed with every prejudice in favour of the fuppofed delinquent, and having both law and faft in "their hands, has rather chofen to trull to a fum- rnary jurifdicYioh, before Juftices of the Peace chofen by the Crown, in which the ancient conftitutional trial by jury is forgotten. The Commiffioners however propofe avoiding, in this flage of their proceedings, any particulars of the infufficieney of thefe Courts, and of the Foreft authorities as at prefent conftitutcd, as that will more regularly -be brought by them under your Lordlhips' view, when they mall be more prepared than they are at prefent for the confideration of what mall be the future plan of managing the Foreft ; and proceed to ftate the prefent couftituted authorities in -the Foreft, and the names of the feveral Officers in whom they are vefted, with fuch obfervations only as . appear moft regular to be made -in this Report. Thefe Officers are, a Lord Warden and his Deputy, four Verderors, an Out Ranger, Steward of the Foreft Courts, Riding Forefter, Woodward, Head Keeper and Under Keepers of the fifteen different Walks into which the Foreft is divided. M Two of the Head. Keepers claim their offices as hereditary by grants from the Crown, and two others are now held bv patent from the Crown during: nleafure. Duke or tiloucener _, . '_ . . . , . rf [ \ c ^ -\\T j i Am / .andthoTrinceis So- * tlieie may be added, the Surveyor General ot the \\ oods, \\ ho is an Olhccr of jJiia of Gloucefter.,. authority in this, in common with all the other Royal Forefts. The names of the prefent Officers, and the Returns made by each of them of . the nature of their fcveral appointments, the duties of their offices, and their Appendix, N QO. emoluments, are Hated in the Appendix, No. 20. State of Hundreds The ftate of the Hundreds, and-of the Manorial Property within the Foreft, the and JManwial Pro- latt g r of wluch g enera iiy i nc ] u des the Right to the Soil of Waftes, and the Timber thereon (except in particular cafes of Woods belonging to the Crown, in Manors whereof the Crown is not Lord, and which will be hereafter noticed) may be feen Appendix, K i. jn the Appendix, No. i. It is there fhewn, that the Crown has undifputed poffef- Munors of-Bruy ; f lon o f only two Manors within the Foreft, namely, Bray and Cookham ; that .and Cookhum. the Manors of New Windfor and Old Windfor are claimed by the Crown, and a " a ^ ^7 a P r ' vate Pi'rfon ; but the Commiffioners have every reafonable ground to prefume that they are in the Crown. The Manor of Bray is in leafe (of which about fix years-remain unexpired) to Lord Cardigan, who is Truftee for the King Manors of in Jii s private capacity, and only part of that Manor is in the Foreft. A great ' -P art of tne ^ anDr o{ Cookham is not in the Foreft, but contains two whole Pariflies within it; viz. Binfield and Sunninghill, over which the Crown is Lord Paramount in right of the Manor of Cookham, and as fuch entitled to all the Wafte and Timber thereon in thofe Pariihes; this Manor is alfo in leafe, of which about fix years -remain unexpired to Lord Cardigan, who is a Truftee for the King 3Vinkfield. in his private capacity. The Fee Simple of the Manor of Winkfield is alfo vefted in Lord Cardigan, who is a Truftee for the King in his private capacity ; that Manor, however, is not co-exteniive with the Parilh, and there is fome Wafte Land therein, which is not within the Manor, but belongs to the Crown, and not to the King in his private capacity, .Manor of Clewer. The Manor of Clewer is vefted in Arthur Vanfittart, Efquire; but the Trees, Woods, and Underwoods are exprefsly referved to the Crown in the grant of the Manor. The quantity of Open Wood within this Manor is about 230 Acres. Bear Wond. The Crown is alfo entitled to an Open Wood called Bearwood or Berewood, in the Parifhes of Wokingham and Hurft, containing about 200 Acres, and which is in the Manor of Soninge. Other Manors in All the other Manors within the Foreft are vefted in private Perfons, and the the Foreft. owners of the principal or chief Manors, claim in right thereof the Soil of the .Appendix, N i. feveral .AVafte Grounds and Commons within their refpeftive Manors, and the Timber {landing thereon, fubject to the Rights of the Crown in refpeft of the Foreft, fuch as Right of Chace, Feeding Deer by depafturing the Waftes and Commons, taking Browze Wood, and other Foreftal Rights. The Right of Free Warren has been claimed as belonging to each of thefe Manors, and alfo in feveral other particular places in the Foreft, by fpecial grant, COMMISSIONERS ox WINDSOR FOREST. n and net ns appendant to any Manor ; all of which arc noticed in the Account of each I'anlli, and the claims made therein, in the Appendix. No evidence, how- Appendix, N* a to ever, has been given to the Commifiioners of the exercife of the Right of Free IN l8 > '"eluUve. Warren, either as againft the Crown or as againft private Perfons ; it may -be therefore quelUonable, whether that privilege is not loft by non-ufer. It is within the Manors of Bray, Cook ham, and New and Old Windfor, that are veiled in the Crown, and in the Manor of Winkfield which belongs to His Majefty, and the Woods belonging to the Crown before-mentioned, that any material improvement in the Foreft, and of the growth and cultivation of Timber can be immediately expected. It will be proper, therefore, to take a view of the quantities of Open Wood and Wafte Land, and of the inclofcd property of the Crown and of private Pcrfons within thofe Manors. The quantity of Open AVood in fudi part of the Manors of Cookham and Bray Wood in OookTiam as are within the Foreft, and which Manors are ve'fted in the Crown, fubjeel to and Bray. the unexpircd leafe thereof to Lord Cardigan, is 367 Acres. And the quantity Wafte in Cookhara of Open Heath and Wafte Lands, in that part of thofe Manors that are 'within and Bra ) v the Foreft, is abo:;t 3,300 Acres. There are 775 Acres of Open Wood, mtheParifh of Winkfield, belonging to Wood in Winkfield. the Crown, in a Wood called Cranbourne Chafe or Wood ; part of that Wood is within the Manor of Winkfield, but is the property ef the Crown, and not tlie right of the Lord of the Manor of Winkfield. The quantity of Open Heath and Wafte Land in the Parish of Winkfield is Wafte in "Wi&kfiell nearly 5,000 Acres; the greater part, of it is within the Manor of Winkfield; the foil whereof belongs to the Lord of the Manor. The remainder of the AVafte in that Parim belongs to the Crown ; but the exacl quantities of the Crown and the Lord of the Manor are not afcertained, though the Boundary Line of the Manor is wcil known. The quantity of Open Wood belonging to the Crown, in the Manors of New Wo,->d in 'New anil and Old Windfor, is 3 30 Acres; and the quantity of Open Heath and Wafte Old Windlbr. Lands in thofe Manors, the foil of which is vefted in the Lords of thofe Manors, Wafte in D . is about 1,100 Acrc-^. Theinclofed property of the Crown in fuch parts of the Manors of Bray and ineMeA -Property of Cookham as are within the Foreft and in the Parities ef Winkfield, New and Old ? C .? >OW1 ' .'"i ii. Tf m, i ' r /. . ^- Cookham. u mkh V'.'mdlor, amounts to about 5,300 Acres. Ihe mclofed property of private Per- New mi.i ow Win fons therein is about 10,300 Acres, and the quantity of Open Heath and Wafte Land is about 9,400 Acres. Total w.te Land mx. The whole quantity of Open Wood in the above Manors, and winch belongs Total OpcnWoud i D, to the Crown, is nearly 1,500 Acres. The Wood belonging to the Crown in Wood iu ciewer Clewer about 230 Acres ; and in Bearwood about 200 Acres ; making together and Bear Wood. about 1,900 Acres of Open Wood. Though theft: Manors are pointed out for immediate improvement, the Com- miffioners hope that the Lords of other Manors may be convinced bow much it will be to their own private advantage, as well as a public benefit, to come into fome amicable arrangement with the Crown, by an exchange and feparation of rights, which are now fo intermixed as to become nearly ufelefs, either to the Crown or the Individual. If the Commiflioners fliall be difappointed in their expectations in this refpeft, it will remain for the confideration of Parliament, whether the growth and cultivation of Timber for public purpofes is of fuch high national importance, and the fituation of Windfor Foreft fo peculiarly adapted for it, as to compel a juft and reafonable fatisfaction to be accepted for fuch rights as ftand in die way of obtaining that object. In fuggcfting any Plan of Improvement of that part of the Foreft vefted in the Crown or in a Truftee for His Majefty, the Commiflioners feel confident that Ihey fully anticipate your Lord/hips wilhes in eftabliming, as a firft principle, the eonfidfcration that fhould be had, not only for the private interefts, but for the wimes of His Majefty, in refpecl to the alteration of the ftate of the property vefted in his Truftee. And on this point I Its Majefty has gracioufly condefcended to authorize the Commillioncrs to ftate, that His Majefty, as far as his private ; interefts may be afTecled, will readily concur in thofe meafures for the improve- ment of the Foreft, which are hereinafter fuggefted. .In the contemplation of any plan of improvement, it will be very necccifary to. confidcr the Rights of Common of various defcfiptions, and other rights claimed in and over the Wood*, Wafte?, Common, and Timber, intended to be improved. The 12 SECOND REPORT OF THE The rights of this defcription claimed before the Commiffioners are particn- Appdi.x, N2 to forty defcribed in the account of euch Pariili contained in the Appendix, No. 2 t -NM8, mduiive. -j^ lg inc i u f 1V6j which umy j je f umilie d llp as follows : Right of Common of Pafture for all cattle in all open places within the Foreil at ail times of the year. Common of Turbary. The right of cutting Heath, Fern and Furze. Right to cut, dig, take and cany away Turf, Gravel, Sand and Loam. Maftagc and Pannage in the Woods. Browze Wood and Rootage in the Woods and Foreft, and right of cutting the fame. On all thefe rights, as claimed and exercifed, it will be neceffary to make fome obfervations ; and it may be faid of fome of them, that their meaning has been grofsly perverted, and of all of them generally, that they have been exercifed for many years paft, in a much more exteniive manner and by a greater number and defcription of perfons than is warranted by the laws of the Foreft, or than is -confident with the rules laid down by the common law of the land, acknowledged in ancient and confirmed by modern determinations of the Courts of Lav/, for the regulation of rights of that defcription. The Foreft laws muft neverthelcfs be eonfidcred (as they have been by all writers on the laws of this country) as a part of the law of the land. In con- 331aekfioe's Com. firmation of which, Sir William Blackftone fays, " That the Court of Eyre or vol. iii. 73. Juftice Scat is a Court of Record ;" and adds, " Therefore a Writ of Error lies " from hence to the Court of King's Bench, to rectify and redrefs any mal-admi- " niftration of juftice ; or the Chief Juftice in Eyre may adjourn any matter of Coke, 4th Inilitute, " law into the Court of King's Bench," and cites Lord Coke in fupport of his *95, 297. aflertion. It will be neceffary therefore to confider thefe rights with reference to the Toreft law, and alfo to the common law ; nor can it upon any equitable prin- ciple be ol)jc6ted, by thofe who owe the exercife of thefe rights over fo extenfive a di ft rift, to the circumftance of fo large a traft of Land being an open Foreft, 'that they ought not to be governed by thofe laws, whereby alone it has been preferred in itsprefent ftate, as, by the Conftitution of the Country, all the land 'therein is deemed to have been originally the land of the Crown; and if this had been originally granted out by the Crown as other lands have been, and either continued as Waftes or cultivated by the Owners, the Claimaints of ti .rights- would not exercife them. It fee-iris inconfiftent, too, with every principle of a legal prescription, to prefcribe for one right in a Foreft as at common law, without any of thoib rcftriftions ne- ceffary to the maintenance of a Foreft; and in the fame claim to prcf::ribe for another right, to be exercifed in the fame place and on the iV.mefpot of ground, which not only can alone be prefcribcd for in a Foreft, but which cannot by any poffibility.be exercifed in any other place than a Foreft. The Rigiits of Maltage, Pannage, Browze Wood and Rootage, are of this laft defcription. Ivltanvood, 89. Mr. 'Juftice Manwood, in hisTreatife on the Foreft Laws, fays, " An inhabi- ". taut of a Foreft may prefcribe to have common appurtenant as belonging to D, 86 93. " his houfe and lands; and inch prefcription is good at the common law, ant! likewife by the Foreft law; but no man can prefcribe to have Common in a Foreft for Goats, Geefe, Sheep and Hogs ; becaufe," he fays, " fucli a pre- Sheep prefeription for Common within a Foreft, the Courts of common law recognize, the Foreft law, and govern their determinations confiiti&ntiy with them, and not by the rules of the common law alone. It is however admitted univerfaliy by the common lav/, as well as by the Foreft laws, no man can common with a greater number of beaits than he can Maiswood, gG. fupport on his inclofed land during winter ; and that in a Foreft he can only Ib. Qf t . common with fo many beaits ss.'fhaH leave fufficient common for- the Deer, other- v.'.iie he is liable to a furehaT^, for which there.is a remedy by the co.'nmon law, , becaufe by 'fuel i i'nrciiargetlie wild'bcafts are driven to find pasture in other places. 1 J>n>v' C V--'<5 3 " ^"^ ^' ' !e ^ urc ' u l i: 5 e u fecondtimc, he ihull ;;;:y damages to the party gricvrd, and COMMISSIONERS ON WINDSOR FOREST. 13 and the fupernumerary beafts mall be forfeited to the King by the Stat. of Weflminfter the zd, cap. 8. But it cannot be denied, however unwillingly it may be admitted, that there is no reftriftion as to the number of Deer the Crown may keep in a Foreft. This then alone narrows the Right of Common of Pafture in a Forefl. Another reftriftion of Common of PaRure in a Foreft, is the period of the year in which the Common can be ufed. By the Foreft laws, none but the King's Manwood, 7 & 8, Agiftors could have commonable beafts in the Foreft, from 15 days before Mid- fummer until Holy Rood Day, which is 15 days before Michaelmas O. S. ; and for a. month of the firit part of this period, namely, from 15 days before Midfummer till 15 days after, being the month called the Fence Month, which is the fawning feafon, by the ancient Foreft law, a more rigid reilraint was impofed as to the Ib. 136. free ufe of the Forefts. The Foreft lliould again be cleared at Holy Rood Day, which is 1 5 days before Michaelmas O. S. ; the time for Maftage and Pannage then begins, and ends 40 days nftenvards. The only periods therefore during which by Foreft laws the herbage or common of pafture can be enjoyed ia a Foreft is about two months, that is, from i^ days before Midfummer to 15 days before Michaelmas, v/ith the exception of the Fence Month ; and the Maftage and Pannage for about '5 days, viz. from about 15 days before Michaelmas till 40 days afterward?, when the winter leyning begins. The exercife of the Right of Common of Pafture in Windfor Foreft, as proved before the Commiflioners, hns been neither conformable to this law of the Foreft nor to the rules laid down by the common law ; it has been ufed to a much greater extent than is allowed by that law, by a greater number of perfons than are by law entitled to it, with all defcriptions of cattle, without any diftiriftion of what are or are not commonable, either by the common law or the Foreft law, and at all times of the year, in direct violation of the Foreft law before fia< The Comniiffioners hav^ entered more largely into the confideration of the Right of Common of Pafture, not only as it is one of the moft valuable rights to individuals within the Foreft, but it is one that ftands moft in the way of the improvement of it, and, as it is at prefent exercifed, calls for fomc necoffary regu- lations to bring it within its legal bounds. The Commiflioners therefore intend lit re.ifter to fubmit fome fuggeftions to your Lord/hip's for that purpofe, which it is hoped may be beneficial to thofe who are entitled to real Rights of Common' of Pafture within the Foreft. As to the Right of Common of Turb:iry, it is conceived fuch a right cannot exift in a Foreft; the exercife of which is fo deftructive to the purpofes of it. In none of the treatifes on Foreft Law are to be found any regulations refpefiling it, as th^re are relating to every other Commonable Right that can be exercifed in a Foreft; and this nm ft have peculiarly called for regulation and reftraint, if it had boon confidered as a right. It has however in fact been long exercifed in Windfor Foreft, and the Commiflioners will fpare any further obfervations on this pretended right, as the opportunities this inquiry has given them, of knowing, the wants of the poorer inhabitants of this diftrift have fufficiently convinced them, that (confiftently with humanity) it cannot be prevented, though it ought to be put under regulations that will be equally ufeful to thofe who are to enjoy it, and render it lefe detrimental than it now is to thofe whofe real rights are rt;.'4 SECOND HEF-ORT OF THE very alarming evil appeared to the Commiffioners, at one of their firft public meetings under the Act, to exift, in confequence of an unwarrantable perverfion of the terms " Browfe Wood and Rootage," by which the inhabitants fet up aright to all the large limbs, and to the root of every tree either felled or blown down in the Foreft, leaving little more than the trunk to be taken by the Officers of the Crown, the Commiflioners, in their Firft Report, endeavoured to explain this practice, with a view to fome immediate check and refiftance being made to it, and which they are informed has been effectually made in every inftance that has occurred. The beft attempt they can here make to afford any reafonable pre- Appendix, N'ai. fumption of the meaning of the word Rootage, is to fet forth, in the Appendix, the claim made, at the laft Court of Eyre held for this Foreft, by the men of Winkfield. In order to bring into one view all the obfervations that arife on the various Commonable Rights, the Commiflioners have thought it proper here to tran- fcribe the pafluge in their former Report on this particular fubjeft, which is as follows : " It appears to have been formerly the cuftom of the Keepers to whom the " management of the deer was intrufted, to cut off the lops and tops or tender " twigs from the trees (and which has been for a great length of time diftinguifhed " by the name of Browfe Wood) ; and thefe twigs or browfe wood were left on " the ground, in order that during the fevere weather the deer might ftrip off the " leaves and bark ; and when the twigs could no longer be ferviceable as food for " the deer, the inhabitants of ancient tenements in the neighbourhood were " allowed to carry away the browfe wood for fuel. The inhabitants of ancient " tenements appear alfo to have enjoyed a privilege termed Rootage, or the right " to turn pigs, under certain reftrieiions, and at ftated periods, into the woods, for " the purpofe of feeding on acorns and beech mads. By a moft unwarrantable tl extenfion of the privilege of taking browfe wood, the inhabitants at large, " without any reftriclion as to ancient tenements, have of late claimed a right, *' either in the cafe of a faH of timber by order of the p roper Officer of the " Foreft, or in the cafe of a tree being blown down, to carry away the largeft " branches, leaving little more than the trunk ; and by a moft extraordinary " perverfion of the term " Rootage" they have claimed and carried away the " roots of the trees. Though thefe pretended rights with refpect to lops, tops and e proper to obferve, that it has appeared on the examination into thefe Encroachments, that feveral Perfons have for many years pad paid an annual acknowledgment to the Lord of the Manor in refpecl of fuch Encroachment. Thus fome of thofe payments have been made in Manors belonging to the Crown, and in other inftances to the Lords of other Manors. Leave from the Parifh has in many cafes been alleged before the Com- miflioners as an authority for the inclofure, which it will be proper here to explain. A practice has of late years prevailed in feveral Parifhes within the Foreft, for Perfons wifhing to inclofe fmall parcels of the Wafte, to apply to the Pariih Officers for leave fo to do ; this is granted at a Veftry, and a price fet on this leave, in all cafes equal to, and in many inftances far exceeding, the moft exaggerated value of the Fee Simple and Inheritance of the Land ; the common price being from 20 to 28 . an Acre of the moft barren heath. No reference is made to the Officers of the Foreft ; the owner of the foil receives no compenfation, or is even confulted on the occafion. Large futns have been raifed in this way in feveral Parishes, to the amount of many hundred Pounds. The mode of application of thefe fums has not appeared in evidence before the Commiffioners ; and they are deprived, by the Aft of the 47th of His Majefty, from taking any effective means of difcovering the truth ; the Commiffioners are precluded by that Aft from com- Sfie Qd fe pelling the production of any written document, and no Perfon by that Act is ^ Geo^lll. compelled to anfwer to any matter by which his intereft may be liable to be im- chap. 46, ' peached. How far this may be a proper fubject for judicial inquiry, is fubmitted , :to your Lordfhips. By iG SECOND REPORT OF THE By the 1 3th fee!, of the 46th of the King, ch. 143, the Commiffioners are re- quired to inquire concerning, and aicertain (with a view to their being alienated from the Crown) any fmall parcel of Land within the Foreft, belonging to or claimed by the Crown, and intermixed with or lying about or adjoining to the lands of individuals which are not valuable to the Crown, for the purpofe of railing Timber, or any other purpofe of the Foreil, and to make a report thereof to your Lord/hins. In the profecution of this part of the inquiry, the Commifiioners have in very vnany inftancv.; taken an achial view of the Encroachments, and in others have been enabled,, from a description of them in the Map, to forin a fufficient judg- ment of their fituation, to afoertain how far they are or are not valuable to the Crown, for the purpofe of raifing Timber, or any other purpofe of the Foreft. And they are of opinion generally, that none of the Encroachments would be valuable to the Crown, for the purpofes of the Act, and that all fuch as have been made on the foil of Manors within the Foreft belonging to the Crown might be very pro- perly alienated, with fome exceptions in particular cafes, where detached Cottages have been built, in fituations from whence it will be very deiirable wholly to remove them, as well for the protection of the Timber and Deer in the Foreft, as upon other grounds oi civil policy. In the fuggeftions that will hereafter be made for the future improvement of the Foreft, the mode of carrying this into effecl will be more particularly pointed out. It may be proper here to obferve, that many of the Encroachments are made on the Wuftes which are not vefted in the Crown; and though the Crown has not the . r.iv the late Major General Cox and his family, but has been long defcrted. The land attached to t Lodge is all arable. To the north of it, a piece of wafie land has been inclofed with a bank and rail, but no pains have ever been taken to redeem it from the fwampy ftate occafioned by a ftream-head immediately in it. The Comniiffioners cannot avoid recommending thefe buildings to be immediately taken clown, and the materials difpofed of, otherwife great. part of them mull foon become of no value whatever, and only give encouragement in winter feafon to thieving. The Lodge belonging to the Out Ranger the CoiumiiTioners have not feen; thev -cannot however avoid obferving, that it appears to them to be entirely ufelefs to the Crown in the prefent ftate of the Foreft; and though the office of an Out Ranger might in former times be neceffary, they do not conceive that fuch an Officer, confidering the number of Deer in the Foreft, and its prefent ftate in other rcfpefts, is now of any ufe whatever, and that the duties ftated by the Out Ranger, in his explanation of his office to be performed by feven Drivers, mis-lit be very reafonably performed by the Keepers of the feveral Walks. The Corn- miffioners alfo feel it their duty to remark, that the falary of . 600. per annum, flated by the Out Ranger to bo allowed for the duties performed by himfelf and his Drivers, exceeds by near .. 100. per annum the amount of the falaries of all the other Officers and Keepers of the Foreft of every defcription, being twent v- feven in mimber, as will appear by a Lift of thofe Officers and their refpeft falaries. The whole amount of the falaries of thofe twenty-feven Officers (exclu- five of an allowance of . 80. per annum for Hay for the Deer in Bigfhot and S\vinley Walks) amounting only to ..511. %s nd. per annum. The Steward of the Foreft Courts appears to have had no falary whatever ; and he ftates, that his emoluments, arifing from fees from that office, do not exceed thirty millings per annum. He ftates, that he has reafon to believe, two annual allowances of .2$. 6s. Sd. and ..54. os. od. were formerly made for the duties of thofe offices that he performs, but that he has never received either of them. The Commiffioners conceive, that he would not be overpaid if thofe allowances were made to him; and they cannot avoid recommending that a com- penfation mould be made to him for his paft fervices, and fome proper provifion made for compenfating him for fuch trouble as he may have in any future regu- lations that may be made in the Foreft ; it being in their opinion abfolutely jaeceflary, that a perfon of that defcription ihould be refident in the Foreft, to whom COMMISSIONERS ON WINDSOR FOREST. 19 whom applications may at all times be made relative to any irregularities that may arife and require immediate correction. Having gone through the feveral heads of inquiry directed by the Act, and in the couiTe of Hating each, having made fuch obfervations as have occurred to the 'Commiffioners; it remains for them, purfuant to the directions of the izth feet ion before ftated, to point out proper places which may be fet apart for the growth and cultivation of Timber, and to fugged fuch plans, rules and regulations for the future management and impovement of the Foreft, as they are by the Act directed to do. The difficulties that (land in the way of future improvement of the Foreft, owing to the various rights and privileges of individuals, and the intermixture of thofe with the rights of the Crown, may have been collected in a great degree from what has been before ftated. Thefe arifr in fome parts of the Foreft from the rights of the Lords of Manors and Commonable Rights ; and in others, principally from the Rights of Common, where the Manorial Rights are veiled in the Crown, or in a Truftee for His Majefty. Another difliculty arifes in the way of fuggefting any plan for improvement, from the confideration, whether the Commonable Rights are to be regulated by the laws of the Foreft or by the common law; if by the former, it will be feen, from what has been before ftated, that the common law right will be very much narrowed. The Commiflioners however have thought it beft to form fome plan, on the foundation of the Commonable Rights being re- gulated by the common law; not intending thereby to lofe fight of all confidera- tion of the reftrictions of thefe rights which are impofed by the laws of the Foreft, but becaufe the common law right forms a more certain andfubftantial bafis, on which any fyftem of regulation can be formed, and intending to proceed on a principle of mewing the utmoft the law will allow the Commoner in any poflible cafe, leaving to the confideration of Parliament to what extent the re- ftrictions that might be put on the common law right, by reforting to the laws of the Foreft, mail be enforced or relaxed, in order to accomplim a great national object. The Commiflioners are directed to point out the proper places which may be fet apart for the growth and cultivation of Timber. They are obliged in that refpect to confine thcmfelves to thofe places, in which (according to prefent fubfift- ing or claimed rights) it is practicable ; though there are many other parts of the Foreft that would, in point of foil and fituation, be equally proper for that purpofe. But at prefent no Improvement in the growth and cultivation of Timber can be attempted by Parliament, but where the Manors are vefted in the Crown, and in fuch Open Woods as belong to the Crown, though fituate within Manors belonging to private perfons ; nor can the particular fpots within fuch Manors be pointed out in a Report of this nature, though they have in a great degree been Telected by the Commiffioners. A discretion muft however be given, to extend, contract or vary fuch fclected fpots of ground, according to circumftances that may arife, and which cannot now be forefeen. The Commiflioners have in their former Report ftated it as their opinion, that. it will be impoffible to preferve the Timber at prefent in the Foreft, or to fecure the growth and cultivation in future, unlefs fuch parts of the Foreft as mall be appropriated for thole purpofes are inclofed, and held by the Crown in feveralty, fh-cd and difcharp <1 from all Commonable Rights whatsoever. The firft ftep, that, in the opinion of the Commiflioners, mould be taken, is to inciolo all the Open Wood Land in the Foreft belonging to the Crown, which they compute to be about 1,900 acres, of which near 1,500 acres are within Manors vefted in the Crown, or in a Truftee for His Majefty; 200 acres or thereabouts are hi the Manor of Clewer, which belongs to a private perfon ; and 200 acres are within the Manor of Soninge, which is alfo the property of a private perfon : that fo much of the Wafte Land as the Crown can, by any Manorial or other right, attach to thofe Woods, fhould be added to and inclofed with the Woods, for the purpofe of extending them ; that where fuch Wafte Land cannot be fo acquired, adjoining to the Woods, that as much as can be gained in other places, and in as large plots as may be, Ihould be inclofed for the growth and cultivation of Timber. It may be proper to confider in what rights fuch Wafte Land may be acquired in feveralty, confidently with the Commonable Rights, afluming for the prefent, that thofe rights are to be regulated by the common law. 2o SECOND REPORT OF THE By the common law of the land, and alfo by the ftatute of Merton, and othrr sinticnt ftatutcs for the approvement of Waite Lands, which flatutes have been recognized in more modern A6ts of Parliament, arid have been a6ted upon in flnticnt and modern de-terminations of the Courts of Law, the Lord of a Manor or any perfon feifed in fee of Wade Lands, though not Lord of a Manor, may inclofe Waftes or Commons to the foil. of which they arc entitled, leaving fufficient Common for thofe who are entitled to it by law. There is no doubt therefore, but the Woods before mentioned (except thofe in the Manors of Ciewcr and Soninge, may be inclofed, under the fubfifliiag laws for the improvement of Wafte Lands, there being, in the feveral Manors in \\ Inch they are lituate, more than rnv.plo Common for the Commoners, independently of any Common of Pafture thofe Woo* Is afford; leaving them fubject or not, as may be judged beft, to Pannage under the ordinary Forcft regulations, which prevent fwine from doing any injury. The Crown has, befides the right as Lord of the Soil of fuch Manors as are vefted in the Crown, the Foreftal Right, which, as it is before ftated, is a very important one, as it refpecls Common of Pafture. The proportion of the Wafte that, the Crown is entitled to, in either of thefe rights, is not afccrtained by any legal rule, except that a Lord of a Manor in ay approve and inclofe Common or Wafte Lands to any extent, leaving fufficieuf Common for the commoner, as regulated by law. The proportion generally given to a Lord of Manor, on Inclofure A 5s, is from a i5th to a zoth part of the whole Wafte or Common within the Manor, as a compcnfation for the right to the foil ; and the general allowance to the Lords of Manors, in the Inclofures in which one of the underfigned Commilfioners has been emploved, has been of a fixtceiith. Only one inftance has come to the knowledge of the Commiflioners as to a compenfation for Foreftal Rights ; this arofe on an Inclofure of fome Wafte Lands within Sherwood Foreft, where the Leflee of the Crown (and who flood in its place as to all fuch rights) accepted a twentieth part. This however is prefumed to be inadequate, and the Fort- fial Right is deemed fully adequate to ihe Manorial Right, if not much fuperior to it, as the former is regulated alone by the common law, on which the Foreft law imppfes very ftrong reftrictions, and materially leffens the Right of Common of Pafture, as regulated by the common law, in places out of a Foreft. Prefuming therefore that the Woods are firft inclofed by way of approvement, it may be reafonable that the Crown fhould on that account accept a fmallcr proportion than a fixteenth, which is ufually given to a Lord of Manor on an. Inclofure, and mould alfo accept nearly in the fame proportion a compenfation for Foreftal Rights, independent of the Woods. It is computed that the Crown might by accepting moderate cornpenfations for the Manorial and Foreftal Rights obtain in the feveral Manors before mentioned at leaft 1,000 acres of Wafte Land. The proportion of Wafte Land which the Crown would be entitled to in refpecl of its inclofed land within thofe Manors (after deducting the Woods, and appro- priating moderate cornpenfations for the Manorial and Foreftal Rights) may be eftimated at 1,500 acres, making in the whole about 2,500 acres of Wafte to be inclofed for the purpofe of planting for the growth and cultivation of Timber ; which, added to the Woods belonging to the Crown within the Foreft, amounting to about i,qoo acres, would make in the whole between 4,000 and 5,000 acres. Thefc calculations are not offered as accurate, nor can any fuch be made, until it is determined what proportion of W r afte Land mall be given to the Crown as a -compenfation for the Manorial Right, and what for the Foreftal Right. From the foregoing ftatement fome general idea may be given, of what can be gained to the Crown on the principles before flated. In refpeft to the Woods belonging to the Crown within the Manors of Clewer And Soninge, in which Right of Common and Maftage and Pannage are now claimed, a compenfation might be made in Clewer for fuch rights as exift in the Crown, by a furrender of the Foreftal Rights there, as the private property of the Crown within that Manor (independent of the A\ f oods) is inconfiderable ; in the Manor of Soninge a compenfation might be made, by giving up a part of the proportion of Wafte the Crown would be entitled to in refpect of private lands -vrithin that Manor. If it mould be objected, that on this plan the Crown would, by inclofing the Woods in the Foreft in the firft inftance by way of approval, deprive the Com- moners of any Cbmmonable Rights they may claim in the Woods, and afterwards take COMMISSIONERS ON WINDSOR FOREST. zi take a proportion as Ix>rd of the Manor ; it is anfwered, that the value of the Commoiiiible Rights in the Woods, if any exift, beyond Manage and Pannage, is inconfui Table ; that on the propofed plan, a lower proportion than that ufually given to a Lord of a Manor on an inclofure, and a fimilar proportion as a com- penfation for Foreftal Rights, would be accepted by the Crown, and the reftric- tion on the exercifeof Rights of Common (confining it to a very finall portion of the year) which the Foreil law impofes, would be entirely furrendered to the Commoners, and that if they can afterwards agree upon an inclofure of the remain- ing part of the Common, they will have no Manorial or Foreftal Rights to inter- fere with any fuch views, and that they will in the meantime enjoy their Com- mon free of thofe rights. On the belt confideration the Commiffioners have been able to give thisfubjec\ they are fatisfied a plan of this kind would, under all circumftances, be more beneficial to the Commoner than any enjoyment of the Common he can have in its prefent ftate, and in a greater degree advantageous to him than to the Crown and the Public, more efpecially confidering the reftrictions that might be exer- cifed againfl the Commoner by the laws of the Foreft. If it fhould be thought roafonable to put thofe reftriftions in force in any degree, if not to the whole extent to winch they might be enforced, the Right of the Common muft be pro- portionably narrowed, and the acquifition of Wafte Land to the Crown be confe- quently increafed. Another confideration will arife as to the quality and fituation of the Common that will be left open; and on the propofed plan the perfons entitled to Common will have an advantage, as that part of it which is propofed to be left open for them, will be the neareft to the inclofures, and which in all cafes is by far the beft and moft valuable part of the Common ; and the more diftant part that will be left open, will fupply fern, heath, and turves. The foil however of the open part ihould be conlklered as remaining vefted in the Lord, for the purpofe of preventing encroachments, and fubjeft to other internal regulations, ufually made in the Lords Court ; but it mould be exprefsly provided, that in cafe the Commoners ihould afterwards agree upon a general inclofure, the confent of the Lord mould not be necefiary, nor mould he have any future allotment. It will be a further advantage to the Commoner if fome regulation is made relative to Common Rights, that can be enforced in a fummary way ; for inftance, if the proportion of Common, as between the Commoners themfelves, was regu- lated, To as to prevent perfons from (locking the Common who have no right, and to reftritt thofe who have within their proper limits; alfo refpefting the Furze* Heath and Turves, which are now taken indifcriminately, and often by perfons %vho have no pretence of right, and who make fale of them, or ufe them for brick kilns or other purpofes of inordinate confumption. And though regulations of this nature may be confidered as not immediately applying to the principal objecl of this inquiry, yet they are fo connected with it, and will give to the Commoner, who'Jias an undoubted right, fnch a material improvement in the value of his Common Rights of all descriptions, and prevent abufes that now exift to a great -extent, that the Commiffioners have thought it worthy of attention. The Commiffioners are concerned to ftate, that in this view of the fubjecl not more than 4,000 or 5,000 acres of Wafte Land, out of 24,600, can be appropriated to the growth and cultivation of Timber, if the Commiffioners nave juftly efti- mated the rights of the Crown and of individuals^ they have endeavoured there- fore'to find fame principle upon which the plan may be extended, cither i the Manors before alluded to, or in the other Waftesof the Foreft, which>( Comm" of Land -every fcheme of Foreft ciutivation, fimilar to what, has been purfued in thefe Forcfts. Thereafon, we are perfuaded, is, in addition to .the one dated by the 433. ^" Commidioners aa SECOND REPORT OF THE 5th Rep., p. 23. Commiffioners of Land Revenue, that in thofe fchemes no other means were con- ceived of renewing the growth of Timber within the plamations, but by a re- petition of manual labour, which firll eftablifhed them. To infure fuel) a ivnewal, Government mud at all times fleueud upon a very peculiar defoliation of dili- gence and judgment of its 'Foreft Officers; not on a diligence and judgment which every Officer is at all times called upon to exercife raid apply, and tlicrt-fcre, among the other ordinary duties of fuch Officers, are at once known to bu re- quired of everyone as fooii as he is appointed to the truft, but which only be- comes nccefl'ary once perhaps in half a century. There is this further rcafon asjainft the iuccfrfs of their former fchemes, that every replanting of the Wood muft be- a matter of finance, and in many refpefts of troublefome confidcnttion. From th^fl' circumfhmce's, which have attended every former fche'.Tir- adopted for Forefl culture, the Commiffioners do not admit the conehlfion, that Gdvernmeiit cannot fucceed in fome more iimple plan, upon the principle of affifting the fpantaneous production of trees, as the moft probably effectual metliod of iufuring valuable Timber in the Forefts. The means of procuring a Home Growth of Navy Timber, am moft important fubjects for Parliamentary confideratlon, inasmuch as they mutt be piirfued oa an extenlive fcale ; too extenfive to admit of trufting to a hope, expectation, or even promife of equal fnpply from private individuals, who mult and will at all times, from various caufes, change their plans of making profit of their lands ; befides that, the land-owners are not to be found who combine in themfelvcs funds, extent and iituation of land, circumftarices of property, and the genius to conceive and execute the project, and who can at the fame time forego prcfent income to eftablifh Woods calculated to a/ibrd a profpoct of fupply for the con- tinued consumption, of Naval Timber in this Country. It is conceived alfo proper to ftate fome peculiar advantages that Windfor Forefl affords for an extended plan of planting for the purpofe of rearing Timber. The great remaining Wafte of 20,000 Acres, over which fuch a plan might be extended, is not worth the expence of cultivation for any other purpofe than for Timber.- Had the Commiffioners no other ground for giv ing your Lordmips this polltive aflurance, the opinion would be warranted by fome fmall fpots of ground in the middle of it, planted many years ago, which fhew, by the large Trees of Oak and other kinds now {landing on them, that the furface foil, poor as it is, and fcarce capable of being made ufeful for any other purpofe, have fubftratum which will bear Timber of the firft growth, and of great fize and value. The cir- cumftances, of the Forefl being bounded on one fide by the Thames, and the Bafingftoke Canal communicating with that River, leave no part of the Wafte of the Foreft that might be improved, diftant more than ten miles, and many parts of this much lefs diflant from the moft convenient and leaft expenfive conveyance for their produce. The Foreft itfclf, by the fale of detached pieces of Wafte Land, and of fuch Timber as is decreafing in value and is not fit for Navy purpofes (after fupplying what would be neceiTary for inclofures and other needful works) would fupplv .ui .ample fund, not only for the firft expence of planting, but for providing annuajly for fuch management and fuperintendance as will be neceffary to infure advantage for fuch an undertaking. If any doubt mould be entertained, how far the Foreft will in itfelf furnifh fufficient refources to meet the expence of fuch an improvement, it might be limited to fuch a gradual progrcfs of it as would not exceed the resources that might be derived from the Foreft. If it iliould be thought proper to purfue a more extended Plan of Improve- ment, it would not be unreasonable, for the attainment of fo good a National objeft (which has been done in moft great undertakings) to compel thofe, whole rights now Hand in the way of it, to accept a juft and reafonablc compenfatiou for them, many of which are of very inconfiderable value ; or, if that mould not be thought expedient, the Commiffioners have conceived that a fufficient induce- ment might be found in permitting thofe perfons or communities who fhail waive thofe rights, to participate (in proportion to the extent they mail concede them) in the future profits of the undertaking, which would have an additional advantage, that it would give a large clafs of perfons an intereft in the improve- ment of the Foreft, and difpofe them to facilitate and protect, rather than-obftruct or deftroy, the cultivation of Timber. " COMMISSIONERS oH WINDSOR FOREST. 23 The Gommiflioners think it neceflary to add, that fucli a participation of profits in a great undertaking is neither new nor impracticable: It has been reduced into praf-iee, and has been the fource of great public advantage to the County of Chester, where, from fuch a participation of the .profits arifnig from making the River Yi'ever navigable, funds have been derived from the Tolls of the River fullident (after paying every annual cxpencc of that undertaking) to 'build an extrnlive County Gaol, Courts for holding the Great Seflions and" their Appendages, Bridges, and many other County Works of great magnitude, on which tlu- fum of /. 80,000 and' upwards have been expended, and which fum miift otherwife have been raifed by Rates on the County. The nature of the propofed undertaking is certainly very different from that of making a River navigable or cutting a Canal. The profits of Planting are however certain, if care be taken in the firft inftance, and that is followed up with diligence and attention. Nor is the profit fo diftant as may at firft view be fuppofcd; it is not to 1)0 waited for till the age of an Oak's perfection, as fuited for Naval .purpofes : if the firtt expeuce of inclofmg and planting is defrayed by the Public, or from the refources of the Foreit, a Plantation made of a reafonable thicknefs, with every encouragement given to the growth of Thorns throughout, in a few years will begin to produce a profit from Thinnings, and will perpetually keep up it felf by means of the nurfing protection afforded by the Thorns to the Saplings which will continually fpring up from the fall of Acorns. In refpe<5t to the particular Rules and Regulations to be made for the future management and improvementof the Foreft, it is not polfible, in the prefcnt ftate of the Foreft, to point out minutely all that will be necefiary, until it mall be determined to what extent the improvement ihall be made; looking, however, to the Foreft in its prefent ftate, and to the protection of the Timber now in it, and groM-th and cultivation of it in the places which can be now appropriated for that purpofe, many regulations will be ncceffary. The Woods in their prefent ftate are open to every fnccies of depredation and deftruction. The principal Officers of the Foreft are all honorary ; they cannot be expefted to attend to it ; indeed fome of them have no connection with the Foreft, or even with the County. The inferior Officers are fo ill paid, that they cannot devote fo much time as is neceflary even to obferve the continual abufes and depredations that are committed ; and if they could, the laws of the Foreft are inadequate to correct the mifchiefs ; the only remedy is a prefentment at the next Court of Attachments, held perhaps eight, or nine months after the act done, and even then, no fummary or ultimately effective remedy is provided to correct the abufes, which are fo various, and have been fo long pra6lifed, that in many inftancos a fort of prefcriptive right to exercife them is fet up, and is extremely difficult to imprefs on the minds of the inhabitants, that, becaufe fuch abufes have been long practifed, that they are not fanctioned by law. Though the Crown property and rights in the Foreft can only be contemplated ns a wreck of what it has once been, yet the mattered remains are of value to be preferved, and for that purpofe an entire new jurifdiction is abfolutely neceflary : even if no cxtenfion of the ufefulnefs of the Foreft lhall be refolved on, the various otlences which are ufually committed in the Foreft mould be dcfcribed, and cer- tain penalties and punifhments annexed to the commillion of them, and a fum* mary proceeding inftituted to correct them. In refpect to the management of the Foreft, either in its prefent. or any im- proved ftate, it will be neceflTary that the prefent Woods, and the rearing of Timber in other parts of the Foreft, mould be put under the management of fome judicious and active perfon rending in the Foreft, and who is practically conver- fant with the care of Woods and Plantations. This perfon will neceffarily have much confidence placed in him for fkill and diligence, and he mould be adequately- paid. He il:ouid have under him a certain number of Woodmen, in fome degree converfant with the care of Woods, who mould be ftationed at proper places in the inclofed Woods, and at the fame time be the Gatekeepers at the feveral avenues to fuch inclofures where it will be neceflary to have gates. The fame perfons might alfo execute the duty of Gamekeepers, and look after the deer inth* feveral diftrifts that may be allotted to them, according to the general conve- nience of the inclofures that may be made, without any reference to the Walks into which the Foreft is now divided. That this defcription of perfons mould be -adequately paid, -doing away any pretence to other emolument, except what xnajr .24 SECOND REPORT OF THE may be thought proper to induce them to devote their whole time to the duties of their office. Knowing from experience that the allowance of perquifites leads to .invention of moans to multiply the fources, the Commifiioncrs cannot too ftrongly recommend their tolal abolition. The Underkeepers of all the Walks have an .intere.il in the ftarved condition of the Deer in the Foreft, becaufe they are per- .mitted to moot, as their perquifites, the fawns of all Does deemed by them too weak to rear their fawns;; and they have an intereft in conniving at any mifchief done to the Trees in tke Foreft, as all windfalls are their perquifites. That the perfoits who are entrufted with the care of the Woods, and all the - perfons under him, mould be fubjeel to the controul of the Surveyor General of 'the Woods mid'Forefls, and to the inquiry of thofe who Iliould be appointed by His Majefty to enforce the laws that may be made relating to the Foreft ; and .that fuch perfon fhonld at ftated times in the year, or at any other times when .called upon by the Lords of the Treafury, or Surveyor General of His Majefty** Woods, or the perfons authorized to enforce the laws relating to the Foreil, make .Returns of the ftate of fuch part of the Foreft as mall be given him in charge, and of the Hate of the Timber therein, and the works done relating thereto, be- tween the times of making each fuch Return. That all Keepers of Woods, Walks or Lodges, either hereditary or by letters of .patent, iliould be exempt from the duty of attending in any degiee to the execu- tion of fuch plan as may be adopted for the improvement of the Foreft, leaving .to the difcretion of His Majcfty the power of continuing or abolishing any emolu- ments they at prefent derive from their offices; except, that none of them mould, .under any pretence or claim of right whatever, by way of perquifite, profit, or .emolument, dircftly or indirectly, have any tree, trees, windfalls, firewood, or what are called, in the old language of the Foreft " neceffary Botes ;" or have or take timber for repairs of their Lodges, or under any other pretence, or on any account whatever ; the Commiffioners being decidedly of opinion that all fuch claims tend only to abufes of great magnitude, r far exceeding any pecuniary compenfation that it would-be reasonable to make to thofe Officers in lieu of any .fuch emoluments, and which the Commiffioners conceive to be very trifling to -theOfficers themfelves, but which afford the ground and opportunity of great abufes by inferior perfons. That authority iliould be given to treat and agree withtperfons who have made Encroachments in the Foreft, for the fale to them of their Encroachments, or for the continuance of them, on fome fmall acknowledgement where the foil belongs to his Majefty; alfo in other places, without being liable to be difturbed therein in future by -the Foreft laws, and to remove fuch Encroach- ments, where it may be neceffany, and to make fuch compenfations as mall be thought proper according to circumftances ; and alfo to treat and agree for the fale of fuch fmall and detached parts of the Waftes of the Foreft as belong' to the Crown, and as are not neceffary for the future improvement of-the Foreft. The Commiffioners, however, feel themfelves called upon to prefs upon your "Lordlhips one important faft, which has ftruck them in the eourfe of this inquiry; .and the fame will ftrike every reafoning mind the more forcibly as inquiry is made the more extenfively for the truth; that nothing more favours irregular and lawlefs habits of life among the inferior clafs of fociety than fcattered and fcqucftered 'habitations. And it is on this account that in Pari flies bordering on. any extenfi ve Foreft it is hardly pofiible to find a collected village ; and we believe the fao> exilts jio where elfe. The exceptions of the town of Wmdfor.and Oakingham in Windfor Foreft, of Lyndlmrft and Bewley in New 'Foreft, two of them with their Charters, and all with their Fairs and Markets, are obvioufly accounted for. .But the inhabitants of all the other Pariihcs around thefe Forefts live in widely Scattered dwellings, affording means of committing their various depredations with the leaft chance of detection. The Commiffioners ftrongly recommend the removal of thefe fcattered cottages to the utmoft extent pollible, and cd!!t -cling them intoclofe Hamlets, perhaps of not lefs than ten families, with a'Conftab'e in each Hamlet. The habits of each individual become thus known to the whole community, and the confequences muft be wholefome to everyone, as. retraining .a propenfity to 'thieving ; and wholefome to the country at : large, as affording ready means of watching the fufpicious characters, checking the ill difpofed, and detecting the guilty. It was upon thefe principles that the Great Alfred arranged .his wife democratic branch of our civil policy. As far back as a record can be found of the exiftence -of a Foreft in this country, COMMISSIONERS ON WIXDSOB. FOREST. 15 country, it is remarkable that records of equal antiquity prefeut themfclves of depredations committed in the Forefts. And even at a remote period, when timber is fuppofed moft to have abounded in this country, and of courfe to be of leaf! value, Cart, de anno rc-ni a remarkable inftance occurs of the Crown commuting, on terms obvioufly extra- ' Itl! - JH. 4^. in -2. vagant, a fmall annual claim upon the Woods in Dean Forefl; which may be fairly To the Abbey of prefumed not a fingle inftance of a fimilar tranfaction, becaufe of the enormous Flaxley. depredations to which the exercii'e of the claim gave occafion. Thefe, and all other depredations, with every kind of intriifion and encroachment on this Foreft of'Windfor, theCommiffioners muft apprize your Lordmips will daily gain ground, as long as this Foreft, in common with all the other Forefts, remains, as your Lord-* mips mud be convinced they are, almoft out of the protection of any law. It is upon the various confiderations that arife on this view of the^Foreft, that the Commiflioners would urge your Lordlhips to refort to the firft principles of our civil policy, to correft the lawlefs habits of the intruders in the Foreft, who, by be,- coming ftich, have placed themfelves fo far at your Lordlhips difpofal ; and their removal into collected habitations, under all the circumliances of the neighbouring country, will neither be inconvenient, expenfive or difficult. It will be neceflary to give a large and full diferetion to the perfons who ar* intruded with this duty, coniiftently with fome general principle that mould be laid down for their guidance ; and alfo fubjeft to the controul and approbation of the' Lords of the Treafury, in all cafes of alienation or compenfation to be made beyond a certain amount. The Encroachments are fo numerous, moil of them fo fmall, and the peculiar circumftances of each form fuch a number of various confiderations, that it is difficult to make any general regulations refpecting them. The fame perfons might alfo be authorized to treat and agree with fuch perfons whofe rights now ftand in the way of future improvement, for an exchange or waiver of thofe rights, for other advantages to be derived in another lhape, that may be more beneficial to them. As theCommiffioners, from the befl confideration they have been able to give the fubjcci, have formed expectations very favourable to the Plan they have pointed out, that it will be attended with great public benefit, and bring no expence with it but what may be derived from the Forefl itfelf ; they very ilrongly recommend that the expences of carrying it into execution may be clearly afcertained, and for that purpofe, that an exnft, and fep'arate account may be kept of the monies that may be derived from the Foreft by the various means beforementioned, by fetting a value on all Timber employed in inclofures or other purpofes, bringing to account all monies received for Timber or Wafte Lands, and paying thereout all expences of planting, or in any wife relating thereto ; that all fuch monies mould be brought into one fund, and received and paid under the controul of fuch one or more Officers of Government as mall be thought proper, and exaft accounts thereof kept, and tranfmitted at ftated times to the Lords of the Treafury, or oftener if required by them ; that no Timber mould be cut without their Warrant, as is now the cafe, and that, not without fome previous report by fome Officer of the Crown, that the fame is proper, and expreffing the purpofes to which it is to be applied. It will be impoffible, as has been before obferved, to point out every regulation that may be neceflary to fuch a plan of improvement. One great object will be, to have a judicious perfon to take the active execution of it, and to fubjeft his conduft to continual obfervations and controul by fome perfon or perfons near the place where the duty is to be performed ; and by the fame controuling power to prevent as much as poffible every kind of impofition and abufe, and enforce continued attention to the execution of the plan. To this extent the Commiflioners are enabled to report to your Lordmips the inquiries they have purfued, and the refult of the attention they have given to what they have conceived the duties of their Commiffion. As far as they have niggefted any plan for improving or managing this Foreft, they beg to be undcrftood in a qualified rather than pofitive fenfe, inafmuch as their wimes lead them ftrongly to conceive, that the meafures your Lordmips will recommend, and Parliament will adopt with refpecl to this Wafte of 24,600 acres, may afford a field for improvement by Timber cultivation, which may render it neceflary to fuggeft a morecomprehenfive plan of management than the one which they have chiefly had in view in this Report. C Tht a6 SECOND REPORT. &c. The Commiffioners have had for their principal object in this Report, to reprc- fent the ftate of property in the Foreft, the doubtful and the difputcd rights over every acre of this Wafte, and the poilibility of any party concerned making any profit or advantage of what is claimed as his property ; and of the importance to the Country at large, as well as to the individual Claimants, to have all rights fpeedily and fairly adjufted. When your Lordmips mall have determined how thofe rights fhall be adjufted, confequently how the property in the Wafte of Windfor Foreft fliall be allotted, the Commiffioners will be prepared to give in detail a Plan for the larger or for the more limited cultivation of Timber, and to fuggelt better means of managing what may remain to the Crown of the Foreft in future. The Commiffioners prefume to urge to your Lordfliips their full conviftion, that unlefs this inquiry is followed up with determined ailertions of the Crown Rights in this Foreft, this inquiry muft, like all that have preceded it with regard to other Forefts, have the effe6b of encouraging the neighbourhood, collectively and indivi- dually, to bolder a&s of ufurpation againft the Crown than any that have come to the knowledge of the Commiffioners ; with the additional advantage given to the inhabitants about the Foreft, that hereafter they will have to ftate, in defence of their claims againft the Crown, any negleft which may be deemed a dereliction of the rights which the Commiffioners entertain no doubt the Crown may now maintain. (Signed) JOHN MITFORD. JOHN VERNON. 5th May 1808. JOHN WICKENS. SECOND REPORT or THE COMMISSIONERS On the Suite of WINDSOR FORES T. Ordered, by The Ilonfe of Commons, M be priiiled, \1tli April 1809. 133- APPENDIX TO THE SECOND REPORT OF THE COMMISSIONERS On the State of Windfor Forcft. Ordered, by The Iloufe of Commons, to bt p/A May i 8 y. 11 LIST, Appendix, N" i. Statement of the Hundreds --- - ---p. 29, RIGHTS o( Common of various defcription, and other Rights claimed in and over the Woods, Wufves, Common:;, and Timber; in tke following Parillies ; viz. N* 2. Parifh of New \Vindlbr - - - p. 31. K 3. - - - Old \Vindfor - - - - - - - - -- -p. 3?.. Is* 4. - - - Clewer - - - p. 34. K 5- - - - Bray - - - ... - !> 35- V 6- . . . u'inktifld - - p. 36. K 7. - - - Simninghill - - ------ p. 38. N' 8. - - - Wai-field -._-.-- - P- 40. K 9. - - - White Waltham - - - - p. 41. K 10. - - - BintH'W - - - - p. 42. K 11. - - - Eafthampftead - -------p. 44. N 12. - - - Sandliurft - - - - p. 45. NO !_ . . . Fiuchampftead - - - p. 46. N* 14. - - V Barkham ---- '.-.. p. ^y. N" 15. - - - Wokingham - - p. 48. N 16. - - - Hurft - - p. 49. N 17. - - - Arborfield - - - p. 50. N* 18. - - - Swallowfkld - - p. 51. N 19. SUMMARY of the Contents of the Parifhes wilhin the Foreft ofWimJfor; with the Number of Inhabited and Uninhabited Houfes; Number of Families; and ftute of Population in 1801 ; And the limit, collected for the relief oi the Poor in 1803; and . the Rate in the Pound of the Aflfefi'ment - - pp. 5-2 53. N 20. Lift of the Officers of Windfor Foreft, and their reflective Salaries: With their Returns to the Requilitions of the Comnnffioners, ftatin^ their feveral Appointments, the nature ot their Duties, and their Emoluments - - - pp. 54 to 60. N" 21. Claim of the Tenants of \Vinkfield at the Court of Eyre, 24th Sept. 9 Chas. I. - p. 61. N* 22. Schedule of Encroachments made on the Wafte Land in the feveral Walks in Windfor Foreft -i ; . - - - - - - - - pp. 62 to 67. N 23. Copies of Letters between the Commiffioners and the Surveyor General of His M.'jrfh's Woods, us to the Timber in \Vindfor Foielt - p. 68. N -24. Examination of James Burn, Woodward of Windfor Foreft, to the Surveyor General - ibid. K 25. D - - - John Smith, Uuder-keejjer of Bigttiot Rails Walk - - p. fig- 2 9 Appendix, N* I. STATEMENT of the Hundreds, Parifhes, and chief Manors in Windfor Foreft ; in whom veiled ; when granted by the Crown ; the date of the lull Survey ; and in whole pofieffion. Names of the HUNDREDS. Names of the PARISHES. Kami's of the Chief or Principal MANORS. In whom now veued, and \ hcn granted by the Crown. Date of the laft Survcyj aud in wMofe PolTefiion. llIl'l'LESMEKE. New Windfor. Old Windlor. New V> incifor. Old Windfor. In the Crown. In the Crown. N. R. The manors of New and Old Windier are claimed by James Payn, el'q. Survey made aift March, 2 d James I st , 1605 ; in the office of Auditor of the Land Revenue. TUPPLESMERE. Clewer; part only in the Foreft. Clev /er. Prefent owner, Arthur Vanfittart, efq.; granted by the Crown i4*Ji February, 13 Charles 11. 1663, to Geovge Duke of Albe- d Ann L;s wife, and the liwrs male of their ith an exception of nil trees, woods, and un- IIM lue walie, containing by eftimation 500 ng near or within the Foreft of Wmdlor ; and ieeding deer in aud upon the walie and there. Survey made igth March, 2 JameS I. 1605 ; in the office of Auditor of the Land Revenue. marie, ai bodies, w der woods- acres, lyi liberty o common BRAY. Bray; p:;rt onlv in the Fore it. Bray. In the Crown. At prefent in Itafe to Lord Cardigan, in truft for the King ; about fix years unex- pired. Survey, 2 James I. 1605 ; in the oHire of Auditor of the Land Revenue. RIPPLES-MERE. Winkfield. Winkfield. Not coextenfive with the panlh. Prefent owner, 'Lord Cardigan, in truft for the King; granted vjoth Apni, 31 Henry VIII. to Anthony Lilys andRrchard Ward, in lee. Survey made 14th March, 13 Jjmes I. 1616; taken by thi- ftewurd and tenants o the Manor. In pbfiel- lion of the fteward of the Manor. . COOKHAM. i Suniiinghill. A Member of the Manor of Cookham. In the Crown. The manor of Cookham is on leafe to Lord Cardigan, in truft lor the King ; about fix years unexpired. Included in Survsy of Cookham, loth Oct. 6 James I. 1609 ; in the office of Auditor of the Laud Revenue. WARGRAVE. Wurfield. Warflel J. Prefent owner, Lord Braybrooke. Grant- ed with the manor of Wargrave, 2'2d Sept. 5 Edward VI. to Henry Neville, eiq. and LofTe, and the heirs and affigns of the faid confirmed by a judgment on an information icon's Bench, EaiterTerm 13 Eliz. No Survey of this Manor has been dif- covcred, ' Winifrec Henry ; in the Qi BENNERS11. White \\ altliam. The Crown, in 1807, confented to an inclofure of the wa(1e lands in this parilh, and to take an allotment out of the 400 acres of the wafte of this Manor, which is withiu the Foreii, in lieu of ali l-'oreftal Rights. COOKHAM. Binfield. A Member of the Manor of Cookham, 4 111 the Crown. In leafe to Lord Cardigan, as above. Included in the Sur- vey of Cookham, lotb Odlober, 6 James I. 1609 ; in the office of the Auditor of the Land Revenue. RIPPLESMERE. iiafthampiiead. Eaftliampftead. Prefent owner, Marquis of Downfhire. Granted ipth May, ;)6" Henry VIII. to Leoiwrd Chamberlaine, efq. in fee. No Survey of this Manor lias been dif- covered. ! continued.} 3 APPENDIX to the SECOND REPORT OF THE [N- i. Appendix, N 1. continued. Names of the Names ot the NMMK'S of the In whom now vcftcdj Date uf llu: lal't. Survey, Chifi or J'rincijtal and and HUNDREDS. PARISHES. :M \\OKS. when granted by the Crown. in wlii) e Pofieflion. SONNINGE. Saudhurft. Sandhurft. Prefent owner 1 licluud Ileavifide, efq. No letuiliir Survey of The .Mil nor _. ranted in the 41)1 v far of tliis Manor has been Queen Elisabeth, to John Malbn, 111 fee. diicovcjfi! ; but there is .fome account of it in a burvey of tbe Manor of Snnr.inge, taken in Juiy, 91!) James I.; a copy whereof is in the office o; t:,c . s u \eyor General of His ]\!ajeftv's Woods; and the. Lo d of the Manor ot Sonninge claims a paramount right over the manor of Sandhurit. CHA11LTON. 'inchampftead. Fincbainprtead : Granted goth July, 11 Edward 11. to Divided now into Robert Achurd, us one entire iuar.or. two Manors called I',a(l Court and No Survey of thefe Well Court. The .Manors has been dif- lime of the divi- co\ uie.d. lion not known. Finchampftead, Prefent owner, Cbsrles Fyfhe Palmcr,fq. Eaft Court. Finchainpftead, Prefent owner, the Reverend Ellis St. \Veft Court. John. CHARLTON. Barkham. Barkham. Prefent owner, General Gower. No Grant from the Crown, or Survey of this Manor, has been difcovered. In an antient Record, called Numina I'illanim, 1316, it is called 1 inchampftede cum ISerkeham. SONNINGE. Wokingham ; part only in Sonninge. Fra* Pym, efq. and others, truftees for Robert Palmer, efq. There, is a very mi- nute Survey of the the Foreft. an infant, prefent owners. manor of Sonninge, Hurft; part There are no manors of Wokingham, Ilurft, or Arborfield; made in July, 9th of only in the but fo much of thefe parifhes as are within the Foreft are in- James I. 1612, when Foreft. cluded in the manor uf Sonninge, which for time immemorial to it was in the hands Arborfield ; the reiyn of Queen Elizabeth, as well as the Hundred of this of Charles, P. ince entirely in the, name, belonged to the Bilhops of Salisbury, and were, exchanged of Wales, afterwards Forelt. by Edmund, hifliop of Suiifbury, with Queen Elizabeth, in the Charles the III. made by iCth year of her reign (1574) for liurds in Dori'edhire. John Norden, Deputy The Manor, but not the Hundred, by a grant in the 41)1 <>f the then Surveyor year of the reign of Charles 1. was granted with feveral lands General. therein particularly mentioned, to Lawrence ilalfted, and A lira- A C9 3. 2. 20 J, S 39- 3- 'H - - 25 and IN 11 in L)t? r of OPKN FOMK3T LAN!) : Number of Number of :Koufes & Cottages. s^ Pr'va*c TOTAL Iioulcs Houfes r Heath Inclofrd of and Cuttages and Cutla^es llll't Coniu.ua. V.'ood. . \VatL Proucrty. Statute Acres. in 1801. in Hi 13. A. U. P. A. II. T. A. R P. A. R. P. A. U. 1'. The Survey of ir>13 i _ iHijK'rfccl as to the r.nm- 1 37 . 2. 28 220. o. 4 32. o 390. 2, 24 ; !,6'iO. -2. 15 bi'r ot lioufes and (,'ot- - tages in this Purilh. Niinie and . Dcfcriptimi of ]>v whom Evidence produced ^ianor or K'^lu Claimed. Clainred. RIGHTS and PRIVILEGES Claimed in refpea thereof. in fupport of the Claim. The Manor JoLn Seeker, The fee-fimple and inheritance of the Manor. A furvey of the faid 2 of efi|. And all timber uud oilier trees, woods, underwoods, and Manor 2 lit March, 2d ^ ~^ of the great and rectorial tythes of New and Old Powney the elder, and Riolory and devilee in trul Windfor. .lohnl'owneytheyoun^er, foliage of of I! And all timber and other trees, woods, underwoods, and of the manor, lordliiip, (>'il and New llherwood, coppices, common of pafuiie, and turbary commons. rectory, and paifoiwge, Q Windfor. efq. of Did and New U'indlor, and the tythes thereof; ~?.o W dated 12th and 13th June 4 Wafte eroi:nds and the foil thereof, filherics and filhin^s. Court Rolls of the o Cuurt-lcet, view of frankplediie and court-barun, waifs, rectory manor, trom i9 c ft rays, eicheats, free warrens, &c. &c. &c. Charles 11. 1666 to -this a time. K" conveyance trom i\ir. - Posvney to Mr.Irtierwood in 1780'. Probate of the will of Henry Iflierwood, f. dated 22(1 March 1788. X Manor -of Tylc Ja' Payn, efq. The fee-funu'c-a nd inheritance thereof, with all rights Conveyance of faid ao alias as devilee in thciflo belonging in the comities of Ueiks and Surrey. Manor 2oth June, 20 Eli s Tyle Place, trull of ^iibeth, from LdwardTile ' with a Mel- H en ry Jrn Jnlin Mnrl*>yj in fpp fuage and inrolled in Chancery. Lands 'efq. 17, from Edward Morley to Robert belonging. Barker, lit October, 4 James I. 1;, from llichard Mejd to Henry Iflier- 1 wood, iSthAtiguft 1787. APPENDIX to the S R C O X D R E P O RT OF T rn? 2. Appendix, N 2. Parifli of NEW W I N D S O R continued. Name and AJdn-ir or Hiijht Clkifued. By whom Claimed. RIGHTS and PRIVILEGES Claimed in refjn-ft thereof. Evidence produced in fu'iport o( the Cl.i'm. -t^ 5 t M O O C ttJ o ss 1 '!"' Sit:' of tlxi Manor anc Lordlhip ci New ar.d Old Wind tor. Jj." Payn, cfq. as dcviiec in truft of Henry Imerwood, The fite of the faid Manor and Lordlhip, confiding of a capital mefluagc or iruintinu hmife, with ollices, gardens, lands and premifes, l:eld by letters patent granted by ilin prrfi-nt Mnjefty to Penifton Portlock Pownev, decealcd; anil by him afiigned to Henry Kherwood, efquirc, for 35 years, from the 8th of July 1798, at the yeaily rent of .6. 17. 6. The origin;)! letters P'ttent, dated -jotii Feb. .784. Manor of YYindfor Underore. MayorJiriilifTs, and liury,e!tes of the Borough of New Windfor. All their rights, privileges, and emoluments, as a body corporate. The fee-fimple to them and their fucceffors of the faid Manor, with all its rights, royalties, members, and appur- tenances. And all their meffuages, lands, grounds, tenements and hereditaments, common*, waftes, and all other rights, privi- leges, and appurtenances thereto belonging. The following Charters: i fith .Spt. -2'j Henry VT. loth March, '2 K' * _^^_ Private Inclofcd Property. TOTAL of Statute Acres. Hnufes Ac Cottages in 1801. Koufes & Cottages in 1C13. Houfes & Cottagci fince 1613. r~ Heath and Common. \Vood. ~~~v Water. A. II. P. A. R. P. A. R. P. A. R. P. A. R. P. ',008. o. 18. 11O. O. O 34. o. o l,28l. 3. 19. 5,401. 2. 24 124. 47- 77- fcontinucd.J N' 3-] COMMISSIONERS ox VvTttD'SOR FOREST. Appendix, N 3. Parilh of OLD W I N D S O \\ continued. N:i!iic in;d J5y ivboni Evidence produced Manur or lUglil Claimed. Claimed. RIOIITS and PRIVILEGES Claimed in refpcdl thereof. i:i fi>[>|iort of llie Claim. The Manor John Seeker, The fee-fimple a-.id inheritance of the Manor. A fnrvey of the. faid r 5 of t-'q. Ani all timber and other tices, woods, mdcr.voods and Manor, 2ilt March, a C "^n Old Wmdfor. on bell. i!f of copjMi-es, commons, heaths, v.'uUe grcm-.ds. and the foil James L X. ~ the Crown. theieof; fiilieries, filhings, rights, royalties, and appurte- Copies of Icafes from < Ij nances, of what nature or kind foever to the iaid Manor the- Crown of the lite of <", x belonp'ng. the munnr of New and U. | And all courti of what nature or kind foever to the faid Old Windfor, dated >- Manor belonging, efcheats, waifs, eltravs, dcodand.s, aoods 6 th Dec. 4 J allies I. and chattels of felons and fugitives, and ail roy.i! privileges 27th June, Jl W m III. wbatfoever. 20th Feb. 24 Geo. III. The Manor John Seeker, The fcc-limple and inheritance of the faid Manor, and of A furve.y of the faid of tlie eitj. the lands thereto belonging (but not the tythes, which with Manor, included in the Rectory of on behalf of the reclory, but not the Manor, were granVed 28th April, 1 1 above furvey of the ma- t^} Ola Wmdfor the Crown. James I. to Francis Morris and Francis Phillips in fee) and nor of Old Windfor, -2 lit O which Manor was afterwaids leafed by the Grown, to John March, 2 James I. Po\vi;ev, by two feveral dcuiifes, in the reign of Charles II. Copy of leafe, from the < Together with the ri^ht of the lord of the faid Manor of Crown, cf the lite of the * aii'l in all the copyholds lor cnftomary lands held of the faid manor of New and Old fcj Manor in Old and New Windfor. Windfor,dated 27th June, 00 "^> And the court baron to the f:iid Manor belonging, and all 1 1 William III. PJ S efcheats, lines, forfeitures, waifs, eftrays, and other royal s privileges thereto belonging. 1 N. B.- Another claim to this Manor is made by Mr. Payn and is hereinafter ttated. g The Manor o: James Harwell, The fee-fimple and inheritance of the faid Manor, and No grant of the Manor 5 Coworth. efij. divers rnefibages, lands, and hereditaments thereto belonging, produced. pj containing about 250 acies. Court rolls of the Ma- cc And all the manenal rights, royalties, and privileges, and nor from 1577 to 1734, gj the rights and liberties of common of pafture, and other lince which time no courts fights thereto belonging. have been held. N. 1>. Nine acres or thereabouts, part of the wafte of the Receipt for fee-farm above Manor, abutting on the Reading high road, and on rent of 3*. per annum to t!;e pairs of Windfor Great Park, were inclofed by the con- truftees of Sir Henry lent of the parilli. Darti wood for this Manor. Vicar, Church- Common and common of padure and turbary, heath, fern, Seven witneffes exa- wardens, and turves, peat, and oth^r fuel, and digging of.gravel for roads, mined as to the exercife Overfeerr, of A.1 . 1\ . . 1 fend and loam, for their tie and benciit. of thefe rights. me roor, ana Owners and Occupiers of Lands within C/5 H the parilli, and poor Inhabitants thereof. i * O - _ _ Sir Home Common right in refpecl of Windfor Great Field. No other evidence than Popham. that given on the claim u of the inhabitantsatlarge. o The Matter, James Payn, The fee-fimple and inheritance of the Manor, Settlement by John * Lordihip, el'q. Alfo of the great and rectorial tythes of New and Old Powney the elder, and 1 Reftory, and furviving Windfor. JohnPowneytheyounger, " Parfpnage of devifee in trufi And all timber and other -trees, woods, undsrwoods and of the manor, lordihip, Old and New of Henry coppices, common of pafture and turbary, commons, walte rectory, and parfonage, of Windfor. llherwood, grounds, and the foil thereof; fiilieries and filhings. courts Old and New Windfor, el'q. leet, views of frankpled^e and cour; baron, waifs, ftrays, and the tythes thereof; i elichea'ts, free warrens, &c.-&e. &c. dated 1 2th and I3thjun 1007. Court rol s of the reftory manor, from 18 Charles IJ. i6()6, to this time. Conveyance from Mr. Powney to Mr. Ifherwood in i;S6. Probate of the will of Henry Ifher- wood, dated 22d March 1788. (ctntinued.j 34 APPENDIX to the SECOND REPORT OF THE [N- 4- Appendix, IS'" 3. Parifh of OLD \V I N D SOR cuntiniied. PJV whom Evidence produced M ' > Ki s h. Ctiiimeil. Claimed. .RIGHTS and PRIVILEGES Claimed in K-fncft thereof. in fupporl of llio Claim. i'hc lifo of the Ja 1 Pavn, 'fq. The fite of the faid Manor and I.nrdfhip, confiding of a The original letters .M.nvir and di'vi!c in capital mefiuage or irmnlion hoiifr, with offices, gaid-.-ns, patent, dated 20 th i'Vb. L'udfhip of trult of lands and premiles, held bv letters patent granted by lii* 1784. New and Old Henry prefent Majefty to Penyrhm Portlock Powney,.decedfed; and \\indlor. I diet wood. by him alh'aiu-d to Henry [Iherwood, cfq. for 3.-, veai>, from efq. the 8th of July 1798, at the yearly rent of .6. 17. 6. Appendix, N' 4. Parifli of CLEWER. INCLOSED LANDS belonging to The CROWN: Encr 'achmeuU r " Arable L;ind. Meadow and YV'ood. Water. 1 To al of Tnciol'efi Land on l!ie I orclt, according to Pa .cure. of the Crown lh-' ,M;i|) ill 1789. ^Quantity of A. R. P. A. R. r. V. R. P. A. u. r. A. R. P.. A. R. P. LAND, aiid _ _ 32. 1. O 5- o- 20 ~ 37- i- 20 4* i. 8 ^Vuiiilj&r of OPEN FOREST LAND : Number of Number of Increafe of Hwifes & Cottages. ^^ Private TOTAL IToufes Houlen iloufes r Wood. Heath Inclofed of & Cottages & Cottar"* \ fuila",.. and Water. Common. Property. Statute Acres. in 1801. in Kii:>. linre 101:1. A. R. r. , A. R. P. A. R. P. A. R. r. A. R. r. 83. o. o 230. i. o 372. 2. 2 771. 1. 30 195- 157- \;ime and DeiVnption of BY whom Evidence produced Manur or Right ( 'laimed. Claimed. RIGHTS and PRIVILEGES Claimed in rcfpel thereof. in fupport of the Claim. The Manor of Arthur The fee-fimple and inheritance of and in the manor of Office copy grant, dated Clewar, alias Vanlittart, Clewar alias Clewarth, in the county of Berks (co-extcnlive 14th I'eb. 13 ( hades II. S -^ Clewarth. efq. with the parilh of Clewar) with its rights, members, and of the faid Maodr, to O . appurtenances, together with the wade and commons part George duke of Albc- < ~ ot the laid Manor, and the ground and the foil thereof, mar and Ann his wife, J? -~ ponds, mines and quarries, encroachme nts, cottages, courts and the heirs male of their &i barons, heriots, fines culiomary quit rents; affoaflize rents bodies, with an ; lion ~ ^ of free tenants, reliefs, amerciaments, ; .nd other profits and and refervation to the "* -c ' perquifites of courts, waifs, eftrays , deodands, and other inwii, of all woods and ^ 5 cultoius tlrereunto belonging and appertaining. indfTwnods on the wullo ,^' fii Mir Court Rolls of the faid Manor, tliiuj . ;jd and 4th Aug. 1773. Settleme'nt on the marriage of Arthur Van- fittart, efq. father of the claimant* . The Minifter, Commons and common of pafture and turbary , heath, Three witnefl'es exa- r/* Churchwarden*. fern, turf, clots, peat and other fuel. gravel and foil , and mined in fupport of this .and Overfccrt other rights, freely to and for air, and their own ufe ;n:d claim. of the Poor, ant benefit, as "uHy ia all refpec^s as the owners and occupiers 5 Occupiers of of dnds and premifes and inhabitants of the faid parilh have Lands, and heretofore for time immemorial been accultomed to take and 3 Poor Inhabi- ufe the fame. P2 tants thereof. O -. _ .. Four feyera claims by lord and lady Lindores, Mrs.Trencbaid on behalf N o further rVKlence G of the Reverend George Trenchard, Mrs. M. Birch , and William D.iwfon, than th it t;ivi-ii on the tfq. of frmilur rights of caramon to thofe claimed by the inhabitants ; it large. claim oi the inhabitants u at la rge. 5-1 COMMISSIONERS ON 'WINDSOR FOREST. Appendix, N 5. Parifli of BRAY. Quantity of LAND, and j Number of Houfes & Cottages. i INCLOSED LANDS belonging to The CROWN : Encroachments r .*>-.. - '-^ on ihe Foiufi/ Meadow Totul of ,. T i r j T j according to Arable Land. "d Wood. V.'"*ter. Inclnfed Und J'afiure. o! the Crown. the Map in 1769. A. R. P. 21, 1. 1O 1. O. 30 - 2-2. 1. O 9. 3. 2O OPEN FOUEST LAXD . Numbei Pri,-.l. TnT47. .. , of Number ol Increnfe n i Houfea Home. ges 6t Cottages i Cottages 1. in 1613. finco 1613. Heath Hlltl ComiHon. Iticlofed of jj Cotu Wood. Water. ,. . rropeity. statute Acres. j n jgg A. R. P. 85. 444. Name and Detccintion of Manor or Right Claimed. Hy whom Claimed. RIGHTS aod PRIVILEGES Claimed in refpeS thereof. Evidence prodnced in fnpport of the Claim. CHIEF MANOR, and Manorial Rights. M.mor of Bray. John Seeker, efq. on belialf of the Crown. The fee-limple and inheritance of the faid Manor, part thereof lies within the faid Forcft, with its rights, members, and appurtenances, with the wattes and commons belonging to the laid Manor in the faid Forcft, and the ground and foil thereof, woods, timber and timberlike trees, ponds, encroach- ments, cottages, courts leet and courts baron, heriots, fines, quit rents ; alto affize rents of free tenants, reliefs, amercij.- ments, and the profits and perquifites of courts, waifs, ellrays, deodands, and other cuftoms thertunto belonging and appertaining. The court rolls of the Manor. Ja' Payn, efq. on behalf of the earl of Cardigan. A leafehold intere.lt in this Manor, for tire remainder of a term of twelve years and a half from 23d November 1801, was made on behalf of the earl of Cardigan. Grant dated 2oth of February 1784 from the Crown to lord Cardigan, for i a years and a half, from '.!3d Nov. 1801. Subordinate or Mefne MANORS, and other Rights. The Manor ol Fo.vley. Henry Vanfittart, clq. The fee-fimple and inheritance of the f.iid Manor, with its lights, members, arui appurtenances, und divvrs mef- fuageg and lands thereto belonging, common of palture and common of turbary, and other rights. No evidence produced^ Manor of Lords Lands, otherwise Crutchfield. Wardens and Commonalty of Filhmongers Company. The fee-fiinp! and inheritance of the faid Manor, with the lights, privileges and lirrvices incident thereto, court buron, and divers lands, tenements, and hereditaments thereto belonging. No evider.re produced. Manor of Ilavcrims, otherwise Oakley Place Benjamin M.iion, efq. The ff-e-fiinple and inheritance of the faid Manor, nian- fion hoirfe, and 200 acres of laTid, 80 acres of which lie within the Foreft, rights of common, common of palture, fern, (nrzf, and other fuel. No evidence produced. COMMONABLE RIGHTS. Minifler, and Ovevfeeis of tl;e Poor. All rii'hts and privileges as far as the fame extend within the limits and boundaries of the faid J'orelr, for themfelves and all olliers the owners and occupiers of lands and pre- mifes within the faid parifh, and for the poor inhabitants thereof, commons and common of pallure and turbary, heath, fern, turf clots, peat und other fuel, gravel and foil, and other rights, freely to and for our and their own ufe und bcnelii for ever, as fully in all refpects as the owners and occupiers of lands and premifes and inhabitants of the faid parilh have heretofore for time immemorial been ac- cullomed to take and ufe the fame. Six witnefles examined in fupport of this claim. 133- APPENDIX to the SECOND REPORT OF THE Appendix, N" 5. Parifli of B R AY continued. Name and l)rU*ri|Uiou of . By whom Evidence product d Manor or lUglit Claimed. Claimed. RIGHTS and PRIVILEGES Claimed in rcfped thereof. in fuppcrt of the Claim. Anna Maria Unlimited right of common throughout the foreft of Two deeds of fcoffment Trenchant, Windfor and its purlieus, with all other rights, privileges, (Idled 3oth June 1580, "5 on behalf of pt-Hjuilitt's, &c. attached to lands lying within ib faid and 27 Mar. 14 James I. 2 theKev.George Foreft and its purlieus, as alfo to 12 loads of tec. wood from The firft being, amongft J: Trenchard. out of the woods within the Forel), in right of eftates other things, a convey- g in llcay and Clewer. ance ol throe loads of fee N. B. Altwood is not in the Foreft ; and Mrs.Trenchard, wood out of the common T3 being examined on oath, lays, that file has not applied wood of Her Majefty, a for the laid lee wood, nor -at uuy time uied or exercifed the called Altwood. H right in refpeci thereof. . Three fevcral claims of common rights finiilar to thoie claimed by the No evidence produced. O o Inhabitants at large, by loid and lady Lindores, Mrs. M. Birch, and John except that on b.-halfof . Wefthrook, efq. the inhabitants at large. -= ' '; ' _i i . . . .- - Appendix, N 6. Parifli of W I N K F I E L D. Quantity of LAND, and Number of Houfes & Cottages. IXCLOSED LANDS belonging to The CROWN Arable Land. A. R. P. 76- 3- 23 Meadow and Palturc. A. H. P. 282. 3. 13 Wood. A. n. P. 162. 2. 6 Water. A. R. P. 6. i. 39 Total of Incloled Land of the Crown. A. R. P. 5-23. 3- i Encroachments on the Foreft, according to the Map in 1789. A. R. 7- 3- p. 28 OPEN FOREST LAND: Heaih iind Common. A. R. P. r.9.53- i. 1 8 Wood. A. E. P. 775- I- 7 Water. A. R. P. 49. o. 10 Privntc Inclufcd Propcrtj. A. It. P. 3,of courts, waifs, eftrays, deodands and otlier cuftoms thereunto belonging and appertaining. SI Ja ! Pavn, efq. A leufehold intereft in this Manor for the remainder of a Grant, dated yolh Fe- in behalf of the term of twelve vears and a lialt, from 231! November l8oi, bruary 1784, from the earl of was made on behalf of the earl of Cardigan. ('rown to lord Cardigan, Cardigan. for 12 years and a half, from 2;}d November 1801. (tontinucd.) N- 70 COMMISSIONERS ON WINDSOR FOREST. Appendix, N 7. Parifh of S U N N I N G II I L L continued. Name r.nd Dclcription of ]'y \vhnm Evidence produced Manor or Right Claimed. Claimed. RIGHTS and PRIVILEGES Caimcd in refped thereof. in liipport of the Claim. The Manor Sir James The fee-fimple and inheritance of the f*id Manor, and a Two licences toalienate - - of Sunpiiighill, Sibbakl, bart. manfion houfe, called Silwocd Park, and the lands thereto be- longing, containing by eftimation 200 acres, with the courts this manor in-27 Henry VI. Court rollsof the faid Ma- extending into baron, heriots, fines, quit rents, relicts, amerciaiiu :U: , waifs, nor from 15 Ja" I. 1616 to the Parilhes of eftrays, deodunds, watte ground and the foil thereof, c 1806, 6th and 71)1 June Suuniiighill mons and common of paiture, and appurtenances thereto 1788; conveyance horn and \\7' I .*' T J belonging. allies Hartley, el'q. to Wmknt'lu. James Siiibaid, efq. and :i;s tnifle?. ' Ths Manor Daniel Agate. The fame privileges in refpecl of fo much of this Manor The fame evidence as is of Afcot as is in the p,uilh of. Siinnin^liill, as are churned and parti- ftdted in the parifh of otherwife cularly defcribed in the panlh of Winkfield. Winkfield. i Eftcott. .5 Manor of The Mafic--, The fec-liu;ple and inheritance, of the fid *>I .nor, with The fame evidence 41 | Broom ball. Fellows and all courts, quit rents, and all mni,oria! and other rights, produced for the manor o Scholars of St. privileges and commodities which have at anv time hereto- of C'harridge claimed in -O John's College fore been holden and enjoyed with, the Cud Manor, or of the pari(l) of \\ inkfiafd. Cambridge. right ought to have been. ~ And :ilio nil thflf flip irjnnnr linufrt u,itK tli It.ir.m Aa.,,1 tl,* >~ t... PS longing fituate in the faid parifh, and all thole leveral clofes, pieces or parcels of land therewith ufually held, now in the occupation of Thomas Lu!f. < And alfo one ftaffherd otherwii'e ftatlierd in and over the laid foreft of WinHfor. r^ And alfo common without Hint in and over the laid Foreft for all manner of rattle, P and common of turbary, and right to dig and carry away gravel and il'.iul upon i/5 and from the faid Foreft, and alfo to cut ar.d carry away iwzc and heath iu leipect W of the faid manor houfe and the lands held therewith. J3 Alfo a niefluage and lands called Fittenhurlt otherwife. Fitucfs in th* or rsipntion k> . of Sir Home Popham, with common of paftme, common of turbary, and right to dig gravel and furze and heath from the Foreft. H Sir Home Popham claims fimilar privileges as a mortgage in poffeffion of the y"\ manor of Broomhall, and the meffuage and lands called Fitncis Park. SUBORE Sunning Well, otherwife Sonning Hill George Henry Crutchley, efq. The fee-fimple and inheritance of all that park called Sun- ning Well Park, alias Sonninghill Park, within His Majefiy's faid foreft of Windfor in the county of Berks, and all lands, The original grant of the faid Park, dated lath. June, 6 Charles I.' to Tho- Park. tenements and hereditaments iuclofed therein, with all man- mas Gary, efq. _ . ner of rOmmnMS. tVal^PS t'liryp l-ip-jt-K rt\f\i\rc r*,.n-rflio.? itr.itn..* J 3 ""J" lakes, Cilleries, members and privileges whatsoever to the fame appertaining appen- dant or belonging, and all'deer to the faid park belonging, and all 1 \voods, underwoods and trees, and all hedges, ditches and fences inclofing and within the fnid park, and all manner of tythes both ^reat and fmall increafing'in and upon the premifes. Alfo free warren in the premifes and all that thereto belongs, fo that ingrefs to hunt or to do any thing that to free warren appertains fliall not be had by any other without my licence, under the penalty of ten pounds. Alfo freed and difcharged of all rights, ftatutes, foreft laws or ordinances, made or to be made within the laid Foreft, and disforefted from vert and hautini, and all that to forefts, jullices or minifters of forefts belong. And all other lands, tenements, rights, royalties, privileges, immunities, exemptions and advantages whatfoever, which in and by certain letters patent of the late king Charles the Firft, in or about the 6th year of his reign, were granted with the faid park and premifes to Thomas Gary, efq. Paying yearly ten pounds to the Receiver of the Cattle of Windfor, or at the receipt of Ilis Majefty's Exchequer, at Lady-day and Michaelmas, by equal portions. RIGHTS. ^ . Minifter, Churchwardens, and Overfeers of the Poor, and owners am All rights and privileges as far as the fame extend with- in tlie limits and boundaries of the faid Foreft, for themfelves and all others the owners and occupiers of lands and pre- mifes within the faid parifh, and for the poor inhabitants thereof, commons and 'common of pafture and turbary, Four witneffes examin- ed in fupport of this claim. H occupiers of heath, fern, turf clots, peat and other fuel, gravel and foil, Lauds. and other rights freely to and for our and their own ufe and P3 benefit, us fully in all refpecls as the owners and occupiers of pc ' lands and premifes and inhabitants of the faid parifh have O heretofore for time immemorial been accuftomed to take and ufe the fame. O ... Ja ! Barrwell, Claim of fimilar common rights. No further evidence than efq. c that given on the claim of the inhabitants at large. 133 APPENDIX to tht SECOND REPORT OF THE [N 8. Appendix, N 8. Parini of W A R F I E L D. Quantity of LAND, and ( Number of Houfes & Cottages. INCLOSED LANDS belonging to the CROWN : .^v Encroachments on llie Foreft, according to the Map in 1?S9. f ' IS !O K F 1 A. R. P. 17. i. 10. OPEN FOREST LAM): Private Inclol'cd Property. TOTAL of Statute Acres. Number of Iloufes & Cottages in 1801. Number of Houfes & Cottages in 1613. Increafe of Houfes & Cottages fince 1C13. Heath and Common. Wood. ^1 Water. A. R. P. 652. 1. 1. A. R. P. A. R. P. 3- i- 30- A. R. P. 2,738. o. 38. A. K. r. 3,410. i. o. 225. 102. 123. Name and Dclcnptton of Manor or Right Claimed. By whom Claimed. RIGHTS and PRIVILEGES Claimed in refpea thereof! Evidence produced in fupporl of the Claim. The Hundred The Right The fee-fmiple and inheritance of the faid Hundred and Exemplification under of Wargrove or Honourable Manors, and in refpeft to the manors of Warfield and Bil- tbe Great Seal, of an Weregrove, Richard Aid- lingbear, as parcel of the hundred of Wargrove, although Ail of Parliament, ill with the Manor worth Griflin, within the perambulation of the faid Foreft, view of frank- Eliz. for confirming the of Wurgrove lord Bray- pledge of all and all manner of tenants, inhabitants and title to the manor of or \Veargrove, brooke. reli-ints within the Manors aforefaid, and in every of them Wargrave and other he- Waltham St. allize and affay of bread and beer and other victuals, and the reditaments to Sir IJemy Lawrence, amendment and correction of the fame, the election and no- Neville, knight, in fee. \Varfieldor mination of conftables and other officers in the faid court of Exemplification under Warfeld, Bil- view of fratikpledge to be chofen, way!" and ftrav and all that the Great Seal, of pro- IJBgbear or view of frankpledge appertains to be. done, andtreai'ure trove, ceedings in quo warranto Pillmgbear, and to have and feife to his ufe eftrays within the Manor in the i^th Queen Eliza- ' and Southlake al'orefaid and in every of them. beth, againft Sir Henry or Southlak. And to have free warren as well in the demefne lands of Neville, knight, relative the laid Manors as in the lands of all and lingular his tenants to the laid manor of and men within .Manors at'irefaid, and in every of the fame. Wargrave, and other he- And to have t>oods and chattels of felons, fugitives convict- reditaments in which the "3h ed, attainted, condemned, and outlawed perfons goods waived, title of die faid Sir Henry 3 and perfons put in exigent, and felons of themfelves, man- Neville to the faid Manor -3 works, goods and chattels confifeisU'd and to be confifcated, and hereditaments was r3 *! and all manner -of forfeitures. confirmed. o c And to have return of all manner and fmcular writs and precipis of the lord the king, and the executions of the fame within the Manors aforetiid, and every of the fame. And to have all fines for trefpafles and other offences, ncgl:g'encies and mifdeeds whatfoever, and alfo fines for concealments, dries for licence of agreement, ifi'ues and amei'ciatnents, of whatever men, tenants and reliants within the Manois aforefaid. And to have free chafe in all the demefne lands and woods of the aforefaid Manors, and in all the lands arrd woods of his men and tenants there, as well within the metes and bounds of the Foreft of the Lord the King as without ; and to hunt and exercife all manner of hunting that to chafe and warren appertain, and to take and carry away, and his dogs, and thofe of his men tenants and inhabitants within the Manor* aforefaid, may have inexpeditated, and from the like expeditation and cheminage they may be free. And all woods, lands and fees within the Manors aforefaid ami every of them, to have quit of waftes, regards, views and offices of forefters, 'verderors and ail minilters of the Foreft, and of all other things which to foreft forefiers, verderors and their minifters appertain; and to -have his -own woodwards and proper forefters and minifters of his woods within the Manors aforefaid and every of them, as well within the metes and bounds of the Foreft ai without ; and freely of the fame woods at his pleafure to cutf Manor or Right Claimed. liy whom Claimed* s RIGHTS and PRIVILEGES Claimed in rcfpea thereof. Evidence produced in fupport of the Claim. , Manor oi' While Waltbam, alias Berry and Saiewyns in White WaUham. Arthur Vanfittart, .eiq. The fee-mple and inheritance of the faid Manor, with rights, members and appurtenances. its Office copy of grant of the faid Manor, 5th and 6th Philip & Mary, to John Oflbres. in fee. n S 3d and 4th Auguft, 1773; fettlement on the arriageofthe claimant's father in 1773. The tevvard of the Manor proved holding courts. (continued,) APPENDIX to the SECOND REPORT OF THK IO. Appendix, N 9. Paiifli of WHITE W ALT II A M continued. ' Name and Dol'cription of Manor or Right Claimed. By whom Claimed. BIGHTS and PRIVILEGES Claimed in refpeft thereof. Evidence produced in fupport of the Claim. Ths Manor of Shottefbrooke. Arthur VanfitUurt, efq. The fee-fnnple and inheritance of the faid Manor, part of Original grant of the faid lUanor loth Aug. <2 Edw. VI. to Thomas Wei don and Edw d \Vel- it on the marriage of , . '1 lie Steward of the courts. which extends into the Lortlt, \vitli appurtenances. its rights, members and Jon, in fee. Settl;/:;:2 claimants father as abcj Manor proved holding Manor of Hcywood in this Pariih. John Sawyer, efq. The fec-fimple and inheritance of the faid Manor, with its rights, members and appurtenances. No evidence pro- duced. COMMOXABLE KIGI1TS. Minifters, ardens, Over- ;he Poor, and ind Occupiers Commons and common of pafture and turhary, heath, fern, turf clots, peat and other fuel, gravel and foil, and other rights. Six witneffes exa- mined in fupport of their rights. Church \v leers of Ovvners of Lands Inhabitants of White Walthani, in ShoHefbrook. Similar rights of common. No other evidence produced, except that in fupport of the laft claim. N. B. In the year 1807 an Aft of Parliament pafied for inclofing lands in the parifhes of Shottefbrook and White Waltham, to which His Majefty gave His content, and agreed to take an allotment as a recompence and compen- Cation for the paramount Foreft rights of the Crown therein. But no award has yet been made under that Acr. Appendix, N 10. Parifli of B INFIELD. .Quantity of .LAND, and Number of -Koufes & Cottages. INCLOSED LAN'DS belonging to The CROWN : NONE. Encroachments on the Forel't, according to (he Map in 1789. JL.. II. P. 17. 1. 23 OPEN FOIIEST LAND : Heath and Co. union. A. R. P. 593- 2. 34 Wood. A. R. P. 56. O. O Water. A. R. P. o. i. 32 Private Inclofcd Property. A. H. P. TOTAL of Statute Acres. A. R. 2,807. 3 . 313.475- Number of Hullft'3 & Collages in 1801. 158. Xufnler of Houfcs & Cottages in 1613. 101. Increafe of Koui'ei & Coltagei fince 1613. 57- Nil me and Del'ciiption of By whom Evidence produced Manor or Right Claimed. Claimed. RIGHTS and PRIVILEGES Claimed in refpeft thereof. in fupport of the Claim. s W erf The Manor John Seeker, The fee-fimple and inheritance of fuch part of the manor The court rolls of O 3P of efq. of Cookham as comprifes the parilh of Binfield, with the the faid Manor. && Cookham. on behalf of rights, members and appurtenances, waftes and commons y.z the Crown. belonging to the faid panfhes as parts of the faid Manor, ;tnH flip ornnnH nnH fnil tliprpnt" wnnrU. tllllhf-r. pnrf timhpr- u, I w - like trees, ponds, encroachments, cottages, courts leet and courts baron, heriots, fines, quit *~ *, rents ; alfo affize rents of free tenants, relief, amerciaments, and other rights and perqui- 8| fites of courts, waifs, eftrays, deodands, and other cuftoms thereunto belonging and apper- taining. (continued.) N' 10.] COMMISSIONERS ON WINDSOR FOREST. 43 Appendix, N 10. Parifh of BI N F I E L D continued . Name and Delcription of By whom Evidence produced Manor or Riglit Claimed. Claimed. RIGHTS and PRIVILEGES Claimed in refpea thereof. in fuppurt of the Claim. ' The Manor of Ja ! Payn, efq. A leafehold intereft in this Manor for the remainder of a Grant, dated 2oth Fe- .SP"2 Cookham on behalf of term of twelve years and a half, from 2jd November 1801, sruary 1784, from the |5 .5 continued. the earl of was claimed on the behalf of the Earl of Cardigan. Crown to Lord Cardigan, I 'C 1 Cardigan. "or 12.J years, from 23d ^ g November 1801. 2 3 I The Manor of Charles The fee-fimple and inheritance of the faid Manor, with Copy of grant of this Diapers alias Browning, free warren, &c. &c. &c. To this eltate there are great pri- Manor, dated oth Sep- Drapers, alias efq. vileges attached, fuch as hunting, hawking, and Ihooting, tember, 4th Charles lit, Binfield. from \Vindfor to Winchester, and a right of way through the to Edw d Ditchfield and park, &c. for myfelf, and carriages belonging to me of every others. delcription, through all the roads. Extract of bargain and I am allb entitled to turn what number of cattle I pleafe in fale, nth March 1651. the Foreft, and to follow them with a man and dogs. Abftracl of Mr. Brown- All waifs, ftrays and deodands, and to cut timber on the ing's title and of his pur- wafte. chafe deed of the faid Manor, dated 311! Ja- nuary and ill February t/f 1805. The Manor or Cla-id The fee-fnnple and inheritance of the faid Manor, with chief 26lh April, 36th Eliz" 1 s Lordfliip or Ruflell, rent, quit and other rents thereto belonging. A conveyance of faid W reputed Manor efq. A cap. tal manlion houfe, with 340 acres of land thereto Manor from Uccide Staf- 5? 2 or Lordfliip of belonging. ford and Mabell his wife t^ Binfield. Courts baron, lieriots, fines, quit rents, reliefs, amercia- ;o John Dancaftle. S 2 " ments, wait's, eftrays, deodands, wafte grounds and the foil gth June 1795 : A ; 8 thereof, commons and common of pafture and turbary, liber- >argain and fale inrolled O -5 . -i O ties, rights, privileges and appurtenances whatfoever to the in Chancery. W _, Manor or reputed Manor or Lordfliip, manlion houfe, farms, 13th November 1795, < lands and premifesrelpeftively belonging or appertaining. rom lord Kinnaird to Jz; the honourable Edward O M one ton as truftee for tt faid Claud Ruflell. O : O : The Manor Charles The fee-fimple and inheritance of the faid Manor, with the Mr. Stephen Round, of Cove, privilege of holding courts baron for the fame at his will lie ward of the Manor, Buckhurft. efq. and pleafure, and with all manorial rights, privileges, powers, proves holding one court- emoluments and advantages incident thereto or to the Manor baron for the Manor, and aforefaid. that he has the court-rolls in his pofleffion. Office copy of claim of the faid Manor, at the laft court of Eyre for \\~indfor Foreft, held 24th Septem- ber, 8th Charles I. ^ The Church- Commons and common of pafture and turbary, heath, fern, Five witnefiesexamined jg wardens and turves and other fuel ; allb rough timber to be let out and in fupport of this claim. O Overfeers of allowed in the faid Foreft, as hath been done for time imme- S the Poor, and morial, for building and keeping in repair the following fcJ Owners and bridges within the parifh, viz. Dimford-lane Bridge, Swin- Occupiers of nings Bridge, Cokery Bridge and Weftley's Mill Bridge, and landsandpre- alfo for trunks and polls for feveral drains and watercourfes 55 mifcs within in the commons and wafte grounds belonging to the laid parifh O the faid of Binfield ; and digging of gravel, and other rights and g parifh. privileges freely to and for our and their ufe and benefit. c '33- APPENDIX to the SECOND REPORT OF THE [N- n. Appendix, N 1 1. Parifli of E A S T H A M P S T E A D. a INCLOSED LANDS belonging to The CROWN : Encroachments _,. on the Foreft, according to the Map in 1789. . Quality of X' C\ XT T? A. a. p. > \_7 1-1 1 . . LAND, 21. 3- 9- i and Is umber of OPEN FOREST LAND : Number of Ni mber of Licreafe of Ilotifes & Cottages. Private TOTAT. . e Houfos Houfes ( ^ rioui Healli and Wood \Vute Illclofcd of & Cottages i Cottages & Cottages Common. P IO perty. Statute Acres. ; , 80] ; a , 6 , 3 Cnce 1613 . A. II. P. A. R. V. A. R. Y. A. R. T. A. II. P. 3.15C.3-38- 10. 3. 0. 3. 3.11. 1,995- 2. 22. 5,189.0. 0. 9 ' - Name and Pefciiption of By whom Evidence produced Manor or Right Claimed. Claimed. niGIITS and PRIVILEGES Claimed in refpect thereof. in fnpport of the Claim. The Manor The Mar- The fee-f mple and inheritance of the faid Manor being Office copy, of inquifi- and Park of chionefs of within the forell of Windfor; and all commons, waftes and tion, taken loth Edw d 11. ^afthampftead, Downfliireon other commonable land within the fame, and likewife of 1317. intituled, (Libtas and other the part and the royalties, rights, members and appurtenances thereto Septem Hundr. da \Vyn- Premifcs belialf of her belonging. delfores) whereby certain near thereto. ion, the moil And claim to be quit and free from all fwanmotes, and all iberties in Eafthamp- honourable works of cafiles, parks, walls, vivaries, bridges, inclofures, lead are found to belong Arthur Blun- and all other carriage, iummage and building of royal palaces to the bilhop of Sarum. dell Sandys and all works whatever, and that the woods within ihe faid O (lice copy, dated igth Trumbell, Manor be in nowife ufed for the faid caltles, and to take their May, 36th Henry VIII. V3 marquis of woods within the faid Manor, and to be quit of \\afte and ! 545> f ^h manor of c Downfhire. purprcftures, and regard and view of forefters and of expedi- F.uithamftcd to Leonard TH - * tution of dogs ; alfo view of frankpledge, with all fines for a Chamberhyne in fee. o licence of concord, goods and chattels of felons and fugitives, Office copy, letters pa- 9 waifs and ftrays, amerciaments, and that no jultice, fheriff, tent 2d June isthCharles >j ^ conftable or forefter (hall intermeddle with the pofieffions or I. 1637, being a grant of <. -* woods within the Manor aforefaid. the Park of Eatthamp- (E o Alfo free warren in the faid Manor, fo that no one fliall itead to \V m Trumbell y- hunt, (hoot or take game there without licence from the faid in fee. < marquis. An indenture, dated *& Alfo the park called Eafthampftead Park, with the rights, i/th January, 13th C'ba' T3 . members and appurtenances and certain lands and woods 11. 1661, whereby the within the fame. King relcafed the faid ft P; And that the faid Park is a free and lawful park, fo that W" Trumbull from a no forefter, verderer, regarder or other officer of the King,. covemint for ftoring th 5S - (hall intermeddle therein. faid Park with deer. <> * ' * MJ| Alfo free chafe and free warren in the faid Park, provided 1 7th July 1789, fettle- f . . that all the Hags and hinds which from the Foreft (hall go inent on the marriage HH id into the faid Park fliall have free pttflkge out of it without of the late marquis of M damage. Downfhire, whereby th 5 Alfo full power to cut wood and underwood therein, without prefentclaimunt is tenant view of the forefter and without licence, faving always 40 in tail of the faid manor oaks growing and bearing green leaves, for the better fupport and park of Eafthamp- of the deer in the faid Park for ever to be kept fted. Alfo power to convert the land of the Park into pafture or cultivation without licence; provided that the faid marquis ftmll not plow more than 50 acres in one year. And that the faid marquis may enjoy all the eflates, liber- ties and privileges aforefaid, fretd from all laws, affizes and ordinances of chafes and Forefts. u " The Reclor, The right of herbage, cutting of turf, peat, fern on the One witnefs examined 3 Ovcrfeersand heath and commons belonging to the faid parill:, and all in iuppoit of the claim. a O ^H Churchwardens, on be- other claims ufually and of cul'tom, which have appertained E "5 half of themfelves and to the inhabitants of the faid parilh on the aforefaid heaths f the other Inhabitants and commons. of the Parifti. N* 12.] COMMISSIONERS ON WINDSOR FOREST. 45 Appendix, N 1 2. Parifli of S A N D H U R S T. Quantity of LAND, and Number of of 'Houfes & Cottages. INCLOSED LANDS belonging to the CROWN". Arable Land. A. U. P. Meadnw and Palture. R. P. Wood. A. R. P. IS- Water A. R. P. Total of Incloled Land of Hie Crown. A. 6. R. P. 2. 25. Encroachments on the Foreil, according to the Map in 1789. A. R. r. i. 3- l OPEN FOREST LAND: ll.-ath and Common. A. R. P. 3,408.3.34. Wood. A. R. P. 14. 3. 24 1 ater. A. R. P. O. 3. 10 Private Incloled Property. A. R. P. ,o7- 3- 36 TOTAL of Statute Acres. A. R. P. 4,451. O. 20 Number of Houfcs k Cottages in 1801. Number of Houfes & Cottages in 1613. Increafe of Houfes Si Cottagci fince 161S. 13 Name and Defcription of Manor or Riglit Claimed. By whom Claimed. EIGHTS and PRIVILEGES Claimed in refpect ttureof. Evidence producad in fupport of the Claim. w The Manor and Hundred of Sonnin^. See the particulars of the claim to this Manor awl Hundred in the parifli of Wokingham, where it is ftated to extend into this pariih. WO - S The Manor of Sandhurft. Richard Heavifide, efq. The fee-fimple and inheritance of the faid Manor, extend- ing over the whole of the pariih of Sandhurft, with all rights, royalties and immunities whatfoever. No evidence produced. The Manor of within the Parifli of Sandhurft. John Blandy, efq. on behalf of \V" Blackall Simmonds, efq A Manor with its rights, members and appurtenances, and the waftes and commons belonging to the faid Manor, within the parifli of Sandhurft, woods, timber and timber- like trees, ponds, encroachments, waifs, eftrays, deodands and other cuftoms thereto belonging or appertaining. No evidence produced. a pa |I o u Jn Rackftraw and James Gil- lett, on behalf of themfehes and others, Inhabitants of the Parifli of Sandhurft. Common of pafture and common of turbary over all open parts of the Foreft within the faid pariih, which the inhabi- tants of the faid parifli have immemoriably held and en- joyed. Four witnefles exa- mined in fupport of this claim. 4 6 APPENDIX to the SECOND REPORT OF THE Appendix, N' 1 3. Parifh of F I N C H AMPSTEAD. INC1X)SED LANDS belonging to the CROWN 7 : Encroachments according to the Map in ITSg. N O N E. Quantity of A. H. r. LAND, 5. 0. 05 nnd Number ( of OPEN FOREST LAND: Number of Number of f.icreafe of iloufcs & Cottages. ^ Private TYVTAT Monies Houfes r~ ^ tiouic: IfoHlli and ... . Inclofed of & Cottages & Collages i ; Cottages \ oou VV'iler Common. Property. Statute Acres. ; lf(01 m J613 lince 1613 . A; R. r. A. R. P. A. R. P. A. K. P. A. 11. P. t 1,165. 2. O 5 33/3. 10 8. 2. 18 2,507. 2. 37 3,917. 3. 10 25- Name and Det'cription of Manor or Right Claimed. By whom Claimed. RIGHTS and PRIVILEGES Claimed in refpecl thereof. ' Evidence produced in fupport of the Claim. The Manor- The Reverend The fee-fimp'le and inheritance of and in the faid Manor, Office copy of grant by of Ellis St. John which is bounded by the manor of Finchampttead Eaft Court way of confirmation dated 'inchampftead on the eaft, and by the boundaries of the laid paiiih 1 11 the ;50tb July, 1 1 Ewd. II. to Weil Court. other parts, except a fmall part of the manor of Finch.i.np- KooertAchurdoi the nia- ftead Eaft Court, which is lituate within the laid manor of icr of Finchanipitead. Finchamplleud Weft Court. The rolls of a court Alfo the manor-houfe and divers lands and tenements baron held for the ma- - , within the faid Manor ; and all timber and other trees, woods, nor of Finchampftead underwoods, hollies, thorns and furze growing and being in Weft Court, the-2oth day and upon the open waftcs and commons within the laid Manor after the taut of St. liar- .3 of Fincbampftead Weft Court, with free liberty to cut, take. tholomew, 1 4 E;nd upon the open walies and commons . . - . tnthm the faid manor of 1 inchumpfteiul Eaft Court, with free liberty to cut, tuke, root up and carry away the lame for his own fole ufe and benefit. Alfo the foil of the faid waftes and commons, with courts baron, and all that to courts baion belong or appertain ; and all waifs, eftrays, cottage-;, quit-rents, ponds, po'!s, waters, filhings, commons and all other rights, members and appurte- nances to the laid manor of Finchampftead Eaft Court be- longing or appertaining. V 3 j The Inhabi- Common of p^fture and turbary, and all other commonable Two witnefies exami- J tants of the rights over all open parts ot the Foreft within the faid panlh ned in fupport of this isf laid Pariih. of Finchampfteiul, which the inhabitants of the lame panlh claim. SB o CJ have iminemoi iably had uiid enjoyed. N* M-l COMMISSIONERS ON WINDSOR FOREST. Appendix, N" 14. Parifli of B A R K II A M. INCLOSKi) LAXDS belonging to the /s CROWiN : Encroachment* -) on the Foieft, according to the Mj)i,i 1739. N-ONE.- 'Quantity of A. a. p. LAND, 5- 2. 3. and Number r OPKN FOREST LAND: of Number ol \umberof Increafe of Jloufes i-Cottages. Private TOTAL lloui'es Hoiiles Houfes Heath and 'iVood. Water. luclufcd of 8c Cottages i Cottages' & Cottages Common. Property. Statute Acres. in 1801. in 1615. in 1613. A. a. r. A. R. r. A. 11. P. A. R. P. A. B. P. n, 360. o. 10. 31. i. o. 2. 1. 2O. 983. 1. 7- 1,382. 2. 0. 41- >5- 26. Name and Description of JMan.>r or Right Claimed. 15 Y whom Claimed. RIGHTS and PRIVILEGES Claimed in refpect thereof. Evidence producer! in fupport of the CHairn. The Manor John Roberts The fee-fimple and inheritance of the faid manor of No evidence produced*. of on behalf of Barkham extending co-equal with the boundaries of the Barkham. Major-General parilh of Barkham, within His Majefty's faid foreft of John Levefon Windfor; alfo the manor-houfe and divers lands and tene- K Gower ments within the faid Manor, and all timber and other C-;) trees, woods, underwoods, hollies, thorns and furze growing -* and being in and upon the open waftes and commons within ?3 the faid manor, with Free liberty to cut, take,. loot up and ^ 'f- o carry away the fame for his own Me uie and benefit; alfo ti. ~ Xhe foil f the laid waftes and commons, with court saron, C ^ and all that to courts baron belong or appertain. u "i And all waifs, eflrays, cottages, quit-rents, ponds, pools, B waters, filliings, commons, and all other rights, members and appurtenances to the faid Manor's lands and tenements be- longing or appertaining. w The Common of pafture in all open places of the Foreft, and Four witneffes Ma- 'ts . Inhabitants alfo common of turbary, and a right to cut fern and heath on mined iu fupport of this 5 t-i of the all the commons and wa lies within the faid pariih. claim. = faid Parillu Alfo claim malrage and pannage in the wood called Bark- "3 ^ 1mm Coombs within the faid Foreft, and fay that they the 3 <** faid claimants and their prcdeceflbrs, time out of mind , have O had and enjoyed the faid commons, rights and privileges above by them fet forth and claimed. 133- N Appendix, APPENDIX to the SECOND REPORT CF THE Appendix, N 15. Parifli of W O K I N G II A M. Quantity of LAND, and Number of Houfcs & Cottages. INCLOSLD LANDS' belonging to "t!>e CROWN : Encroachment* Meadow Tola oi Arable Land. <* Wood. Water. Jncl ,foj l.ar.d Paliure. "1 liie Cruiui. ihe JIa ) in 17B9. A. R. P. A. 11. P. A. n. V. A. R. P. A. U. P. A. H. P. 6. i. 37. 90. 2. 37. 97. o. 34. 6 1. 3. 29. OPEN FOREST LAND: Nun.be P,;..<.i- TOTAL .. . I rot Number ot tncrc;ife of es Iloufcs liuufes ges & Cottages i Cottages H. iiiKlS. fmce 1C13. H CM ill and CuUtMlOII. Tnc ofed of x Com Wood. Water. c . . . . Property. Statute Acres. ln ^g ( A. n. p. 2,698. i. 5. A. R. P. A. U. P. A. n. P. A. R. P. 21. 3. o. - - 3,413. o. 18. 6,292. 1. 6. 437 ' Namp and Defcrtplion of JVi.mor or Kight Claimed. By whom Claimed. RIGHTS ana^PRlVlLEGKS Claimed in refpea thereof. Evidence produced in lupport ot the Claim. .,._ CHIEF MANOR, and Manorial Rights. The mannr of Sonning and Hundred of Sonning, extending over parts of tin 1 p irilhes of So n ing, Wokingham, Hurft, Arborfield, Hnicoml), iV: Sandhuift Francis Pym, efq. and others, tniftces for Robert Palmer, efq. an infant. The fee-fimple and inheritance of the laid Manor and Hundred. And all timber and other trees, woods, underwoods, hol- lies, thorns and furze growing and being in and upon the open wafles and commons witliin the laid Manor and Hun- dred, with free liberty to root up, cut, take and carry away the fame, except luch trees, woods, underwoods, hollies and thorns as belong to His Majelty in his wood called Bearwood. Together with court leet, court baron, and that to courts lect and courts baron belong or appertain ; and all waifs, cftrays, dcodamls, cottages, quit-rents, ponds, pools, waters, fifliiugs, commons, and all other rights, profits, members, and appurtenances to the laid Manor and Hundred belonging or appertaining. No grant of the Hun- dred or Manor produced. Steward of the .Manor produced a court Lo-oJt of the Manor, SUBORDINATE or MESNfi MANORS, and other llights. The Manors of Beaches and Ram, and Norrcyfes, alias Norrys. George Henry Crutchley, efq. \V"' I/iinplaw, efq. and Frances Eliz th Rebecca AnuTurqudiid. The fee-fimple and inheritance of the faid Manors. Alfo the manor-houfe of the faid manors of Beaches and Mayes called the Holt, and divers lands and tenements within t all timber and other trees, woods and underwoods growing an the open waftes am commons within the faid Miunors and e free liberty toj-oot up, cut, take and carry away the fame fo benefit; alfo the foil of the faid waftrs and commons, and al pools, waters, h'lhinajs, commons, and all other rights, mem nances to the faid Manor, any or either of them belonging or No evidence produced. ic laid Manor: and i being in and upon i - ery of them, with r thir own ufe and quit-rents, ponds, bers and uppurte- appertainiug. The Manor of Evendnns, otherwise Evendens, in the Parilh of Wokinglmm. John Roberts, ef The fee-fimple and inheritance of and in the faid M;;nor, which is bounded on the eallern parts by a little ftream or rivulet called Emme Brook running from Biglhot Mead, near Sandhurft, through the faid parilli of Wokingham into the parilh of liurft, and including the faJd ftream or rivulet, and by the parilhes of S;uidhurft, Finchaiuplted, Barkham and Hurft on the other parts thereof. Alfo the manor houfc and divers lands and tenements with- in the laid Manor; and all timber and othtr trees, woods, rns and furze growing and beiag in and upon the open wafles faid Manor, with free liberty to cut, take, root up and carry )wn fole ufe and benefit; alfo the foil of the faid waftes and ron, and all that to courts baron doth belong or appertain ; a-nd ES, quit-rents, ponds, pools, waters, fifliings, commons, and aU ml appurtenances to the faid Manor belonging or appertaining, tary ranger or keeper of Bearwood Walk, and of all His Ala- growing and being therein. No evidence produced as to the Manor. As to the office ofrang- er or keeper of Bear- wood, the following evi- dence was produced : Letters patent, dated 2-2d July, 4 Chas. I. planting the faid office to Lawrence Halfiexi, efq. his heirs and afligns for ever, ift Feb?, 15 Chae. II. conveyance of the faid office from Ilalfted to Sir Thomas Rich, in fee. 3d April 1807: Bar- gain ard fale inniUed in fir Tho* Kiel), dtccafcd. jerls, gent, in fee. underwoods, hollies, the and commons within the away the fame for my < commons, with court ba all \faiis, eft rays, cottug other rights, members, n And alfo to be hered jefty's timber and trees Chancery from the truftees of of the faid ollice, to John Rol (coniiitiu'd.) Kf 1 6.] COMMISSIONERS o* WINDSOR FOREST, Appendix, N 15. Paiilh of W O K I N G H A M continued. Nanie nnd Del'cription of Uy whom Evidence produced Miuior or lliglit Claimed. Claimed. RIGHTS and PRIVILEGES Claimed in refjicct thereof. in fuppart of lh.' Cl.iiiu. s - The In ha- Common of pafture .in all-open places of the Foreft, and Three wilnofles exa- s?a bitants of the alfo common of turbary, and a right to cut fern and heath mined iu .fupport of this ^^ ~~~ .town and on all the commons and wailes within the laid parilh of claim. orr parilh of Wakinghara. g* Wokingham Tl ev alfo claim malla^e asd pannage in His Majefty's <; within the Wood co-lied Bearwood wnhiu the laid i-'oreft. O U Foreft. . , Appendix, N* 16. Parifli of II U R S T. ' " ' ~~~( 'Quantity of LAND, and Number < of ?luufes Ss. Cuttuges. i INCLOSKD LAiN U belonging to llu- CROWN : Kncro , i i -*"- - x ...... . k "* . il '.clnuenu e Forefi, i-ding to p in 17S9. NONE. . accci the Ma A. '6-2. R. P. 3- OPEN FOREST LANI>: Private Incloieii Property. Number of Number of TOTAL 1{m)fe , Ho(lfes Jc Cottages it 'Cottages Statute Acre>. j nl80 i. in j613. Incrctfe of Houfes & Cottages fince 161. *-, Heath and -Common. Wood. Water. A. R. P. 711. 3. ic. A. U. P. IpO. 1. 28. A. R. P. 12. O. 0. A. R. P. 2,e8l. 1. 11. a. R. p. 244. 14^1. $,05 8. 9. 10. ,. CbiefMttor ic Manorial Rights. Name and Description of Manor or Right Claimed. By whom Claimed. RIGHTS and PRIVILEGES Claimed in refpeft thereof. Evidence produced in fupport of the Claim. The Manor and Hundred of Sunning. See the particulars of the claim to this Manor and Hundred in the parifh of Wokingham, where it is faid to extend into this parifli. \ COMMONABLE hlGHTS. ' The Inha- bitants of the liberty of Newlaad in within the Forelh Common of palture in all open places of the Foreft within the faid liberty, and common of turbary, right to cut fern and heath on the commons ad wafte witliin the faid liberty, in exclufion of the inhabitants of the other part of the laid parilh of Ilurft; alfo maftage and pannage in His Majefty'b Wood called Bearwood. Four witneffes examined in fu,fipcrt of this claim. , The Inha- bitants of the liberty of Winnerlli. Similar claim to that made by the inhabitants of the liberty of Ne\vland above-mentioned. FoiirwitneffesexamineJ in fupport of this claim. John Blandy on behalf of the tenants of the Manor of limit, olhqr- wile Whillley in Hnrft. A right of common or depafturing their cattle over the wafte lands and comnwns lying within the fatd FureA. No evidence produced. Appcn,op, rty . Suitute Acres. in 1613. - A. R. P. A. R. 1'. A. R. r. A. 'It. P. A. R. .P. *w 40. 3. 20. 17. o. 10. 6. 2. o. 1,383. o. o. 1,447. 1. 30. 31- 33- Name and Description of Minur or Right Cldi'iicd. By whom Claiim-d. RIGHTS and PRIVILEGES Claimed in refpca thereof. Evidence produce~d in fupport of the Claim. v Hnndred and runt is Pyrn, See the particulars of thcrl&im t to this Hundred and Manor O " Manor of eli|. \ others, in (he pari/h of 'Wokingljam, where it is ftated that it extends SoHnwge. titiflees for into this pariHi. 2; -o ~ Uob' Palmer, "^ ? ~ efq. an infant. ^ W c ' *T ^ it N 1 8.] COMMISSIONERS ON WINDSOR FOREST. 5 1 Appendix^?' 1 8. Parifli of S W A L L O W F I E L D. INCLOSED LANDS belonging to the CROWN : Encroachments on the Fortft, according to Quantity of N O N F the Map in 1789. A. R. P. LAND, and < Number of Houfes & Cottages. 2. 2. 0. OPEN FOREST LAND : Number ol N'umber of Private TOTAL Houfes jr oufe , Inclofed of ^ Cottages 8. Cottages Property. Statute Acres. in 1801 in 1613 [ncreafe of Honfes & Cottage* fince 1613. r Heath and Common. Wood. Water. A. R. P. 143. o. o. A. R. P. A. R. P. IO. 2. O. A. R. P. A. R. P. l6q. 1,346. a. o. 1,502. 2. o. 39- 130. Name and Dtfcnption of Manor or Right Claimed. By whom Claimed. RIGHTS and PRIVILEGES C1aimed-iu re fpeft thereof. Evidence produced in fupport of the Claim. 1 0) . 3 The Manor or Lordfhipof Swallowtieid. John Blandy, efq. en behalf of Mr. Earle. The fee-fimple and inheritance of and in the faid Manor or Lordihip, with all rights, privileges, franchifes, royalties, members.and appurtenances in the county of Berks, and the right of depatfuring cattle in and upon all the commons and wafte lands in the laid parifli. No grantof this Manor produced. Steward ofthe Manor proves holding courts for the receipt of quit rents and reliefs, tut that there are no copy- holders. * 1 - 2gth and tember 1788 ance of the 3oth Sep- ; convey- Manor to T* u .i W ^MMMMMMBM*MMII John Blandy, efq. on-behalf of the Inha- . Mr. Earle. - The right of depafturing cattle in and upon all the com- mons and wafte lands in the faid parifli. No evidence produced. ^ ^ bitants and 03 Landholders 1 s o rj of the faid parifli. :.' .' - ' -.VkV == -- . f .. ! '' APPENDIX to Ike SECOND REPORT OF THE [No. -i 9. N 19. SUMMARY of the CONTENTS of the PARISHES within the FOREST of WINDSOR; according to the Returns to Parliament in 1801 ; And the Sums colhcicd for the VaUd of PAttlSUKS, INCLOSED LANDS belonging to the CROWN : Encroachments 0:1 the FOREST. Arable Laud. Meadow and Pafturc, ficc. Wood. Water. WINDSOR , OLD WINDSOR A. u. r. i9 3 39 122 3 23 A . R. 1'. 3 2 20 95 3 4 6 i 39 5 i 10 A. R. p. o o 25 93 2 19 43 i 8 9 3 20 70 3 ... The Wood DO .... xij e W ater - TOTAL Inclofed Lands belonging t 316 1 2 4.295 2 33 73i i 18 in o 33 491 2 1 - 9 the Crown - j 316 i 2 731 l 8 ill o 33 Brought down - D - , - 5.454 * <5 (*) This includes the whole of Maidenhead. A- very fmall part of the inhabited part of the Parifh is in the (") This is exclufive of the part of the Pari/h in Wiltshire, fo is the number of the Houfes ; but the Rate is of (') The Parifh of Hurft.is divided into ihiee Libert ies ;. namely, of "Ncwland - Wluflley - 'VViiuierfli - T > containing -3 ing : 3 Inhabitants. Houfej Inhabited. 258 55 6l6 116 329 64 1,203 235 19.] COMMISSIONERS ON WINDSOR FOREST. with the Number of Inhabited and Uninhabited Iloufes; Number of Families; and (late of the Population; Relief of the Poor in 1803; and the Rate in the Pound of the Afiefi'mcnt. 1 < p T c f c Ctyen FOREST LANDS : 'rivate Property , TOT* i. i I V ' 1 . t 5 rjcj m .5 Poor Rates Rate in the * Arable and Statute -6 v "jS j . - collected in ,-' Heath, &c. Wood. Water. Ueitdow, &c. &:c Acres. 'J5 3 a 4> 3 1 1803. of llie 5 'a -. O Afleflhiciit. ^H c? * A. R. P. A. R. P. A. R. P. A. R. P. A. R. P. / j S. rf. * 137 2 28 22O 04 32 O O 39 2 24 2,6-10 2 15 507 33 580 3,122 1,988 6 n\ 3 6 1,008 o 18 11O O 34 o o 1,281 3 19 5,401 2 24 us 6 132 669 95; 13 2 5 <5 88 o o 230 i o - 372 2 2 771 1 30 191 4 212 '' 6 S- 1,019 15 10 4 9 684 3 20 3H i 35 . 2,004 o 5 3,032 3 o 506 21 526 2,403 2,849 12 8 5 o 4,952 i 18 775 i 7 49 o 10 3,^74 i * 10,050 2 26 259 9 293 1,465 961 16 - 4 2,010 2 SO . . 959 i 3S 3,096 2 30 138 20 155 700 450 13 6 5 6 651 1 2 . 3 i 30 2,738 o 38 3,410 i o 222 3 276 820 478 8 -J 4 3 421 22 7 o 30 1 2 28 67 3 26 499 o 30 -J- 593 2 34 56 o o o i 32 2,8c7 3 31 3.475 2 o 150 8 1/8 808 670 6 4 3,156 3 3? 10 3 o 3 3 H 1,995 2 22 5,189 o o 87 4 114 566 326 i -i D 3,4o8 3 34 H 3 24 o 3 20 1,017 3 36 4,451 20 34 2 43 223 205 15 2 5 o 1,165 2 o 233 3 10 8 2 18 2,507 2 37 3,917 3 10 83 1 96 453 476 88 7 6 360 o 10 31 i o 2 1 20 983 i 7 1,382 2 o 37 4 39 185 231 3 2 5 4l (b 2,698 1 5 21 3 o ... 3,43 o 18 6,292 i 6 4'5 22 458 2,027 1,940 17 ni 7 10 (c 7i> 3 i" 190 i 28 12 O 2,o8l Q 11 3,058 a 10 235 9 262 1,203 991 6 6\ 7 average 40 3 20 17 o 10 620 1,383 o o 1,447 i 30 29 2 42 '7i 325 12 4^ 4 6 143 o o . 10 2 O 1,346 2 1,502 a o 165 4 174 890 334 1 6 o 22,233 39 2,230 o 28 165 i 9 29,025 2 36 59,600 o o 3,37>i:l F.HTlV:.;, l.v way of allowance in lieu of firewood. Her Royal Highnefs has been informed, tbat by ancient cuftom the Ranger for the time 'being of New Lodge is entitled to a buck aad a 'd.;e yearly, but they have' never yet been been rendered to her lie.; ' -is. The orfty other advantage ' known to her Ixoyal Ilighndfs would be that of reHdence at the New Lrtdge, but the tiilapi'dated ftate of the buildings renders it, as a place of refiJence for hnrfelf, out of .the quaftion. It is fcarcely habitable by the lurvants. put in to take care of the place. Superfcribed, Julio. Seeker, F.'.'o. (Copy.) Sir, 'Swinley Lr/Jg?, March iRth, 1808. In anfwer to the enquiries of I he CommifCoqers acling for the affairs of Windlbr Fouu, I beg yon :r> them, th.it I have the honour of holding the office of Circuitor Bailiff and Chief Forefter of i .li'.vitli, :::vJ Ranger and Keeper of Swinley Walk. I \vas appninled to this office by his Royal Ilighnefs the Duke of York, Lord Warden of the Foreft, by virtue of a- warrant dated 22d May. 1807, under the hand andfeal of his Royal Ilighnefs, to li'ild cl-.r lame lUring his will and pleafure. nature and duties of the appointment are> to protect and preferve the vert and venifon within the walk ; but it is peculiarly within, my province to preferve the red deer, as more immediately relating to my oflice of M alter of His Majefty's Stag Ilouuds, than as Keeper of the walk. I perform the duties of the ollice of Keeper of the Walk rnyfelf, particularly, as it is fo connected with the office ol' Mafierof the Slag Hounds. I am allowed (fulyeA to fome deductions) the yearly fum of fifty pounds, ifluing from the office of the Auditor of His Mrijefty's Land Revenue, for hay for the deer. All other fees, perquifites, advantages and emoluments which I receive (except Swinley Lodge and Park, which 1 ormpy as attached to .the office of Keeper) arife from the iMafterlhip of the Stag Hounds ; which latter ollice is not, I apprehend, within the limits of the Commiffioners enquiry. .1 have the honour to be, Sir, Superfcribe'd, Your rnoft obedient fervant, J.SccVcr, F.fq. -COUXWAI.LIS. Secretary to the Commiffiorars for Windfor Foreft. (Copy.) Gentlemen, Windier, 12th Slarch 1808. 'In pnrf'icince of your rrqucfl to be informed of the particulars of my ofiice of Steward of His 'M.,j fty's Foreft of Windfor, 1 do rnyfelf the honour to ftate to you, that the original confutation of the ofKre was by patent ; the appointment is now made by the Chancellor of the Exchequer, during His Majefty's pleafure. The duty of the Steward is to attend to the aff.iirs of the Foreft generally, and alfo to attend alandinrol all the proceedings of the Courts of Attachment, and appointments of officers b\ the Lord Warden, and all licences to fport in the Forcll the Foreft Officers are alfo fworn in at the Courts of Attachment. I have never received any falary fince I had the 'honour to hold the office, nor any perqnilites, except fuch trifling fees which a rife" from the buiincfs of the courts, and file cntn of appointments and warrants, &c. which upon a juli calculation do not amount upon an average 'to above thirty (hillings per annum : in addition to which I um entitled to und receive a fee buck and .a fee doe yearly. 133. ' Q * 60 A P P E N D I X lo the SECOND REPORT OF THE [N 20. 1 liefe fees I have no hefitation in faying are a very inadequate compeiifnuon to the Steward for tlie ;diie execution of the duties of his office. When I firlt entered upon the office, I was a total ftranger to the emoluments of it, as I could not obtain accefs to the papers of my predeceiibr ; fo that I was entirely unacquainted with any fees or perquifitts attached to the office or received by "him. I have (ince been informed, from very good authority, that the Steward is entitled to a fulary for the execution of the duties <>f his office ; and upon a reference which I was directed to make to the 12th, Report of the Commiffioners appointed to enquire into the ftate and conditions of the Woods, Forefts, &c. it appears in the Appendix N 13, page 139, in the column of the account there entered, under the head " Fees and Wages of Auditors, Receivers, Collectors, &c." and in the title " Stewards and Bailiffs," that an annual fmn of .15. 8s. id. was payable on account of Cranbourn Chace. And in the i;th Report of the fame Commiffioners, Appendix N 12, page 99, under the fame title of -" Stewards and Bailiffs," it alfo appears that an annual fum of . 54. was payable on account of the Honour and Caftle of Windfor. Which falaries or wages, if now in exiftence and payable, are, I flumld prefume, the right of the Steward of the Honour and Caftle of Wincifor, who is alib Steward of tha Foreft, in virtue of his office, which comprizes Cranbourn Chace. I truft that rn the courfe of your laborious inveftigation of the multifarious affairs of the Foreft, particularly of the nature and duties of my office, you are fatisfied that I am very poorly remunerated for my trouble ; and with a proper conviolion of the truth of the prefent ftatement, and that regard for Juftice which has been manifefled in all your proceedings, you will feel warranted in recommending my fervices to the notice of Government, as meriting much better and more permanent compeiifa- *ion than 1 have hitherto cafually received. I have the honour to remain, with much refpeft, To Gentlemen, John Mitford, John Vernon and John Your rnoft obedient and faithful fervant, VYickens, Efquires, Commiffioners for JOHN SECKER. enquiring into the ftate and condition of 'Windfor Foreft. (Copy.) Gentlemen, 'Windfor, 21 ft March 1808. I beg to inform you, that in addition to the office of Steward of His Majefty's Foreft of Windfor, which I have the honour to hold, and of which office I made a report to you on the 12th inft. I have the honour to hold two other offices in the Foreft, namely, the office cf Secretary to his Royal High- nefs the Lord Warden, and the office of one of the Meffengers to the Chief Juftice in Eyre, I was appointed to the office of Secretary by his Royal Highnefs the Duke of York, as Lord Warden of the Foreft, on the 'id March 1 806, by a warrant of that date under the hand and feal of his Royal Highnefs. The duties of that office are, to prepare the warrants or appointments of the Head and L'nderkeepers of theleveral walks ; the licences for inclofures, and thofe for fporting in the Foreft ; and to attend to all orders which emanate from the Lord Warden, relative to the affairs of the Foreft arifing within his jurifdiftion, which now extends to all the foreftal concerns. There is no fixed falary for executing the. duties of the office ; but his Royal Highnefs has been gra- cioufiy pleafed to direct the payment of the annual fum of forty pounds to me, as fome remuneration ; which fum was formerly payable to the Steward for holding Swanimote Courts, out of the office of the Auditor of the Land Revenue, from whence it now ifl'ues, I am alfo entitled to and receive certain honorary fees for the making out the feveral licences, which are very cafual, and depending on uncertain events. I have alfo a fee buck and a fee doe yearly in their refpeclive feafons. In refpeft to the office of Meffenger to the Chief Juftice in Eyre, to which I was originally appointed by Sir Fletcher Norton, when Chief Juftice, and laftly by the Right honourable Thomas Grenvitfe, by warrant dated loth September 1800, no very heavy duty attaches to it. I am however liable to be called upon at all times by the Chief Juftice, to affift in the difcharge of his duties within the Foreft, and invariably am required to attend the Courts of Attachment, for which I receive an annual falary of twenty pounds, payable at the office of the Surveyor General of the Woods, by virtue of a warrant iliuing from the Treafury. I entreat you to have^ the goodnefs to annex the prefbnt communication to my former claim ; and have the honour to remain, with much refpect, Gentlemen, To Your molt obedient and faithful fervant, John Mitford, John Vernon and John JOHN SECXER. Wickens, Efquires, Commiffioners tor enquiring into the ftate of VV'imllbr Forefr. N'2i.j COMMISSIONERS ON WINDSOR FOREST. 6i Appendix, N* 21. CLAIM of the Tenants of \V I N K F I E L D, at the laft Court of Eyre held for Windier Foreft, 24th September 8 Charles I. \ PLi'i'A Foreft' apud Caftrum de Windefor' in Com' BeiK.s tent' vieefim* "S quarto die Septembr' anno regni Regis nunc Caioii octavo corarn pfnobil'. Hear'. Holland Juftic' itin?ant Foreft' Dni K citra Trent*. fForeft' (ie Windefcr'! HOIES et Tenent' Dni Rg terror & tentor' in Winkficld infra BalHvat' de in Cum' BerTfs. 3 Battles infra Foreft' predicY tentor' de p? d' Dno Rege ut de Ilonore & Caftro (48) fuo de Windefor' p?dift ven' p' Ediiim Offeley Attorn' fs' et Clam' here Coiam Paftur' p' oibj Av f ijs fuis coicalu.j in omib} Locis ap'tis Foreft' pred' fine aliquo reddeaoa ac Maltag' Pannag' et Rootag' in Bole' p^ditt Dni Regis vocat? Crumbourne Wood* folvend' inde Dno Regi anuatim p' quolibet porco fi fuer' tot' Maflag' p' Vig' Agiftor' et duodecim al 1 libr' et legal' Ilomin un' Denar' et fi fuer' nifi dimid' Blaftag' tune folvend annatim un Obiil' et pro Rootag pro quolibet Porco it>:n filit* un Ohul* Ac eciam q d poffunt here et capere Filicem anuatim capierid" poft feftu See Crucis in Autunmo p' Vig' Foreftar' infra Ballivat' pfdicc' et Bruer' omib? Anni temporiLf p'terquani in Menle vetito p' Vig' etiani Foreftar'. Ac etiam q d eapere poffint Sticag' Anglice Stickas;' viz* Virgulas Rammor' fuccifor 7 in Bofcis del Dni Regis de Crambourne p'dift p' Feris depafcend' Anglice Broufe wood folvend' inde p' quolibet Ten to fuo Capital! Foreftar' p'ambulac' de Crarnbouine pfdift anuatim ad feftum Purificacois Bte Marie Virginis un' Gallin' Et hoc ab antiquo Et dicuut q* ipfi & omes AntecelTnr' fui et omes ij quor' Stat' hent' in tentis & terr' fuis pfdicV .p^dicY Coias Maftag" Pannag' Rootag' Anglice Rootage Felicem & Brueram fub forma psdca et Stickag* Anglice Stickage' a tempore cujus contrar' Memoi-* Ilomin' noa exiftit' hiierunt et here confueverunt Et hoc parati funt verificare p'Miniftr' & alio fForellar" pfdid' Et petunt q^uod Clameus fuus eis allocat'. J. LERCY.' This is a true copy, Ltmon, Ch. C4k. 6-z A P P E'N D I X to the SECOND R E P O R T OF THE [X ^^. Appendix, N 22. A SCHEDULE of ENCROACllMLXTS made on the Wafte Land in the feveral Walks in VviN'usoii Fotir.sT, which have been examined and enquired into by - tbe Comniiffioners appointed lor enquiring into the date, of the laid Forelh EXCROACHMEXTS that Lave been made Thirty Years and upwaids. Names of IVrfoiis. Quantity oi" Encroachment. Walk. OBSERVATIONS. A. 11. p. George Henry Crutch- } Erecting a Lime Kiln o. 3. 20 i !> Sunfiiflghfll - { Map, 510. , eiq. - - ^ : O. 1. 20 | ' Same, 512, as againft.. a Mrs. Vi'ife. Join Tynclrill, jun. - - o. 3. o Same - - \ Pait indofed 50 years and part 16 [ years. Elizabeth Iludion* - - O. 1. 2O Same - - Map, 566. John Turner - -,f*~ft- O. 2. O Same - - An old inclofure of bis'f ither'a. John Robinlbii, jun. P. 3- 20 Same - - Bought fit William Lloyd. Thomas Peanut* ; - o. i. 3'j Same - - Map, 586. f Prefemment againft faid Jane 11:1- Jane Iliilier - - - - o. o. 8 Same - - : Her in 1799, but occupied by her ' more than 40 years. William. M6rton_ - - 0. 2. l6 Same - - Map, 562. .John Kjirbtr - - -| o- 3- 36- ,- o. o. .4 1 Same - - f Boughtof JohnBiggs,who originally 1 iiK-lofed the lirlt encroachment. Willi,im : Kettle. - - o. .1. 13 Old Wiitdfor. Hon. George Villiers - o.i. 5 Same - - Map, 226, purchafedof Mrs.Uurcher. {leorge Henry Crutch- 7 ley, efq. - - - - j 0. O. 12 Milton's A Prefontment againft John Gray. f Prefentment againft John Charl- WHiiam Platt - - - j 2. O. O 0. 1. 36 y Same - - 5 < wood, Map, 396, all bought of ' Mr. Simkins. *.>* * ' f r Prefsntinent againft Iknry Platt. Maria Platt - - -1 P. J. P o. p. 4 o. o. 4 > Same - - ) Same, tigainit Jolui Symonds. j Same, againft Henry Lutman, ad- (_ mitted to ha,ve been purchafed. William Walker - - O. 2. P Same. X'hailes Dolby - - - 2- 3- 33 Same - - Map, 377. Henry Draycott - - 1. .1. Same - - Same, 382. bought of Gofden. Tliouias Taylor.- - - o. 3. 17 Same - - Map, 395. . John Simkius . - - - P. 2. Same - - ( Preientment againft John Charl- l wood, Map, 393. Jlenry Emlyn - - - P. p. 1O Same - - Bought of Robert Goodchild. John Mills - - -i 1. 1. ;15 Cranbourn ( Map, 353 & 354, and Prefentment | againft Thomas Chandler. Jofeph Keats - - - p. i. 8 Same - - Map, 345, late Dutteridgc. William Grace - - - p. .p. -16 Same - - Same, 342, late Mr. Wootten. Sir ThomasThPOphilus \ Metcalfe, hurt. - -f Part of the wafte, and building a barn and hogftie thereon. > Same - - Prefentment againft lady Kuolly*. Joba Jol-.nfon - - - P. .2. O Same - - Map, 115. William Knight - - o. o. 6 Same. James Pafmore - o. o. 8 Saint Leonards Map, 340. Margaret Rickar.ds - - 1. 2. Swinley - - Forme ily, John Portly. Daniel Agace, efq. - - 6. P. 20 Same - - f Map, 426, prefentment againft ( Andrew Lindegreen. W m Snell Cliauncey, efq. i- 3- 25 Same - - Map, 420. David Johnfton - - < o. i. 33 1. P. 20 > Same - ^ame,43,J lateII oMflp,. | Same, 431,3 Thomas Walk ins - - o. o. 16 Bigdiot Rails. lionjamin Grout - - An old encroachment Same. ,R;eh*rd,Cook- - - - O. P. 2O Same. ~\ i i **' p ^ . . ^ o. o. -jo ix. ar\\ oou. .John Moore.- - - - 0. 2. 4 Same. William Hale - - - O. 2. O Same - Prefentment againft John Hale. .Samuel Tappin -, - - p. o. 30 Same. ( 0. 1. P ) ( Prefentment againft JonathanBrant, Edward Lane - r .-< 0. 1. > Same - - Same, againft Thomas Ta|>pm. t O. O. 2P i 1 Same, againft .'I'liomas l)uiigl,is. AVilliam Ilaiinington - P. 1. 20 Same - . - Same, agaiaft Henry Toolcy.. .John ftloorecock - O. O. 1O Same. Thomas Lambourn - - 0. 2. l6 Same - - Map, 191. Robert EaUvelL, fen. 1. 0. Same. Tola! eftmw'ied quantih N* 22.] COMMISSIONERS ON WINDSOR FOREST. ENCROACHMENTS that have been made Twenty Years, and within Thirty Years. Names of Perfons. Quantity of Encroachment. Walk. OBSERVATIONS. ~~~ A. K. P. Sir James Sibbald, bart. o. o. 33 Sunninghill - Map, 528. Auguftus Schutz, efq. < c 10. o. 15 o. 2. 35 Same Same, 564. Same, 565. George Newman - - Parifh of Sunninghill - George Cooper - - - o. i. 36 o. o. 30 O. 1. Same Same Same Same, 590", late Edward Newman. Same, 587, late Sarah Cordery. Same, 535, late Uimiugton. James Crockford - - < o. o. 6 nd erediug a Cottage O. 1. 74. Same. nclofed within 8 years. William Clode - - -| Or 0. 2. o. o. 4 0. 2. 8 Same " Prefentment againft John Clode, Same, Map, 559. . Phoebe Byrne - - - Thomas Holland - - Mary Hibbart - - - Benjamin Walker - j 1. * 13 o. i. i a 1. 0. O 0. 2. 17 1. 3. 19 Same Same Same Same Same, 580. Same, 589, Iffte Stracey, Same, 576, lateyaul Hibbart. [ Same, 501, late William Walker. [ Same, 502, latS Thomas Galloway. William Walker - - j o. 3. 14 o. o. 30 Same ] Same, 518, [ Same, 519. \. O. 1. 1O r Same, 549. V O. 1 . 22 | Same, 57-1, late Lomans. Jofeph Turner - - -< o. i. 30 o. 1. 14 - Same " - J Same, 573. | Same, 57*, late Pickering. 0. 2. 26 1 ^Same, 575, late Fry. John Robinfon, jun. - Robert Wright - - < o. o. 20 o. 2. 37 o. o. 8 Same. Same \ Map, 530, late Charlwood. i Incloled to the above. William Slann - - - Thomas Elliott - - - 0. 2. 36 o. o. 30 Same Same Map, 561, Same, 593. Original Inclofure was 6. A. 3. R. 9. P. Sold remaining part c 0.1. O 1 to Mr, Holland, Robert Hammerton - < ndereding a Cottage, o. o. 15 Same. ( George Lee - - - - o. o. 8 o. o, 6 O. 1. O ) Same Same. Prefentment agaiuft Coleman John Fry James Skinner - - - o. 3. o Same. f o. 3. 23 ") r Map, 516.. \ O. 1. 1O 1 ) Same, 520. Samuel Dalton - - < o. Same ^ Same, 521. / o 1 . O. O > ^Same, 5-25. V. f o. o. 4 1 C Prefentment ag* John Charlwood, Johu Sirukins - - < James W m Steuart, efq. Cottage and Garden, Piece of Land lace KulTell's - - - - 9. i. 24 t Same Old Windfor _- -\ \ Late Slann's. Belonging to his Farm, Prefentment againft Major Scott. f \l >n ofi 1 John Baile - - - \ 0. 2. o. o. 6 Same \ -H.l|', JVI. l John Johnfon - - - IWol'es Hunt - - - - 4- 3- 36 o. o. 27 Same Same Map, 115- Same, 258. James Spong - - - O. I. Same. - -Maria Platt - - - j .md ereding a Cottage o. o. 14 O. 0. 1 2 Miltons - f Prefentment againft Henry Platt. ( Same againft Henry Lutniau. . James Burn - - - - I. 0. 16 Sam*. Charles Shard - - - Richard Patterfon - - William PortCuouth - Abraham Gray - - < o. o. 28 o. o. 26 P. 1. 3 o. i. 17 O. 2. 1-1 Same. Same Same > Same Map, 398. Same, 391. f Same, 384, late Thomas Gray, | Same, s5- I ' William Webb - - - Elizabeth Clifton - - o. i. 30 o. 3. 17 Same Same Same, 375- Same, 396, late Daniel Clifton ; ha retained about 18 poles, remainder fold to Mr. Round. James Butler - - - George Pearce - - - Henry Emlyn - - - Winkfield Parifli Offi-. cers ~ * .0. l. 1.4 o. o. -6 0. 2. O 0. 1. 1? o. l. 25 o. p. 10 Same Same Same 1 Cranbourn - ]" Swinley f Same, 390, late Jofeph Field. { I nclofed fame to the above. Map, 374, late Thomas Griffiths,, Same, 399, late Thomas Harris. ( Same, 343- I Same, 442. & erefting ? Cottage T> _. 1.33.- APPENDIX to the SECOND REPORT OF THE [N* 22. Encroachments that have been -made Twenty Years and within Thirty Years continued. Names of Perfons. Quantity of Encroachment. Walk. OBSERVATIONS. A. R. P. 1'li/abeth Galloway O. 1. O Saint Leonards. Prefentment againftThomas Galloway. Elizabeth Grape- - - 0. 0. 20 Same -^ a P 333) l atc Banifter. Francis llulbert - - j o. o. 27 0. 0. l6 Same f Same, 335. I Same, 336'. John Flood - - - j John Simpkins - 0. 0. 2'2 tnd building a Cottage. 0. -2. Same. Swinley Prefentment againft John Charlwood. Walter Gale o. 2. 8 Same Map 448, lute John Temple. Benjamin Dring - o. o. 6 Same f Prefentment againft Thomas Hitch- \ enbottom. James Poulter - o. o. 8 Same Map 455, late Smith. John Finch ( o. o. 4 and a Cottage thereon. > Same J Admitted with an additional quan- l tity, but not exadly afcertained. Richard Cooper - r o. o. 5 Same Map 442. William Maflm - o. i. 8 Same Same 452, late John Marftiall. John Ranee 0. 0. 2O Bigfhot Rails. James Piercv A Houl'e. Same. William Wa'llen - 0. O. 22 Same. Edward Lane - o. o. 20 Same Late William Wallen's. Nicholas Bowyer 0. 1. 12 Eafthampftead. Map 101. Parilh Officersof Eaft- ( hanipllead - - \ 0. 3. 12 Same f Same 122, being the Alms or Poor lloufes. Robert Gough 0. O. 1 J Same. - Robert Smith 0. O. 10 Same. Benjamin Dean - - j o. o. 10 0. 1, O > Same. Jofeph Watts o. 3. o Bearwood - Late Captain Crow. Mrs. Whitcombe - < o. i. 34 O. 1. > Same - j Map 213. Same 250. Thomas Simmojids - < o. i. 24 o. o. 10 \ Same - - 5 Same 229. I Sui'annah Wheeler o. o. 30 Same. James May o. o. 30 Same. John Dance o. o. 15 Same. Thomas Pattie - - j o. o. 10 and a Cottage. Same. Francis Millard - 0. 1. Same. William Newland o. o. 25 . Same. Mary Brant O. O. 4 y Same. Samuel Milam - o. o. 4 Same. Elizabeth Wootton o. o. 30 Same. Edward Lane - - < O. 1. 0. 2. O 1. 0. O > Same - - C Prefentment againft. Jonathan Brant. 1 Map 1 89. (^ Same 1 87, late Thomas Wootton'f. Sarah Wootton - 0. 0. 12 Same. Edward Crefwell 0. 1. O Same. John Moorecock o. o. 10 Bearwood. AViHiam Berry l -' - ( 0. 2. 0. 1. 26 > Sandhurft. - (Map 134. Total eftimated 7 quantity j ENCROACHMENTS that have been made Fifteen Years, and within Twenty Y ears. George Dolby 1. O. Sunninghill. William Fletcher - --J 0. 2. 1 i. o. 14 0. 2. 31 > Same. James Atkins 0. 0. 12 Cranboura - Prefentment againft John Mame. Charles Shard, efq. o. o. 8 Same - - Map 350. William Hunt - O. 2. O Same - - Presentment againft Frances Spencer SirT.T. Metcalfe, bart. 3- 2. 25 Same - - Map 356, late Lady Knollys. William Hanfon - o. o. 6 Saint Leonards. Richard Nafh O. 1. 2O Swinley - Map 447. Margaret Rickards O. 2. O Same. Richard Goodchild o. o. ' 6 Bearwood. Robert Thackham 0. 0. 1O Same. Thomas Barney - o. o. 10 Same. George A very Hatch < o. 3. o 0. 1. 26 > Sunninghill - | Map 59 8. "* j Total eflimated 7 quantity j N'22.] COMMISSIONERS o* WINDSOR FOREST. 6.5 ENCROACHMENTS that have been made Five Years and upwards, and within Fifteen Years. I Names of Perfous. Quantity of Encroachment. Walk. OBSERVATIONS. A. R. P. John Robinfon, jun. o. o. 20 Sunninghill. Sir James Sibbald, bart. o. 2. a Same Prefentment againft J* Sibbald, efq. George Ellis - - - O. 1. O Same Same againft John Yorke, efq. ^Gjorge Newman - - < 0.1. with an Oak Pollard growing thereon. > Same, x 1. 0. &ereftinga Pefthoufe. o. 3. o Prefentment againft J 1 Underwood. o. o. 9 Same againft John Underwood. Parilh of Sunninghill ' o. o. 20 o. o. 14 Same Same. Same. o. o. 8 Late George Hopkins. o. o. 1-2 Prefeutment againft Chailes Wife. forerefting a Cottage. Same. O. O. IO i_ Same. William CJode - - - O. 0. 12 Same Same againft John Clode. Thomas Holland - - j O. O. 12 o. o. 6 > Same f Same againft Edward Hopkins. \ Same againft Ralph Curtis. Mary Hibbart - - - o. o. 20 Same Same againft Paul Hibbart. .Judith Sawyer - - - O. 1. O Same. r John Cheney - - \ Erefting a Cottage. o. o. 6 > Same. John Robinfon, fen. - < o. o. 14 O. 2. O > Same. f Robinfon alfo'ftands charged with a < fubfequent Encroachment, not afcertaiued. John Slann - - - j O. O. 2O o. o. 4 > Same. Charles Talmadge - < 1. 2. o. o. 16 o. o. 10 > Same C Purchafed of John Tyndall. < Inclofed by faid Charles Talmadge. Same. James Gough ~ * 1 o. o. 16 0. 2. O Same { Bought of Robert Dean. Edward Brown - -< o. 2. iB o. o. ib Same | Map 532. William Stevens - - o. o. 30 Same. William Stevens - - O. 0. IO Same. Mary Pickering - - < 0. 2. O and a Cottage. 0. 1. JO o. o. 4 > Same. , Richard Weft - - 3- i- 3 Same Bought of Frank Platt. Elizabeth Cheney - - o. o. 15 Same Bought of General Fitzpatrick* Elizabeth Hudfon - - o. o. 10 Same. John Turner - - - - O. 0. 12 Same. Ann Wilkins - - - j 2. O. O and two Cottages. J Same C Bought of John Fry. William Moreton, jun. < 0. O. 20 and erecYmg a Cottage. t Same. James Man, efq. - < o. i. a'o 1. O. O 0. 1. O > Same f Late Jolin Yorke, efq. < Late Carters. ( Bought of Frank PlatU Ja W m Steuart, efq. j 14. o. o 1. O. I Old Windfor. James Bonsll, efq. - - . 3- Same. Mary Carbonell - - - o. o. 3 Same. William Field - - j o. o. 16 [and erefting a Cottage I Same. William Kettle - - f | and er a in ' a QotUgt > Same. John Frankly n " 1 a Cottage erefod. O. 1. O 1 Same. William Webb - - j e. o. 20 and a Cottage erefted S Same. Daniel Copas - - - j ' O. 0. 2 0. 0. 19 Same {., Late William FUld, Mofes Hunt - - - - o. o. 14 Same. George Walker - - o. o. 10 o. 3. o 0. 0. 20 v Same. Spencer Mackay, efq.fj 27. . o BOW Broadhead, efq. 1 1 3. o. 30 > Sam* Encroachment* 66 APPENDIX to tk SECOND REPORT OF THE [N- 22. Encroachments that have been made Five Years and upwards, but within Fifteen Years continued. Names of Perfons. Quantity of Encroachment. Walk. OBSERVATIONS. A. It. P. Stephen Round - - - Charlei Dolby - - j 0. O. 26 0. 0. 20 and fume Beech Trees Milton's. > Same. f Puichafed of George Clode William Portfmouth -< A Shop o. o. 6 o. o. 4 > Same. - James Atkins - - - o. o. 2 Cranbonrn. George Lovegrave - - creeling a Turf-houfe. Same. William Bulchin - - o. o. 20 Same. c 0. O. 10 ) Prefentment againft William Roger*. Benjamin Rickards -V o. w. 4 and a Turf-houfe. > Same. o. o. 5 ) Winkfield Parifh Offi-j cers - - - - -\ o. o. 4 0. O. 10 o. o. 2 > - Same - - ( Prefentment againft Sarah Thorn. < Same againft James Campbell. ( Late Thomas Bifhop. William Knight - - - o. o. 39 Same. _ Daniel Agace, efq. - - 0. 2. Swinley. John Thorn - - - - o. o. 8 Same. William Wallen - - o. o. 3 Same. Jofeph Ilatfield - - - o. o. 5 Same. John Hatfield - - - O. 2. - Same - - Late Ann Halfield. James Piercy - - - O. 1. O Bigfhot Rails. Edward Lane - - - 0. O. 1O Same. William Hale - - - 0. 0. 18 Bearwood. John More - - - - o. o. 15 Same. Richard Culham - - o. o. 25 Same. John Love - - - - 0.1. O Same. Jlev" 1 Henry llodgkinfon 0. 0. 12 Same. ! Ann Tyler- - - -) o. o. 15 with 18 young Oak Trees and 4 Pollards >- Same. Prefentment againft Richard Tyler. Jofeph Langley, jun. - 0. 1 . 2O Same. John Maynard - - - o. o. 30 Same. Henry Sharp - - - O. 1. O Same. Simon Inglefield - - o. o. 10 Same. Robert Grout - - - o. o. 8 Same. Thomas Wort - - - j o. o. 10 and erecting aColtagt - Same. James Bint - - - - o. o. 8 Sdme. James Bailey - - - 0. 0. 1 2 Same. Thomas Ranee - - - o. o. 18 Same. Thomas Blake - - 1 0.1. and two Oak Pollards > Same. Thomas Goble, fen. 0.1. Same. William Allwright -I o. o. 6 o. cr. 6 { Same. John Eatwell - - O. 2. O Same. Ifaac Call in - - - - O. 1. 2O Same. John Prater - - - - o. o. 15 Same. John Dunt' - - - - 0. 1. 20 Same. Jofeph Sadler - - - o. o. 15 Same. William Street - - - O. 1. 20 Same. Thomas Lunn - - - 0. 5. Same. William W r hitfield - - o. o. 20 Same. Robert Watts - - - O. 2. O Sandhuift. Total f i Eftimated quantity | ENCROACHMENTS that have been made within the laft Five Years. George Cooper - - - o. o. 6 Sunninghill. C Prefentment againft Lady Ann Fowler Richardfon - - o. 3. o Same. { Lindfay. Q y another Encroach- ( ment fubfequent to the above? Thomas Hatch - - - o. o. 30 Same. Robert Wright - - - O. 1. O Same, N 22.] COMMISSIONERS ON WINDSOR FOREST. Encroachments that have been made within the laft Five Years continued. Names of Perfons. Quantity of Encroachment. Walk. OBSERVATIONS. A. K. P. Jofeph Turner- -1 o. 3. o o. o. 10 0. 2. > Sunninghill. ( O. 2. O ) Leonard Thorn - - O. 1. O Same. Sir Home Popham - - 1.0. O Same. James Gough ... O. I. O Same. George Lee - - - - O. 2. O Same. James Man, efq. - - 2. 0. O - Same End of Mile Courfi Thomas Mills - - - o. 3. lo Old Windfor. James Bailey - - - o. o. 34 Same. George Walker - - - 1. O. O Same. William Spong - - ) o. o. lo and a Cottage thereon Same. i William Portfmouth - o. o. 30 Miltons. 1 SirTho.' T. Metcalfe,") bart. - - - -j 0. 2. Cranbourn Prefentment againft Francis Knollyi. Richard Bore O. O. 12 Same. Francis Hulbert o. o. 4 Saint Leonards. Richard Nafh . 1. V. 2O Swinley. Thomas Cooper o. 3. o Same. Luke Temple 0. 2. O Same. William Snell Chauftcey o. o. 10 Same. Auguftine Binfield - - 0. 0. 20 Bigfhot Rails. Jofeph Deane - - - O. 2. O Same. Thomas Wilmot - - o. o. 20 Same. Thomas Shepherd - - o. o. 9 Same. Charles Pig - - - - O. 1. 1O Siime. Benjamin Grout - - o. o. 10 Same. Charles Parker - - - o. 3- o Same. Richard Marfliall - - o. i. 30 Same. Richard Cooke - - - o. 3. o Same. Edward Lane ... O. 2. O Same. William Lane ... o. 3. o Same. . James Green ... o. o. 15 Bearwood. Thomas Mattenley - o. o. 5 Same. Francis Allen - - o. o. 4 Same. Edward Lane - - - > o. i. 6 o. o. 6 > - Same J late Baileys. John Benham - . - o. o. 30 Same. William Breach ... o. o. 17 Same. Robert Eatwell, jun. - 0. 0. 2O Same. Samuel Langley - - o. o. 15 Same. Edward Stephenfon, efq. William Baker - - - 8. o. e o. o. 7 Same. New Lodge - 'Prefentment againft Eliz. Baker. Robert Spratley - - o. . 30 Sandhurft. i Thomas Cotton - - - o. o. 6 Same. William Giles - - - 1. O. O Same. John Giblett ... o. o. 20 Same. Jofeph Kimble - - - o. o. 8 Same. James Bourne - - - o. o. 20 Same. 133. Appendix, 68 APPENDIX (o (he SECOND REPORT OF THE [N e 23, 24. Appendix, N" 23. Copies of LE TTERS between the Commiffioners and the Surveyor General of Hi* Majefty's Woods, as to the Timber in Windlor Foreft. >, My Lord, Simninghill Wells, 1 3th January i86"S. IN coniequence of the converfations with which two of the underfilled Commiffioners have been favoured by your Lordftiip, we beg leave to put your Lordlhij) in pofieffion, at the earlieft opportunity, by this private ronimunicutiun, of the explanation we intended to lay before the Lo> ds -of the Treufhry of that pafiage in the Firft Report of the CommiHioners for enquiring iutu the State of Windfor Foreft, which Itales that the greater proportion of the Timber in that Foreft is going into rapid decay, and ought to be cut as foon us polTible. That the Commiffioners by no means intended by that Report to recemmend the felling of any wod(^ in Wmdfoi Fared, -without due regard to what may be required in executing any plan for the improve* rnentof the Foreft which may hereafter be deemed proper to adopt, either at the recommendation of the Commiflloners or otherwife ; the Commiffioners being deeply imprefled with the elfential pro- priety of adopting as a firft principle, of any fcheme that may be-conceived for the improvement of the extenfive waltes of this Foreft, that the prefent woods, as far as they pollibly can be converted to profitable purpofes, fheuld furnifh the means of the improvement ; and that with a hope that they may be equal to, fuch a. purpofe, which the Commiffioners conceive the beft to .which they can be appro-i priated, they do not view them in any way as competent to afford T>eyond that purpofe- afliftance to any other. . We have die honour -to remain, ic. Right honourable Lord Glenbervie, (Signed) JOHN MITFORD. Surveyor General JOHN VERXON. of His Majefty's Woods, Sic. JOHN WICKENS. . Gentlemen, Office of Woods, &c. 2 ift January 1868. I AM much obliged to you for the favour of your letter dated the 1310. inftant, arid for the commu- nication of your fentiments in refpeft of the Timber in Windfor Foreft, in which I beg to exprefs my hearty concurrence, as they are in conformity to thole I have always entertained-on the fubjeft ; and I truft they will alfo be found to be thofe of Government, whofe determination will, I have no doubt, be materially guided by the opinions of gentlemen, who have been fele&ed by the Legiflature for the purpofe of inquiring into the ftate of that Foreft. I am, Gentlemen, To Your, very humble fervant, John Mitford, JohnVernon, and GLENBERVIE. John Wickens, efqrs. . Commiffioners for enquiring into the , ftate of Windfor Foreft, &c. &c. &c. Appendix, N J 24. EXAMINATION of JAMES BURN. Sunninghill Wells, Stk O&obcr 1807. Sworn JAMES BURN, of New Windfor, faith, hewas firft employed byMr. Pitt, Surveyor Generalof Woodi, &c. about five and twenty years ago, as Deputy Surveyor; and in Mr. Robinfoa's time, was appointed Woodward of Windfor Foreft to the Surveyor General. Mr. Robinfon was firft appointed in the year 1788. Many of the trees belonging to His Majefty in Windfor Foreft, were firft marked in or about the year 1790; the trees were marked with an iron ; a fquare piece was cut out of the bark, th letters on the iron, W. F. with a Crown, and the number, were (harp at the edges, ;md Itamped with u hammer. Went on numbering the trees progreffively in each walk, and books made out of the particular defcription of every tree, as to dimenfions and fpecies, by Examinant. Books returned to the Office of Woods. Since the trees were marked, there has been no fall of timber, except for the repairs of bridges in the Foreft. None but oak cut for repairs ; about 8 or 10 marked out at a time by Examinant for that purpofe ; always done by an order from the Surveyor General, under the authority of a warrant from the Lords of the Treafury. Began the firft operation of marking trees in Cranbourn Chace, clofe to the houfe ; marked the whole there progreffively. The trees in Cranbourn Park were marked. Winkfield Plain is part of Cranbourn Chace con- Cranbourn Chace (the whole of New Lodge Walk is within Cranbourn Chace) ; a great number of tains (outwalks; viz. treas \ n that walk. Did not mark any of the trees in the Inclofures of New Lod^e ; Milton's Walk, St ra i>oiiard'f, St. Leonard's Walk, and Cranbourn Walk are alfo part of Cranbourn Chace. After New Lodge, New Lodge, and marked JiiUoa'. N*2 5 .] COMMISSIONERS ON WINDSOR FOREST. 69 marked all the trees in the open parts of BinSeld; marked a very large elm in the Village of Binfield, where. four roads meet, called Shrove Elm ; marked four or five large elms oppofite the houfe (on the fouth fide) called Ant."*'*, w-hich were then (landing by the road-fide on the wafte ; then went to Old \Vindibr Wood, and marked all the trees in the open parts of the wood. In the courfe of the marking, went to Bearwood, where the right of cutting fome part of the trees was difputed ; marked the trees in the difputed ground, and all the trees in the other parts of the wood. Sir Thomas Rich then claimed the right in the trees, as Lord of the Manor of Evendens. Did not go into Sandhurft Pariih, nor Eafthampftead, nor mark any trees in either of thoi'e walks, or in Finchampftead ; did not mark in Warfield, Swallowfield, Barkham, or Arborfield. Marked in 'Swinley Wulk, and Sunning hill ; marked in VVokingham as far as Bearwood extends ; as much of Bray and Clewer as lie in St. Leonard's Walk. Did not mark any trees in the Pariih of White Waltham. Went into the Parifhes of New and Old Windfor. Mr. Robinfon gave the inftruclions, what walks Examinant was to go into ; which he (IridHy attended to and aded upon. JAMES BURN. Appendix, N 25. EXAMINATION of JOHN SMITH, Underkeeper of Bigfhot Rails Walk. Sunninghill Wells, nth January 1808. JOHN SMITH, Underkeeper of Bigfhot Rails Walk, faith, That Mr. Coxe, the Head Keeper of the walk, has not been there for three years pad ; that Mrs. Coxe, the widow of General Coxe deceafed, at the recommendation of his late Royal Highnefs the Duke of Gloucefter, holds the houfe, and has enjoyed all the advantages of Mr. Coxe's appointment, up-to laft Lady-day. The produce of the land has always been fold for her benefit by this Informant, except fo far as turnips have been cultivated (never exceeding three acres in any one year) for the feed of the Deer. That from laft Lady-day the lands (inclofed) belonging to the Lodge, has been let by Mrs. Coxe to this Informant at a rent of ..twenty pounds a year. This Informant complains that Mrs. Coxe receives the fees upon the Deer hunted out of Bigfliot Walk, notwitnftanding his warrant expreffes that he (hould be entitled in the ufual way to the fame. That Mrs. Coxe pays above one hundred a year for providing beans, hay and grafs for the Deer. Mem. It appears, by a flatement fent by Mr. Coxe to the Commiffioners, that there is an allowance of fifty pounds a year to the Head Keeper, for providing hay for the Deer in winter. APPENDIX TO THE SECOND REPORT OF THK COMMISSIONERS On the State of Windfor Foreft. Grdcrtd, by The Huufe of Commons, la gth May 1809. THIRD R E P O R T OF THE COMMISSIONERS On the State of WINDSOR FOREST. Ordered, by The Houfe of Commons, to be printed, izfh April 1809. 134. T 3 ] To the Right Honourable the Lords Cornmiffioners of His Majefty' s Treafury. THE THIRD REPORT of the Commiffioners appointed by His Majefry's Commiffion, in purfuance of an Aft of Parliament, paffed in the 46th year of His reign, ch. 143. intituled, " An Aft " for enquiring into the State of Windfor Foreft, in the County of " Berks, and for afcertaining the Boundaries of the faid Foreft, and " of the Lands of the Crown within the fame;" which Adi was varied by an Acl pafled in the 47 th year of His Majefty 's reign, ch. 46. IN purfuance of your Lordfhips 1 authority, fignified to us by Mr. Secretary Harrifon, in his letter of the 24th of November 1808, wherein he ftates, that he is commanded by your Lordfhips to authorize us to propofeto the Lords of Manors and Proprietors of Lands interefted in the Waftes of the faid Foreft, the Plans we have formed for acquiring to the Crown any portions of thofe Waftes for the protection, increafe, and fupply of Timber in the laid Foreft, and for renderr ing the fame more productive and advantageous to His Majefty and to the Public, in purfuance of the i2th feftion of the 46th of the King, ch. 143, and defi ring that we would report to your Lord/Lips the terms on which the Parties interefted may be difpofed to confent to the accomplifhrnent of that object. Considering the great extent of the Foreft, and the various interefts as well as feelings prevailing in the many Parifhes and Manors extending over its Waftes, we judged it beft for our purpofe to divide the Foreft into two parts; the firft con- flfling of Clewer, and the five Parimes in each of which His Majefty or his Truftee claims to be Lord of the Paramount Manor, namely, Old and New Windfor, Sunninghill, Winkfield, and Binfield, all of which are iituated in the northern part of the Foreft, leaving for future negociation the Parifhes to the fouth, which, upon a variety of confederations of locality, the Crown's iutereft in them, and other circumftances, we conceived, would only embarrafs any Aft in which it might be attempted to include them with thofe named above. We thought it expedient to caufe, as early as poflible, a general view of our Plan for 'the Improvement of the Foreft, to be circulated among the Lords of Manors and Proprietors within the Foreft, for their information, previous to meeting them on the fubjeft. Accordingly, on the 1 2th December, we iffued the Paper marked lS T o. i. in the Appendix hereto annexed ; and on the i6th of December we caufcd perfonal notice to be given to the principal Proprietors in the Pan/lies of New and Old Windfor, Sunninghill, Winkfield and Binfield (the Manors in which Parifhes are vefted in the Crown, except Winkfield, which is in a Truftee for His Ma- jefty) that we mould be ready to meet the Proprietors of Lands therein at Sun- ninghill Wells on the 3oth and 31 ft of December 1808, and the 2d, 3d and 4th of January 1809, on the fubjeft of our Plan for the Improvement of the Foreft, and alfo caufed public notice to be given of fuch Meeting in the London Gazette and two other newspapers publifhed in London, and in the Reading Paper^ purfuant to the directions of the firft-mentioned Aft. We accordingly met the Proprietors in the feveral Parifhes before-mentioned, on the feveral days appointed, and further explained to them our Plan, and the expectations we had formed of the proportion of Wafte Land the Crown fhould acquire in each Parifh for the Manorial Right, Foreftal Right, and in refpeft of inclofed property of the Crown in each Parilh, in common with private Proprie- tors. Thefe expectations we ftated to be principally grounded on inflances of the compenfations for fimilar rights which 'had been given by Parliament, three of which came within our knowledge ; the firft,. on the inclofure of an open Foreft ' Country, called Broyle Park, in Suflex, in 1767, in which cafe the Duke of Dorfet ms Lord of the Park or Foreft, in purfuance of an Aft of Parliament pafled for that 4 THIRD REPORT OF THE that piirpofe, had full one half of that Foreft or Park allotted to him as a com- pcnfation for his Manorial and Foreftal Right, and the other part of it was allotted to the perfons having Right of Common thereon. On the inclofure of En field Ghace in 1777, the Crown, in purfuance of an Aft of Parliament for that pur- pofe, had an allotment of nearly one half (after providing forTylhe and forne peculiar Rights) as a compenfation for the Fore Hal Right, independently of the Manorial Right in two out of 'three of the Manors within the Chace, Avhich be- longed to the Crown, for which feparate compenfations were given by two fubfe- quent Afts of Parliament, making in the whole for the Manorial and Foreftal Right nearly one half of the quantity of land within the Chace, which extended into four Parifhes. The third inftance of compenfation for fimilar rights is in an AftpaflTedin 1801 for the inclofure of Needwood Foreft, over which 22 Town- fhips had Rights of Common ; and on which occafion, after providing 'for the Tythes, one moiety in value of that Foreft was allotted to the Perfons having Right of Common thereon, and the Crown paid them' i - 1 oth of the value of all Oak Trees above fix inches girth, and all under that girth that were ftanding on the allotment belonging to the Commoners were declared to be their property, and the other moiety of that Foreft and all other Trees thereon were allotted to the Crown. Conceiving thefe Afts afford a general authority, if not a principle, on which to aflert the value of Foreft Rights in the Lord of a Foreft, we propofed, in thofe Parimes in which the Manorial and Foreftal Rights were united, that the Crown, as a compenfation for thofe two rights, mould have one half of the Wafte Land in quantity at the greateft diftance from the inclofures, without entering minutely into the quality, propofing thereby an advantage to the private Pro- prietors in point of quality, and alfo a convenience in point of locality, by having their Common neareft to the inclofures, which in general is much the beft in quality: We alfo propofed, that all Lands remaining to the Parishes, whether inclofed or in open Common, ihould be wholly difaftbrefted to all intents and purpofes ; and, as further inducement for their ready acquiefcences in the meafure, and as an additional advantage to the Proprietors, mould they be defirous of in- clofing theif own allotments, that we mould recommend to your Lordmips to admit into the Aft necefiary to make valid any agreement that may be concluded on between your Lordmips and thefe Parimes, fuch provifions for each of them as they may federally deem neceflary to be made for that purpofe, without any ex- pence to them. We adjourned our Meeting from the 4th of January to the i4th of February, in order to give the Proprietors an opportunity of further confider- ing the propofitions we had made, and to provide for fomc local accommodations in feveral of the Parifhes, particularly as to leaving certain fpots from whenc'e the Poor derived fuel, which we exprefied not only our readinefs to attend to, but confidered as a matter of efiential ncceffity to provide for. During this adjournment of feven weeks, Parochial Meetings were called in iill the Parimes ; and we from time to time gave every explanation required of us by any of the Proprietors ; and continued our fittings on the i4th, i5th and i6th days of February, on which days we met the Proprietors in the feveral Pari/hes before mentioned, or deputations from them, and entered into more full difcuf- fions on the fubjcft, all of whom (except thofe in the Parim of Sunninghill) again defired further time to confider of the propofals we .had originally made, and of what had fubfequently paflied: and we accordingly adjourned to the 27th of the fame month. The Proprietors in Sunninghill (in which Parim the Crown is Lord of the Manor) have made the Propofal contained in the Appendix, No. 2, which, on the beft confideration we have been able to give rt, we have informed the Proprietors We mall recommend to your Lordihips to accept, though it gives to the Pro- prietors fome advantages which we think are greater than the private Proprietors had in either of the three inftances we have alluded to, in as far as they will have the Pafturage of that part of Afcot Heath which is to be left open for the Race Courfe, containing about 200 acres, and the Peat Bog for fuel, eftimated at 112 acres, over and above a moiety of the Wafte of the Manor. However, under the circumftances of this Parim, and confidering that the Proprietors have met the propofals we made to them with a very liberal difpofition to come to an ami- cable adjuftment, and have been the firft to fet an example of public fpirit and liberality worthy of imitation by other Parilhes within the Foreft, we do not think thefe advantages are too much to be granted to them, but are of opinion that it will COMMISSIONERS ON WINDSOR FOREST. r; will be beneficial to the Crown and the Public to adopt the propofal they have made. We met the Proprietors in Old and New Windfor, Binficld, and Winkfield, on, the ayth February, purfnant to our laft adjournment, and arranged with the principal Proprietors of Old Windfor a Plan for dividing the Wailes and Com- mons in that Parifli, in the manner mentioned in the Appendix, No. 3, which we think it will be beneficial to accept, as it will be feen thereby that out of 1,036 acres of Wade Land to be divided, the Crown" will obtain for the Foreftal Right and its private inclofed projjerty 704 acres, independently of the Manorial Right, for which an allotment of 107 acres is propofed to be given, and which will alfo become the property of the Crown, if the right of the Crown to that Manor fliall be eftablimed by a fuit now in profecution, of the refult of whicfc we at prefent entertain the moft confident expectation. This arrangement has been made on the principle, that the Crown for its Foreftal Right will have one half of the Wafte, after providing for the Manorial Right, and two thirds of the remainder, being the proportion of the iuc'ofed property' of the Crown to that of private Proprietors within the Parim, according to aftual meafurement. But the inclofed property of the Crown being certainly of inferior value to the other inclofed property in the Parifli, 10 acres of the Crown allotment as well as 10 acres of the Pa ifii allotment have been deducted for fuel for the Poor, and 60 acres more have been thrown into the allotment of the private Proprietors, on account of the inferior value of the inclofed property of the Crown. Thefe deductions are however leflened by the Manorial allotment iu New Windfor, eftimated at about 23 acres, being included in the above it>7 acres, which gives an advantage to the Crown to that amount in the divifion of the Wafte of New Windfor. We alfo, at the fame meeting, arranged a Plan for the Inclofure of the Wafte In "New Windfor, contained in the Appendix No. 4, by which it will be feen that the landed property in that Parifh, to the extent of full four parts out of five, is vefted either in the Crown or their Majefties, and that the remainder of the landed property entitled to Common belongs to one other proprietor, Mrs. Keppell. We muft however notice a claim that has been made by the Corporation of New Windfor to a fmall part of the Wafte Land in this Parifli, which, if eftabliflied, will in fome degree interrupt that arrangement. We do not however view that claim as having any foiid foundation ; and if it is perfifted in, we think -it may be n>oil properly difpofed of in the manner which difputed claims of that kind ufQally are in common Inclofure A6ts, by permitting the Claimants to try their right againft the Crown in a given time, or to be barred ; and even if the claim of the Corporation fliould be eftabliflied, they have fignified a difpofition to take a certain part of the Wafte, "containing about 19 acres, which will not interrupt materially the gear, al arrangements we have made in this Parifli. Though, if .that claim mould be eftabliflied, it will be defirable for the Crown to purchafe of the Corporation the allotment to which in confequence they will be entitled. We received alfo, at thf: Tame Meeting, a Propofal from the Proprietors of Land in Binfield, contained in the Appendix, No. 5. On this Propofal it will be neceftary for us to make fome local inquiries, before we can give any opinion thereon ; and have therefore found it moft expedient not to come to any decifion on it nntil the other divifion of the Foreft is taken into confideration, which; we think, may poflibly aflbrd fome facility to an arrangement with this Parifli. At this Meeting of the 27111 February we alfo received a further Propofal from the Proprietors in the Parift] of Winkfield, which, together with fome Refolutions delivered to us at our former Meeting on the i5th of February, are contained in the Appendix, No. 7 and 8. This further Propofal we very fully difcufied with feveral of the principal Proprietors, and informed them we could by no means recommend to your Lordfhips to accede to it ; as the Crown would thereby gain, ut of the 5,750 acres of Open Wood and Waftes contained in that Parifh, only 1,655 acres. At the fame time we fuggefted to them, as it would be defirable to leave open Winkfield Plain and a Peat Bog for fuel, eftimated together at a;bout 300 acres, we could not poffibly recommend to your Lordfliips to accept a lower proportion than 2,700 acres, taken in particular fituations which We pointed out, and where it is material for the Crown to have them, and which, on account of their fuperior value relatively to the whole Wafte, we fnppofed might compenfate the Crown for the deficiency in quantity which TVC think it 134. B 6 THIRD REPORT or THE lliould Lave, fui ipofmg the whole Wafle to be divided were of equal value. On this fug^eftiori, the Proprietors defircd a further time, till the yth of March, to coiifuit the Body of Proprietors at large. Tlie rcfult of this coiifultation they r.grecd to communicate to us in London. A Deputation fro.ii tlie Parifh accordingly attended us in London, on the nth. of March, t which Meeting the following Minute was ini-.de : " i ilh March 1809. " The Pnrilh, by Deputation, cxprcfs their Opinion, That 2,300 acres i> " the full coinpenfation the Crown ought to have from Winklield, for Hitrii!-; " of Foreft, Manorial and Ir, doled Property; conceiving that th;: L;ind ;' " Cranbornc Wood is of value fo fiiperior to that of the Heath, that the " difference between the above quantity and 3,200 acres, which the Com- " mifh'oners think the clear amount iu extent which the Crown ought to " have, is fully compensated for." If we had the means of being fatisiied of the correctnefs of the value of thofe 2,500 acres, as flated by the Parifh, we iliould have no hefilaiion in recommend- ing to your Lord (hips to accept the Proportion, bccaufe the principle on which we have proceeded muft be fubject to tlie conlideration of value ; but as we were not competent to decide on the queftion of value (now for the firft time iiaird by the Parifh) and being ftill defirous of giving them the advantage of Winkfield Plain and Whittnore Bog, before alluded to, we have nrade them the fallowing Proportion : " The Wafte and Chace or Wood, taken together, contain - - 5,750 " Deduct fo much of Winkfield Plain as is in the Parifh, , " and Whitmore Bog, making together - 300 545 " For the Manorial and Foreftal Right, taken together, the Crown " to have - - 2 >7 2 5 " The Proprietors of inclofed Property to have the other Half - 2,725 " The Crown for its inclofed Property, bring i-8th part, of the in- " clofcd Property in the Pariih, to have i-8th part, out of this " Half, being ...__-.. il Will remain for the other Proprietors - - 2,385 " And the Plain and Bog, as above 300 " Total for the Proprietors - 2,685 " Total for the Crown ; viz. - " And for Inclofed Property " As the Crown propofe taking the Chace, being 806 acres, and the re- " mainder of their allotment at the back of Svvinlcy, which :ue ftated by the " Parifh to be of fnch fuperior value, that 2,500 acres, in thofe fit nations, are *' equal in value to 3,200 acres of the Waftes generally : '' The Commiffioners will recommend to the Lords of the Treaftiry, to " accept, for tlie Manorial and Forefial Right, fo many acres in the Chace " and the back of Swinlr-y as ihall be equal in value to one half of the Waftc, " the whole quality of it being confidered (after deducting the Plain and the " Bog) and fo much more as ihall be equal in value to i-8th of tlie other half ff for its private property. " If any part of the Chace is left open for the accommodation of the Parifli, " between Quelman's Head and Gofdens, incl'.iding the part belonging to Old " Windfor, the Crown mail have fo much Land at the back of Swoaley as is "equal in value to that which mall be fo left open in the Chace. The COMMISSIONERS ON WINDSOR FOREST. 7 " The Pariih to have fo much of the Crown allotment in SunninghiH as is " north of the Reading Road, or to conic foulh of it if they wifh. it, giving an' " equui quantity in value near Swinley." The snfwer to this luft propofal we propofe to make the fubj eft of a further communication to your Lordfhips, when we ihall be in poftuTion of it, rather than delay laying before your LorcHhips thofe Propositions, which we can now recom- mend for your Lordihips aoeept.anee. We have thus {elected for our firft negociation, the Pariihcs in the northern diviiion of the Foreft, neareft to Windfor, in which the Crown is Lord of the* Manor, and a!fo Whikfield, which Manor is vefted in a Truftee for His Majefty, as feveral parts of thofe Parities, with the addition of fuch parts of the Parifhes of Bray and Clewer as are within the Foreft, aribrd a connected chain of Wood of above 1,400 acres, which it will be very dcfirnble to inclofe for the p-.-efervation of the Timber now ftanding there ; while the other paris of the Waftes of thofe Parifhes, which we conceive can be gained to the Crown in feveraity, will form another laroo connected fpace of ground of about 3,600 acres, for the further growth and cultivation of Timber. With refpecl to the other or fouthern part of the Foreft, where the Crown has not the Manors, we have already hinted at motives inducing us to make them the matter for a fecond negociation. Among others, it has not been the leaft of mo- tives with xis to fatisfy the expecting minds of the numerous Individuals round the Foreft, taking ncceflarily great intereft in the proceedings under this Com- mifiion. We can with confidence ftatc to your Lordflrips, that this meafure, though delayed to a feafon for effecting it the molt adverfe, has been met with far more eagernefs by all Parties than under any circumltanccs we could have ventured to expect. To meet that difpofition where it was at all exprefied, and to carry our meafure as far as poffible to fome immediate practical conclnfion, has been another principle on which we have limited our prefent negotiation,, as now laid before your Lordfliips. In refpect to the Parish of Bray, an application has already been made this- Scllion, by the Pariih, for an Act for the Inelofrire of its. Wafte Lands. A Propofal has been made to the Surveyor General of the Woods and Forefts, for appropriating to the Crown the Wood and part of the Open Wafte in that Pariili lying within the Foreft; which Propofal is now r before his Lord/hip. In the Pariih of Clewer the Crown has not the Manor, but is entitled to the Timber on the Wafte, and the foil is in the Lord of the Manor. The fniall extent of Wafte in this Pariih, a'.moft wholly covered with Wood, and ill fituated to afford" accommodation of mnch value to the Commoners, though of importance to the Crown and to the Lord of the Manor, induced us to make a propofal to the Lord of the Manor, for the Crown to make a pecuniary compenfation to the Perfons who have Right of Common on fuch parts of the Wafte as lie within the Foreft, on the Lord's ceding to the Crown fo much of that Wafte on which any Timber is now Handing, containing 200 acres, and which will be neceil'ary to keep entire the chain of Wood before alluded to, and adorning that part of the Country, and which is the more valuable as it is completely connected. The Lord of the Manor has agreed to the propofal ; and the Perfons having a Right of Common, have, at a Parochial Meeting called for that purpofc, come to the Refutations frated in the Appendix; No. 8, and agrred to accept a pecuniary compeniution for their Right of Common: to which arrangement, both with the Lord and the Commoners, we re-commend to your Lordfhips to accede. We have been anxious to make the earlicft Report to your Lordlhips of the refult of our negotiations as far as they have gone, that the prefent Seflion of Parliament may not. be loft in giving cfleft to thofe we have brought to a practi- cable point, or in taking the fenfe of Parliament either on fuch of the Propofals we have ventured to recommend to your Lordfliips adoption, in cafe you mall not .agree with us on the propriety of accepting them, or on thofe Propofitions which we cannot recommend to your' Lord/hips to accept, if your Lordiliips fliall agree with us in the rejection of them. In the cafe of Winkfield Pariih, forti- fied as your Lordlhips will be by the precedents we have mentioned, in none of which (as in the prefent'Cafc) was any great national object to be attained, and which, from the uniformity (almoft to a degree of minutcnefs) which has been obfcrvcd in thorn, as well as the different periods of time (within a fpaee.of up wards 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 COMMISSIONERS ON WINDSOR FOREST. g making together 5,000 acres, will be gained to the Crown in feveralty, for the protection, growth and cultivation of Timber for public purpofes-, and the means will at the fame time be afforded, of bringing the remaining 5,500 acres into general cultivation. There Avill then remain upwards of 14,000 acres of OpenForeft Land, the fubjeft of a further arrangement between the Crown and the Proprietors. {Signed) JOHN MITFORD. j 3 th March 1809, JOHN VERNON, ~. ., '3*. THIRD REPORT OF THE COMMISSIONERS On the State of WINDSOR FOREST- Ordered, by The Houfe of Commons, to 11th April 1809. 1 1 APPENDIX TO THE THIRD REPORT OF THE COMMISSIONERS On the State of Windfor Forefl. Ordered, by The Houfe of Commons, to be printed* 9/7; May i Sog. 134. D -Appendix, N* i. General View of a Plan for the Improvement of Windfor Foreft - - - - p. 13. 2. Propofal of Proprietors of Sunninghill Bog, that it fliall be conceded by The Crown to th Parifh exclufively, on certain conditions -------p. 14. j. Propofed Divifion of the Common and Wafte Land in Old Windfor - ibid. 4. Propofal relative to the Commons and Wafte in New Windfor 15. *' ) Refolutions of the Proprietors and Landowners in Binfield, Winkfield, and Clewer, relative \ to Propofals from the Commiffioners on the State of Windfor Foreft, for a Commutation *' I of the Foreftal, Manorial, and Common Rights of thofe pariflies - - pp. 15 to 18. J 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 14 APPENDIX to the THIRD REPORT OF THE [N'i,2, 3 . In the fcleclion of the particular parts of the wullcs and commons to be appropriated for this pur- pole, the convenience and advantage of ihe Proprietors will (,<.s far us it is pofliule) be confulted, by appropriating to their exclulive enjoyment, in every pollib'e c^le, the commons neareft adjoining to the incioled lands, and which are generally mod valuable, (independently of their convenience) which will give to the private Proprietors a further material a