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Windsor Forest

Why Nations Fail: The Origins of Power, Prosperity, and Poverty

Windsor Forest, west of London, was both a royal landscape and contested ground. In the early eighteenth century, its deer, enclosures, and surrounding customary rights placed local residents in conflict with landowners and government: raids by the Blacks prompted a severe parliamentary law, but a prominent prosecution nevertheless ended in acquittal. The forest thus brought the unequal enforcement of property claims into view, while showing that political power did not guarantee a conviction.

Royal Forest and Local Custom

In 1722 Windsor Castle stood amid a great forest, then full of deer, although little of that woodland remained by the time the account was written. The deer themselves carried a history of competing claims. During the Civil War, the entire population of deer at Windsor Castle had been killed; after the Restoration in 1660, Charles II had the park restocked. Later, local men hunted deer on lands belonging to the king and aristocracy, where hunting was illegal, but their actions were not limited to poaching for food.

The conflict concerned more than access to game. Across estates, landowners’ efforts to enclose or enlarge parks curtailed residents’ customary rights to graze animals and collect peat or firewood. The forest therefore appears not as an untouched royal backdrop but as a place where the reorganization of land imposed material costs on nearby communities. Restrictions around Windsor belonged to a wider political struggle over who could claim the use and benefits of land.

The Blacks and the Raids

Baptist Nunn, one of the forest keepers, recorded threats in his diary. On June 27, 1722, he wrote that men had come during the night, fired at him, and agreed to pay him five guineas at Crowthorne on the thirtieth. Another entry described a new surprise: a disguised visitor carrying a message of destruction. The diary records the confrontation from the keeper’s position, while the broader account identifies the men behind the threats as local groups who blackened their faces to conceal their identities.

The Blacks operated widely across southern England. They killed or maimed deer and other animals, burned haystacks and barns, and destroyed fences and fish ponds. At Windsor, their conduct combined poaching with attacks on property, making it more than an attempt to secure food. In 1722, the same year Nunn recorded the threats, armed and mounted Blacks raided the deer park of William Cadogan, an influential landowner, killing sixteen deer in the January attack; his estate was raided again in July.

Cadogan’s park helps explain the conflict’s local stakes. He had acquired about a thousand acres at Caversham, roughly twenty miles west of Windsor, and laid out a 240-acre deer park. The estate had been consolidated at the expense of people around it: residents were evicted, and their customary rights to graze animals and gather peat and firewood were withdrawn. Raids on Cadogan’s land, as on other estates belonging to notable landowners and politicians, made the Blacks’ resistance a challenge to a pattern of enclosure and exclusion.

The Black Act and the Limits of Enforcement

The Whig government answered with the Black Act, passed by Parliament in May 1723. It created fifty new offenses punishable by hanging. Carrying weapons and having a blackened face were both made crimes, and the law was soon amended so that blacking itself could be punished by hanging. The response transformed concealment associated with resistance into a capital offense, giving the government a formidable legal instrument against the raiders.

Nunn established a network of informers in Windsor Forest, and several suspected Blacks were arrested. Yet the passage from arrest to conviction was not automatic. The case of John Huntridge, accused on November 10, 1724, of assisting deer stealers and supporting known Blacks, was pursued from the top of government. The Regency Council of Lords Justices initiated the prosecution; Cadogan and Robert Walpole dominated that council, and Walpole personally sought evidence from an informant, Richard Blackburn. Huntridge was nevertheless acquitted after a trial lasting eight or nine hours. The jury cited procedural irregularities in the collection of evidence, demonstrating that even a law aimed directly at the interests of powerful Whigs did not ensure the conviction they sought.

Political Significance

The forest’s conflicts unfolded in a political order shaped by the Glorious Revolution of 1688. The interests represented in Parliament were plural: merchants, industrialists, the gentry, and the aristocracy had allied with William of Orange and later with the Hanoverian monarchs, but none was strong enough to impose its will alone. That pluralism did not prevent powerful landowners from restricting local rights, nor did it prevent Parliament from passing a harsh law. It did, however, leave room for procedural limits to frustrate a prosecution backed by leading officials.

Windsor Forest consequently links environmental change and political contest without reducing either to scenery. Deer parks and enclosed land were instruments through which elite claims altered local access; raids made resistance visible, and the Black Act sought to suppress it. Huntridge’s acquittal supplies the counterpoint: authority could legislate and prosecute, but its reach remained constrained by legal procedure. The forest’s history turns on that tension between the power to enclose and punish, and the limits on making those powers absolute.