Hi UNIVERSITY OF CALIFORNIA AT LOS ANGELES i-1 H MKiflK kB ^ ENGLISH COMMONS AND FORESTS. >t*4<j "j- l ENGLISH COMMONS AND FORESTS THE STORY OF THE BATTLE DURING THE LAST THIRTY YEARS FOR PUBLIC RIGHTS OVER THE COMMONS AND FORESTS OF ENGLAND AND WALES. BY Et. Hon. a. SHAW LEFEVEE, M.P. CASSELL and COMPANY, Limited: LONDON, PARIS tfc MELBOURNE. 1894. [all bights reserved.] PREFACE. I had some time ago collected the materials for, and had written, the greater part of this work, with the object of giving an account of the battle, since 1864, for the preservation of the Common lands and Forests of England and Wales. I delayed, however, completing and publishing it in the hope that a more favourable occasion might arise for claiming that the main object of the movement had been accomplished, either b}^ the completion of the long series of lawsuits, which had for so many years been running their course in the law courts for the preven- tion of inclosures under the Statute of Merton, or by the adoption of legislation, which would render such litigation unnecessary in the future. That occasion has now offered itself. During the past year, 1893, two most important results have been achieved. In the first place, Parliament has passed a measure for the virtual repeal of the Statute of Merton, under the assumed sanction of which, all the attempted inclosures of Commons, during the period referred to, were made. In the second place, after a struggle in the law courts of thirteen years, for the saving of Banstead Commons, in what it is hoped will be the last of the great Commons suits, Parliament, in spite of most 415946 vi PREFACE. determined opposition before Select Committees of both Houses, has sanctioned a scheme for the regulation of these Commons, under which they will be placed under the control and management of a body of Conservators elected by the ratepayers of the district. It has therefore decided that a Common may be practically taken out of the control and management of the Lord of the Manor and placed under that of an elective body in the interest of the district. These two important measures may be considered as having Virtually effected a legal revolution in the re- lation of Lords of Manors and their Commoners to the public with respect to Commons. Tlie fitting occasion, therefore, has arisen for putting on record the history of the movement, and for describing in detail the course of litigation which has had so large a part in forming public opinion and in rendering possible this legislation. I should have preferred that some other person than myself should have undertaken this task. But, in fact, of those who were concerned in the initiation of the movement, I find that I am the only survivor, who has continuously taken an active part in directing the policy of the Society for the Preservation of Com- mons, and who is conversant with all its proceedings. I must claim excuse, therefore, if I have occasionally lapsed into a narrative in the first person, and have referred to my own action. I have to render special thanks to Sir Eobert Hunter and Mr. Percival Birkett, who were professionally PREFACE. vii engaged in so many of the great law suits referred to, for the aid they have rendered in supplying me with information, and in assisting me in revising and com- pleting this work. The account of the Banstead Com- mons litigation is mainly derived from a pamphlet by Sir Robert Hunter, whose able pen and wise counsel have contributed so largely to the success of the cause. I am also indebted to Mr. P. H. Lawrence, who took so a in the initiation of the movement large part ; and I desire to acknowledge the kind assistance of Mr. James Hole and Mr. Fithian, who almost from the commencement of the Commons Society have been its Honorary and Acting Secretary. Some of the paragraphs in the opening chapter on the origin and history of Commons are taken from an account I published a few years ago of the then position of the movement for their preservation. The stories of some of the Commons cases, and especially of Epping Forest, may be partially known to the public, or may be found to some extent in the law reports, but they have not, I think, before been fully told, or collected together, with the object of giving a succinct history of the movement, and of explaining the process by which the Courts of Law, Parliament and the public have been gradually and fully convinced of the necessity of preserving our Commons and Forests, and have been instructed how to accomplish this object. G. S. L. January \Wi, 1894. CONTENTS. CHAPTER I. Origin and History of Commons. page Description of Commons London Commons Rural Commons Origin of Commons Village Communities Folk- Lands Rise of the Feudal System Manors The Statute of Merton Copyholders Customs of Villagers Gateward's ease Agitation against in- closures in sixteenth century Origin of Inclosure Acts Extent of Commons inclosed under Acts Effect on Rural Labourers General Inclosure Act of 1845 Origin of new movement against inclosures 1 26 CHAPTER II. The Committee of 1865 on Metropolitan Commons. Proposals in 1864 for Wimbledon Common Complaints of inclosure of London Commons Committee of 1845 Enquiry into inclosures Proposal for purchase by the Metropolitan Board of Works Report of Select Committee 27 38 CHAPTER III. The Commons Preservation Society. Renewed inclosures of London Commons Epping Forest inclosures Founding of Commons Society to resist inclosures Commencement of suits Proceedings in Courts of Law Sir H. Peek's prizes for Essays on Commons 39 46 CHAPTER IV. Hampstead Heath. Description of Hampstead History of Manor Lord of the Manor's proposals to grant building leases Resistance in Parliament CONTEXTS. PAGE Attempted inelosure in 1866 Resistance of Commoners Com- mencement of suit Compromise effected Purchase of Lord's rights by Metropolitan Board Purchase of Parliament Hill as an addition to Heath 47 57 CHAPTER V. BEKKHAMSTED COMMON. Description of Common History of Manor Inelosure by Lord Brown- low Removal of Fences by Mr. Augustus Smith Commencement of suit Inelosure in 1638 by Duchy of Cornwall Removal of Fences by Edlyn Action of House of Lords The Common during the Commonwealth Story of the suit Lord Romilly's judg- ment 58- CHAPTER VI. Plumstead and Tooting Commons. Description of Plumstead Commons History of Manor Inclosures by Queen's College, Oxford Resistance by Commoners Com- mencement of suit Decision of Lord Romilly Appeal Lord Hatherley's judgment against inelosure Scheme of regulation Addition to Common Description of Tooting Common History of Manor Inelosure by Mr. Thompson Commencement of suit Decisions of Lord Romilly and Lord Hatherley , . 77 88 CHAPTER VII. WlMHLEOON AND WANDSWORTH COMMONS. History of Wimbledon Common Manor Rolls Dispute between Lord of the Manor and Commoners Commencement of suit Investi- gation into rights of common Compromise Scheme for purchase of Lord's rights Regulation of Common History of Wands- worth Common Injury to Common by Railway Companies Disputes between Lord of the Manor and Commoners Litigation Compromise Scheme for Regulation 89 102 CHAPTER VIII. ElM'ING FOltEST. Description of Forest History of Waltham Forest Forest Laws History of Forest Manors Early perambulations Queen Eliza- CONTENTS. xi PAGE beth Exactions of Charles I. Attempts to disafforest Pro- ceedings of Commonwealth Re-constitution of Forest Courts by Charles II. Decay of Forest Courts Disafforesting of Hainault Forest Inclosures of Epping Forest Sale of Forestal rights of Crown Inquiries by House of Commons Renewed inclosures after the Committee of 1865 The Loughton inclosure Story of Lopping rights of Loughton Willingale's assertion of right His imprisonment Commencement of Willingale's suit Prelimi- nary judgment by Lord Romilly Investigations of Forest Records Corporation of London Commencement of suit by Corporation Proceedings in Parliament Fawcett's Motion Mr. Ayrton's Bill Mr. Cowper Temple's motion Epping Forest Commission Sir George Jessel's judgment in the Corporation suit Scheme for management of the Forest Lord Hobhouse's Arbitration The midnight meeting at Loughton The decision in the Lopping case The erection of the Loppers' Hall The final settlement of Epping Forest Cost of proceedings 103 160 CHAPTER IX. Ashdown Forest and Malvern Hills. History of Ashdown Forest Proceedings in Commonwealth Dis- afforesting by Charles II. Inclosures by Duchy of Lancaster Duke of Dorset's aggressions Lord De la Warr's suit against the Commoners Decision of Appeal Court in favour of Commoners History of Malvern Chase Disafforesting by Charles I. Recent inclosures Litigation Successful issue 161 173 CHAPTER X. Coulshon, Dartford, and Wigley Commons. Description of Coulsdon Common History of Manor Inclosure by Lord of Manor Excessive gravel-digging Suit on behalf of Messrs. Hall Vice-Chancellor Hall's judgment Purchase of Common by Corporation History of Dartford Heath Destruction of Common by excessivo gravel-digging Suit by Mr. Minet Injunctions to restrain inclosure and excessive gravel-digging History of Wigloy and Cadnam Manors Mr. Sloane Stanley's inclosure. of Wigley Common Mr. Briscoo Eyre's suit Dis- covery of decree of Lord Chancellor Hatton Mr. Justice Field's judgment Conditions of landownership in Manors . 174- xii CONTENTS. CHAPTER XI. Banstead Commons. PAGE Description of Commons History of Manor Mr. Alcock's proposal to dedicate Commons to public Sir John Hartopp's purchase His efforts to extinguish Common rights His attempted inclosures Formation of Banstead Common Preservation Society Commence- ment of suit History of suit Insolvency and flight of Sir John Hartopp's Solicitors His bankruptcy Proceedings of Mortgagees of Manor Further litigation Judgment of Court of Appeal Scheme for Regulating the Commons Opposition of Mortgagees Decision of Parliament Commons taken out of hands of Lord of Manor 188211 CHAPTER XII.