lama!~ 0 Many open green spaces that we take for rights ot common granted today still exist because in the past they were preserved from enclosure and development by both legal and illegal resistance. This pamphlet briefly discusses the fight to save two such spaces in South London: Sydenham Common 86 One Tree Hill. A rousing tale of legal shenanigans, rioting, -1... intrigue and violent death... _ 1 \\ ~<-.*..i2-::.: .--ii W " -1; - l 5” x ‘- 0 ""T;‘¥;v\6 * ~.; ..\J__ H 1 ,1 1 ~§I;;,.:£é:':5\.€‘;s":°“'~.‘;&’ "" k")/figi __ - -' ""* ~‘C"'£3 l...__[““~‘___ '- ‘*9’-/' I .._,..15%4* AL.. ". -' -it-"~I'~T.IXQ fa‘ "".-""1 '1 ""1" ' " V .3,. r"".- J"_;%, Y‘ T\Q 31%.‘’5§t~‘..'11"I‘'-- c:-:4 ll| .».~.,I)?,Z§< ., -5 l f ugh I *’7""'§')\ - _... The Fight Against the Thett ot 5 denham Common and One Tree Hlll. Bettg O’Connor _p PERSONS CLAIMING RIGHTS OF COMMON “T/we law condemns the man or woman W//oo steals t/oe goosefrom oflit/oe common, But lets t/oe greater villain loose Who steals t/Je common from t/se goose. ” Many if not most of the open spaces - commons, woods, greens - of any size that remain today in South London, still exist because they were preserved from development by collective action. Whether by campaigns or by legal action, or by rioting, tearing down fences 86 re—opening up enclosed land. This pamphlet briefly discusses two spaces in South London: Sydenham Common SC One Tree Hill (with a brief look at Hilly Fields). _ Between the 16th SC the 19th centuries, much of the open land in England was enclosed, fenced off from public access or use, usually by rich landowners for agriculture, or sold off for house building. For hundreds of years, local people had traditionally benefitted from customary rights of use on common land, mostly grazing of animals and wood for fuel, but also often sowing of small plots on the fringes of commons for market gardens or feeding themselves. Commons and woods were vital in many places to the survival of large numbers of people. But despite its name, common land was rarely if ever, land held ‘in common’: it was almost always land owned by the Lord of the Manor, on which over time other people had come to exercise some rights of use. Traditional rights of access to the commons were always a battleground, not a happy interdependence between landowner and tenants, there was constant struggle all over the country over who got to take what from the land. Common rights often had no legal weight, they were part of an unwritten social contract, a remnant of feudal Dedicated to Mic/oael Bradley society’s complex web of inter-relations and obligations. and the ‘disorderly multitude’. Gradually, as capitalism developed, slowly replacing a society of vertical social obligations 86 custom with one based entirely on profit, landowners were starting to replace traditional land use with intensive agriculture, which‘ led to the clearing of woods and wastelands 86 the exclusion of the poor from the commons. e 1 Those deprived often lost traditional ways of making a living, or in Stuart kings, such as the Game Act of 1671, reserving hunting for the many cases ways of topping up incomes as labourers or craftspeople: rich and titled, banning the poor even the possession of nets, snares, or “In an increasingly legalistic age, an unwritten agreement counted fir certain types of dogs. As the poor’s diet was often short of legit meat, little in thefizce ofthe new law ” poaching was always widespread. In some areas it transcended an individual survival technique 86 grew into mass collective resistance, This process caused massive upheavals especially to the lives of the where large numbers would go disguised to poach en masse. In South poor, whose existence had become much more precarious since the London, Dulwich Wood (much larger then than the woods of that dissolution of the monasteries in the 1530s took away much of the name that survive) was a royal playground: locals were ordered to church-based charity system that provided a safety net for the old, ‘jforheare to hunt, chace, molest or hurt the king? stagges with greyhounds, destitute and the sick. Enclosure often formed a kind of rolling process, hounds, gunner or any means whatsoever”. A a vicious circle, where people expelled from most of the land would be forced to gather in smaller less secure, often squatted, communities on The mass upheavals caused by enclosures were not pushed though the fringes of woods and fields, more dependent on what open land without resistance. Many attempts to shut off land were fought, often remained and often becoming seen as a threat in the area due to their by large numbers of people, and often violently. There were armed desperation. Which in turn provided part of the rationale for enclosing rebellions (as in Norfolk in 1549), riots, mass outbreaks of trouble, for more wasteland and removing their houses. four hundred years. Many battles were won and many lost. The Great North Wood t Sydenham Common One battle that was ultimately lost was that over Sydenham Common, The area on the slopes of the hills that runs from Norwood to Brockley also was known in early medieval times as Westwood orWestwood was until the 18th century largely still woodland, the remnants of the Common. The name Westwood derives from the area being the old Great North Wood. This wood, a natural oak forest that had once western part of the parish of Lewisham, and heavily wooded; in fact stretched from Croydon to Camberwell, had broken up by the Westwood was a remainder of the old Great North Wood. Seventeenth Century, into smaller woods and commons, including Penge Wood, Gipsy Wood, Dulwich Wood, Forest Wood (or Forest Sydenham or Westwood Common covered the area between modern Sydenham and Forest Hill. Bounded in the Southwest by Hill), and Westwood (or Sydenham Common). Into the late 1700s many of these woods and Commons were still today’s Westwood Hill 86 Crystal Palace Park, in the Southeast it reached to Mayow Park and Sydenham Road; to the north to where inhabited by the very poor, squatters with nowhere else to go, and Honor Oak Park and Forest Hill Road now lie. For centuries it was outcasts like gypsies, (hence Gypsy Hill), or were haunts of robbers and split between coppices of farmed timber (enriching the Lords of the smugglers who used green lanes through Norwood and Peckham to bring contraband up from the coast. On top of demand for land for Manor, in turn the Abbots of Ghent, Priors of Shene and Archbishops development and more intensive agriculture there was also pressure to of Canterbury) and open tracts where locals and parishioners of clear these ‘undesirables’ out, a useful by-product of enclosures. Lewisham had ‘Common Rights’ to graze cattle 86 gather fuel. ~ After Henry VIII’ acquired Westwood in 1531 during the dissolution A lot of land was also reserved for hunting, the privilege of the rich, and the lower classes were banned from catching many animals, of the monasteries, the coppice system was gradually abandoned to reserved for hunting by aristos. Draconian laws restricting access to allow more mature woods to grow for use by the navy - crucial to the wars waged by the Tudor monarchs. These were felled wholesale in the game and land passed in the Middle Ages were renewed under the 2 6 3 utterly undone yfyt should he unjustly ta/een from them. ”l sixteenth century, leaving a stripped common, apart from two main Locals led by the vicar of Lewisham, Abraham Colfe, tried legal wooded areas, Coleson’s Coppice and Coopers Wood. The open land was a strong temptation to potential enclosers. The methods of challenging this, going to court. The parishioners fired off battle against enclosure began in 1605, when Henry Newport, a petitions in all directions, initially prompting the Barons of the Exchequer to rule against Newport's designs. Lewisham gentleman and Yeoman of the Kingis Household (ie a royal hanger-on) persuaded king ]ames I to lease him 500-600 acres of the After years of inconclusive legal wrangling however, in 1614 Newport Common, and attempted to fence a large part off for ‘improvement’. and his allies, Innocent Lanier and Robert Raynes, two more Officers of the Kings Household managed to obtain a lease on 347 acre of the Common for - t ----s--- -----I---|--w-.-- --.-..-|---.|-.-- '-..... .. ................- ---'-'-"""'-E “Unjustly takenfrom them” ' """" """""""" """"" ' '-' - I--. -...-..-....-...-.-.-...------1I.-------- .. .. ... .-.- ~4---I--I-IIII-—""‘* I Jl‘l.\n5i S, ‘ 5. Ralph Treswellis I607 Many inhabitants of Lewisham were small farmers or OCtOl)€F 21 COLUT gt ll1 su:_,vey ofSJ/denham —. husbandmen who W35 IO it Common. Confiuingly inqui1.6 into thg drawn ‘wzth South at the *~ 1» relied heavily on _ e 1 top! The ware to Czttmam Tnattfil-'3 Chi? Jury e s is Sydenham Road. the CE the free pasture -. i=1 F .. I f - - 0 | 1gI'10l‘€Cl tl'1€ ti H I//4 wazefrom Czttmam’ Perry “ available on the - fit ,__ '* _ ----‘ Vale, the ‘waiefrom Rushqy l"""‘"1 complaints of *’ G ,.. 1.1‘ common. At this _ y g ‘ F; I, reene Stanstead Road, MMQ\~\ - time there were the tes1dents of sol“; and the ‘waie to Duledge’; also large Lewisham and “ V ‘P " Pt"? °f5J’d¢"5“m Hi”- Lo numbers of found ‘against q squatters on the them. A common, encour- Newport, Lanier - and and Raynes sq ., 4-‘ii Q}. CI-did LnIq,l'{¢_ aged by the lack 'EVII of restrictions then tried to 1° K‘sii I .