4
Throw a Sop to the Commoners
in the shape of a nondescript thing which the Corporation are pleased to
call an Act of Grace. They say in effect "although you poor Cottagers, not
holding half-an-acre, have no right to turn your cattle out, still, by an Act
of Grace we will allow some of you, if you behave yourselves to do so." But
this so-called Act of Grace has placed the Corporation in a difficulty they
did not forsee. They have no right under the Act to give Common Rights
to those not entitled to them. The Common Rights belong to Commoners
alone. Only those persons may turn out who have "right of commoning."
That is distinctly and specifically defined by the Act. It is no matter of
grace, but matter of right. Those poor persons, then, whose cattle the
Conservators mark, may certainly be sure that they are legally and fully
Commoners, although the Conservators refuse to place their names on the
Register of Commoners, or allow them to vote for their representatives,
the Verderers. The Cottagers are Commoners, not by Act of Grace, but
something that in their case is better, by Act of Parliament.
This fact, somewhat late in the day, appears to have dawned upon the
Corporation, and suddenly a number of Loughton Cottagers were informed
by the Reeve, acting on a list he had received from Mr. A. Mackenzie, the
Forest Superintendent, that their cattle would no longer be marked
under the Act of Grace. Upon this the Defence Association Secretary, in
a letter, dated May 9th, 1891,
Appealed to the Lord Mayor.
" I am desired by my Association to give you the names of some of the
small Loughton Commoners whose cattle have been marked for periods
varying from 12 to 30 years, but who have recently been refused the ancient
right of turning out on the Forest.
William Philpot, Woodberrie Hill; resident in Loughton for 30 years.
Joseph Webb, High Road; born in Loughton.
George Grogan, Forest Road ; resident in Loughton over 20 years.
Thomas Savill, Junr., Woodberrie Hill; born in Loughton.
J. Willingale, Woodberrie Hill; born in Loughton.
In the case of several of these poor Commoners I would venture to call
your Lordship's attention to the fact that although up till recently their
cattle have been marked and their right to turn out on the forest has not
been questioned, the Reeves, under instructions from the Corporation,
refuse any longer to mark their cattle."
One of these small Commoners, Thomas Savill, junr., to maintain his
right, continued to turn out his cattle in spite of the conservator's refusal
to mark them. It was a direct challenge to the Conservators. For they
have the undoubted right, under their own bye-laws, of impounding all
cattle found on the Forest not bearing the reeve's mark. But Savill's cattle
somehow never were impounded, and the conservators avoided accepting
the challenge which was offered them.
A Verderer's Action.
In the same year another of the Willingales (members of the family who
had stood up for generations for their Forest rights, and one of whom, in
recognition, had been pensioned by the Corporation) wrote a letter to the
Conservators. In order that the position taken up by the Verderers as
well as the Corporation may be appreciated, a letter of one of the Verderers
Mr. E. N. Buxton, is placed side by side with Willingale's.