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acting by the Mayor, Aldermen, and Commons, of the said City, in
Common Council assembled, as the Conservators of Epping Forest (in
this Act referred to as the Conservators).
It is certainly strange that this wealthy Corporation, -which has always
been so stubborn in defending its ancient, but withal, its moribund privi-
leges, should be the body to suspend or sacrifice the ancient privileges of
poor cottagers. At the last meeting of commoners, held at Loughton,
Mr. E. N. Buxton complained, somewhat unreasonably, that the cottage
commoners had never formulated their demands, and insinuated that their
leaders had not gone very deeply into the matter. To prevent the repeti-
tion of such a charge, the legal claims of the cottagers are here formu-
lated.
THE LEGAL CLAIMS OF THE COTTAGERS.
The Fourth Schedule of the Epping Forest Act of 1878 reads :—
1.—Register of Commoners.
"1.—The Conservators shall, before the 31st clay of December, 1879,
make and they shall thenceforth keep a Register of Commoners, on
which they shall insert the name, description, and address of every
person or body entitled to a right of common in or over Epping
Forest, on his or their claiming to be so inserted, and adducing such
reasonable proof of title as the Conservators require."
Who are the persons so entitled to a right of common in or over Epping
Forest ? Evidently and undoubtedly those persons who have the pasture
or pannage right under Section 5 of the Act, and are therefore commoners.
"Section 5.—All rights of common of pasture and of common of mast
or pannage for swine on or over Epping Forest, as they exist at the
passing of this Act, shall continue, without prejudice, nevertheless,
to the provisions of this Act (which rights are in this Act comprised
under rights of common.)"
In reference to the pasture right as it existed at the time of the passing
of the Act, there is the
Decree of the Master of the Rolls,
made in the suit of "The Commissioners of Sewers v. Glasse," on the 24th
day of November, 1874:—
"the owners and occupiers of lands and tenements lying within
Epping Forest, other than the waste lands of the Forest, are entitled,
in right of and as appurtenant to their several lands and tenements
within the Forest, to a right of common of pasture upon all the waste
lands of the Forest, for all manner of cattle commonable within
the Forest, levant and couchant upon their respective lands within the
Forest according to the assize and customs of the Forest."
This Decree we claim entitles the cottagers to the right of common of
pasture.
The Customs and Assize of the Forest.
The Conservators have failed to produce any evidence as to the customs
and assize of the forest, which justifies them in excluding the cottagers
from the Register, and in refusing to acknowledge them as legal
commoners.