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The Forest Court Regulation of 1790.
But they have themselves adopted the regulation made by the Court of
Attachments of the Forest on the second day of August one thousand
seven hundred and ninety, which they had power to adopt under Section
33, Sub Section 8 of the Act of 1878, viz :—
"that the reeves within their limits shall mark for every person
that hath right of commoning on the said Forest, two cows for four
pounds per annum rent, or one horse, and no more, and so pro-
portionate for a greater rent. But such reeves may mark for every
poor cottager having a family, and right of commoning as aforesaid
one horse or two cows, although such person does not hold four
pounds per annum."
Surely, this regulation proves conclusively, that at the time it was made
the poorest cottagers were recognised as having a right of common by the
customs and assize of the Forest. For the regulation did not create a
right of commoning which had not before existed, and there can be little
doubt that the Court of Attachments had no power to confer a right of
common, even if it were so minded. We claim, then, that all owners and
occupiers of lands and tenements lying within Epping Forest, other than
the waste lands of the Forest, are legal commoners under the Decree of the
Master of the Rolls, and as such, are entitled to exercise the common
right of pasture, and to have their names placed on the Register of
Commoners.
The Common of Mast or Pannage for Swine.
Then there is another important point, having reference to the right of
commoning, for in addition to the pasture right there was the pannage
right, and those entitled to that right of course had what was the vital
qualification necessary for the exercise of the pasture right, under the
regulation of the Court of Attachments made in 1790, viz., a commoning
right. Who then were and are the persons so entitled ? All difficulties
and doubts were set at rest by the Epping Forest Commissioners, who
reported :—
"As regards pannage, the owners and occupiers of lands and
tenements within the regard of the Forest, not being waste of the
Forest or inclosures from waste, have a right of common of pannage
for commonable swine within the Forest; namely, swine levant and
couchant on their lands and tenements aforesaid, as appurtenant
thereto, over all the wastes of the Forest during the time of pannage,
according to the assize and customs of the Forest," (Final Report
of the Epping Forest Commissioners, dated 1st March, 1877).
This is not ambiguous language, so that our course as to the pannage
right is clear. We claim that all owners and occupiers of lands and
tenements lying within Epping Forest, other than waste cf the Forest or
inclosures from waste, are entitled to exercise the right of common of
mast or pannage for swine, that they are, therefore, legal commoners, and
are entitled to have their names inserted on the Register of Commoners.
Cottagers' Claims Briefly Formulated.
To formulate" the cottagers' claims—we demand, in virtue of Section 5
of the Epping Forest Act of 1878, that all owners and occupiers of lands
and tenements lying within Epping Forest, other than the waste lands or
inclosures from waste, shall have their rights of common as aforesaid,
recognised by the Conservators, be accepted as legal commoners, and have