Rights of Common in Epping Forest
IN the Spring of 1883 complaints were rife that a large
number of cattle were turned out on the Forest, some not
marked at all, some improperly marked, and some belonging
to gipsies and other birds of passage for whom no shadow of
right has ever been put forward by any one ; also that uncom-
monable animals, such as asses and goats, were frequently to
be seen grazing. In consequence of these complaints, the
Conservators summoned a Meeting of Commoners and Keeves,
and it became apparent that in the minds of some persons the
adoption by the Conservators of the Regulation of the Court of
Attachments, dated August, 1790 (see Hunter's Epping Forest
Act, 1878, page 80) was held to have conferred a right of
Common on every person within the Forest Parishes occupy-
ing a house rented at £4, with or without land.
The Conservators were legally advised that the words in
the Regulation which were relied on to sustain this contention
had no such effect, that the regulation saved the common right
of cottagers who already possessed it, but did not confer a
right upon any one ; and further, that the Conservators might
cease at their pleasure to be guided by the Regulation. This
opinion being disputed by the "Commoner's Defence Associa-
tion," a meeting was arranged in the following spring between
a deputation from that body, the four Verderers, and Lieutenant
Colonel Howard (who, as Chairman of the Loughton Vestry,
had taken much interest in the discussion). At this meeting
it was pointed out to the Defence Association that in the
Forest Parishes there are not less than 20,000 houses, none
of which probably are now rented at less than £4. They
replied that they limited their contention to houses in exis-
tence before the passing of the Act of 1878, but as that Act
neither confers nor takes away any right of Common, it is
difficult to understand how it can be imported into the
discussion. Eventually the meeting agreed that a case should
be stated for the opinion of Mr. Horace Davey, Q.C., and this
was shortly afterwards done at the joint expense of the
Verderers and Colonel Howard. In order that the contention
of the Commoners' Defence Association might be stated as
fully and accurately as possible, a draft of the case was sub-
mitted to them, and every alteration in it which they desired
was made.