7
you have been down to inspect these places. If you have seen that you
will agree with me that it was a most abominable inclosure.
The ARBITRATOR : Is that Schwinge's ?
Mr. BURNEY : Yes.
The ARBITRATOR: These are public matters that you are referring
to. They do not require additional evidence.
Mr. BURNEY : No. That attempt was the moving cause of all this
agitation about these inclosures. A suit was brought against him for
obstructing the pathway. It was mismanaged somehow or other, and it
did not succeed. He succeeded in deforming that beautiful green. If the
suit had been commenced against him upon the same principle as Willin-
gale's and the other suits, which you know a great deal about, and the
City suit and others, as to the right of the commoners and the inter-
commoners over this pasture, of course it must have succeeded. The suit
was brought on a wrong issue and failed. Now I merely want to draw
your attention that that was the commencement of this agitation; and
from that time a very vigorous agitation, and a real, positive, and palpable
agitation went on.
The ARBITRATOR : What was the date of that inclosure ?
Mr. BURNEY : I really cannot tell you at the moment.
The ARBITRATOR : It is old enough to be an old inclosure.
Mr. BURNEY : It will come before you.
Mr. HUNTER : It is within the 20 years.
The ARBITRATOR : It falls within the Act.
Mr. BURNEY: Yes. Then a vigorous agitation commenced, of
which I had the honour to be one of the leaders, and it has gone on
ever since that. A very active agitation was going on when Mr. Peacock
brought forward his memorable motion. I was engaged many months, and
I spent many nights in getting up petitions in favour of his motion. I
again say that the greatest pride and pleasure of my life has been in having
been a founder and connected with the Commons Preservation Society. I
have a pamphlet in my hand which, perhaps, you will allow me to hand
to you, and which, if you please, you may keep (handing a document to the
Arbitrator). You will see my name upon that. That is 1867. I produce
that to show you that there was a living and a positive agitation, and this
is one of the outcomes of it.
The ARBITRATOR : It is not a long one at all events.
Mr. BURNEY : I want to lay it thoroughly before you, to let you
know that I am not a person who comes here for vanity, for I can very
ill afford to spare the time and attention I have bestowed upon it, any more
than the large amount of money and the great responsibility I have incurred;
but having commenced the thing I did not like, and I never intend, to give
it up. Now I come to this. Whatever decision you arrive at—of course
you will arrive at an honest and just decision I am sure—but I feel bound
to point out to you that if you come to the conclusion which is suggested by
Messrs. Paul, which I think is a suggestion wrong in every way, and in
defiance of most liberal terms, in my opinion, which have been offered them