ITS HISTORY 19
as honorary solicitor to the Commons Preservation
Society, had for several years made the law affect-
ing common rights his especial study. It was
contended on behalf of the lords of manors that
each manor was separate, and that its commoners
had no rights over the remainder of the Forest, so
that, in fact, if he could succeed in satisfying his
own commoners, each lord of a manor could
enclose or do as he liked with it. On behalf of
the Corporation, on the other hand, it was urged
that there never were such boundaries, and that
the commoners had always enjoyed the right of
" Intercommonage," as it was called—i.e. for their
cattle to wander all over the Forest.
This tremendous legal battle, in which eighteen
barristers were engaged, lasted for three years,
and the final hearing for seventeen days. At
length, on the 24th November 1874, the Master
of the Rolls, Sir George Jessel, delivered a judg-
ment which has never been surpassed for lucidity
and conciseness, completely endorsing the con-
tention of the Corporation, and for ever over-
throwing enclosures, the illegality of which was
left beyond dispute. So masterly and conclusive
was the judgment that no attempt was ever made
to appeal against it. The action was said to have
cost the successful litigants £25,000. It is need-
less to say that this happy conclusion of the long
controversy, which had cost so much anxiety and
heart-burning, was received with general con-
gratulation.
Soon after, the Commissioners, who for several
years had been prosecuting their inquiries on the
same lines as the Corporation suit, presented their
report, which included a scheme for the future
regulation of the Forest, but recommended very
easy terms to the " grantees "—i.e. those who had
bought land shown to be illegally enclosed. This
did not meet with general assent, and Mr. Burney, a
commoner of the Forest, took upon himself to bring
down a large party of workmen, and demolished
the fences of some of the grantees ; and, although
this action was condemned at the time, it had the