276 ANNUAL REGISTER, 1813. 



to chancellor Rich ; from hence it 

 descended to sir Josiah Child, who 

 was the ancestor and founder of the 

 Long family. The earl of Castle- 

 main inherited it from the Childs : 

 from lord Castlemain it descended 

 to sir James Tylney Long; and 

 the present defendant married the 

 heiress of that family. None of 

 these persons whom he had men- 

 tioned had ever ventured to dis- 

 pute the right of the public— it 

 remained for the present defendant 

 to make that bold attempt. In 

 fact, he had already stated, that the 

 place in question was formerly 

 part of the public forest of Wal- 

 tham; and although the king might 

 of his grace have granted to some 

 of these noble persons the right to 

 enclose a part of the forest to make 

 it a park, yet he could grant no 

 more than belonged to him ; he 

 could not grant away the subjects 

 right; he might give away his 

 own land, but nothing short of an 

 act of parliament could deprive the 

 subject of his right of road. He, 

 therefore, should call his witnesses 

 to show that at all times there had 

 been a public road through the 

 park. He had 32 witnesses pre- 

 sent, and he should go on calling 

 them until his learned brother 

 should cry out, " hold, enough." 

 Many of them were the most re- 

 spectable magistrates in the county, 

 and many of them aged persons, 

 who would carry the thing as far 

 back as human memory could well 

 do. He understood that some dis- 

 tinction was to be taken as to wag- 

 gons, &c. : but the law of England 

 knew but three sorts of public 

 roads — a foot-road, a bridle or 

 horse-road, and a carriage-road; 

 and if he proved it a carriage-road 



for any one sort of carriage, it was 

 a road for all purposes; for where 

 a chariot had a right to go, a dung- 

 cart had an equal right to follow ; 

 but if they should prove that no 

 loaded waggons were ever seen in 

 the park, he had a very easy 

 answer, for there was a sharp and 

 steep bank at one part of the road, 

 which made it more convenient for 

 a loaded cart to go round, and he 

 should prove empty ones in abun- 

 dance passing through the place. 

 He would call his witnesses, and 

 incontestibly prove these facts. 



Benjamin Bigg, the first witness, 

 was a surveyor; he produced a 

 plan of the roads claimed. The 

 one was from Ilford and Romford 

 to Woodford or Wanstead, which 

 entered at a gate called the Flat or 

 Forest gate, went through the park 

 in front of the house, and went out 

 at a gate called Wanstead gate ; 

 the other was from Laytonstone to 

 Ilford, and entered at the iron gates 

 in front, and nearly passing the 

 house, joined into the other road. 

 He had known the park for many 

 years, and always had used these 

 roads as public highways ; the gates 

 were swinging gates, and had no 

 locks upon them. 



Appleton, late steward in 



the family, stated, that, in the 

 month of April last he shut up the 

 gates by order of Mr. Wellesley, 

 by a chain and lock. Mr. Wilson 

 came with a blacksmith, and forced 

 them open ; he again, by like 

 orders, chained them, and ordered 

 a trench to be dug across the road. 

 Once, during sir James Tylney 

 Long's time, he shut the gate, but 

 Mr. Bosanquet and Mr. Bamber 

 Gascoigne immediately sent to sir 

 James, and insisted the gate should 



