APPENDIX TO CHRONICLE. 



271 



be opened. Sir James told him to 

 re-open the gates, saying, he did 

 not choose to have a rumpus about 

 it. Except on these occasions the 

 road had always been open. 



Thomas and John Wilson, esqrs. 

 two gentlemen of the neighbour- 

 hood, had known the park all 

 their lives, and they never knew 

 any interruption to the public in 

 using these roads. 



James and Josiah Ogle, esqrs. 

 —one had known the park 32 

 years, the other nearly as many. 

 They proved it had always been 

 used as a public road. 



A brewer, at Lay tonstone,proved, 

 that all his time his loaded dray 

 went through the park without in- 

 terruption. 



■ Osborne, an undertaker, 



proved that he accompanied the 

 funeral of Mr. Hatch, of Claybery 

 in this county, and also that of 

 his son, andthatthey went through 

 the park in their road from Clay- 

 bery to Little liford. 



Robert Wilkie, esq. Mr. W. 

 Raikes, late sheriff of the county, 

 and John Manby, esq. all gave 

 evidence of its being a public road 

 during their memory. 



J. Vincent, a post-chaise driver 

 at the Red Lion at Ilford, for 28 

 years had driven hired chaises 

 through the park. 



Timothy Lewin, another post- 

 chaise driver, proved, that he had 

 done the same for many years. 



Thomas Gribble, a very fine old 

 man of 86, and a great grandson of 

 one of Cromwell's captains, prov- 

 ed, that when he was a lad, a re- 

 lation of his, who lived at Wan- 

 Btead, always drove him for an air- 

 ing in the park, he having had a 

 fit of illness. 



Mr. Justice Heath here inter- 



posed, and said, surely the right 

 of a public road was proved enough, 

 unless it could be explained. 



Mr. Serjeant Shepherd admitted 

 that it was, and said that a great 

 deal of this (what must be consi- 

 dered as usurpation on the part of 

 the public) had arisen, in a great 

 measure, from the peculiar state 

 of this property. It had not been 

 under the eye of any owner for 

 many years. The period immedi- 

 ately preceding the present action 

 had been one of a long minority. 

 Sir James Tylney Long, the last 

 proprietor, had visited the place 

 but seldom, choosing rather to re- 

 side in a distant county, where he 

 had another estate. His immedi- 

 ate predecessor, lord Tylney, re- 

 sided the latter years of his life 

 abroad ; and died abroad ; so that 

 for the last fifty years there had 

 been no proprietor on the spot to 

 vindicate his right ; and during 

 that long period, that which had 

 commenced in aggression, by lapse 

 of time had assumed tiie apjiear- 

 ance of right. He therefore justi- 

 fied the conduct of Mr. Weilesley 

 in at least inquirinc into this cer- 

 tainly most inconvenient practice 

 of passing through his Park, and 

 claiming a right to go under his 

 very windows, and offend his 

 princely mansion with the passage 

 of unseemly carriages. If the right 

 were with the public, Mr. Welles- 

 ley would cheerfully submit to the 

 verdict ; but surely, under such 

 circumstances, he was justified in 

 instituting the inquiry. The an- 

 swer he had to give to this case 

 was, that the right had not al- 

 ways been exercised without iater- 

 ruption: But although this e^tate 

 had been left, as he had stated, in 

 a manner defenceless for many 



