38 THE COMMITTEE ON COMMONS. 



would require. We have already stated our reasons for thinking 

 that the enjoyment which the public have hitherto had of these 

 spaces may be allowed to continue, and will continue unless 

 Parliament gives those facilities for inclosure, which we consider 

 cannot be claimed by Lords of Manors or by Commoners as 

 of right. The existence of these undefined rights is virtually 

 the safeguard of the public in preventing inclosure. That 

 being the case, we are unable to recommend a comprehensive 

 scheme of purchase.'" 



They recommended as an alternative that facilities 

 should be given for putting the Commons under schemes 

 of regulation for the protection of their surface from 

 nuisances, and for relieving the Lords of Manors of the 

 difficulties which they complained of, and for removing 

 from them the temptation to inclose. 



The Report was adopted in preference to that of 

 Mr. Doulton, embodying the scheme of purchase and 

 of sale of parts of the Commons, in order to secure the 

 residue, by a majority of two to one. It will be seen 

 later that the views of the Committee as to the existence 

 of common rights sufficient to protect the Commons 

 and to abate inclosures, where attempted, have been 

 entirely confirmed b} 7- the long experience of subsequent 

 litigation, and that their chief recommendation, for the 

 repeal of the Statute of Merton, has at last, after 

 nearly thirty 3 ears, been practically carried out by 

 Parliament. 



