HAMPSTEAD HEATH. 51 



house on the highest part of the open Heath, and of 

 other houses in another conspicuous part. It was a 

 direct challenge to the Commoners of their rights, and if 

 allowed to pass, would have resulted in the loss to the 

 public of this most valuable health-space, or in its en- 

 forced purchase by the ratepayers at an exorbitant price. 



Among the residents on the Common was the late 

 Mr. Grurney Hoare. He was induced to put himself 

 at the head of a local Committee for the protection 

 of the Heath. Several meetings were held at Hamp- 

 stead, which the writer and others attended, on be- 

 half of the Commons Society, and explained the legal 

 position of the Commoners, as they understood it, and 

 the expediency of their asserting and maintaining, their 

 rights against the inclosures of the lord. A consider- 

 able fund was raised to support the necessary litigation, 

 and a suit was commenced against Sir Thomas Wilson, 

 in the name of Mr. Grurney Hoare, who was an un- 

 doubted Commoner. It was the first suit of the kind 

 that is, at the instance of a single Commoner, on 

 behalf of all others of his class, asking for a declara- 

 tion of their rights, and claiming an injunction to 

 restrain the Lord of the Manor from inclosing. 



The suit came on for hearing, after an interval of 

 two years, before Lord Romilly, then Master of the 

 Rolls. He overruled the objections taken to the form 

 of the suit, and allowed it to be brought by a single 

 Commoner on behalf of the other copyholders having 

 rights over the Common. But unfortunately, he did 

 that which was never again done either by himself, or 

 e 2 



