52 HAMPSTEAD HEATH. 



other judges, in subsequent and similar cases. He 

 refused to decide himself on the issues of fact involved 

 in the suit, as to the nature of the rights, and number 

 of the Commoners, and directed that these issues, 

 eleven in number, should be tried before a jury. This 

 much disheartened the Commoners who had embarked 

 in the suit, as they foresaw a long vista of further 

 litigation. 



The researches made into the Court Rolls, in the 

 preparation of the Commoners' case in this suit, showed 

 that from the date of 1684, previous to which the rolls 

 had been burnt, there was undoubted evidence of the 

 exercise of rights of common by the copyholders, 

 and of the right to dig sand for the purpose of their 

 holdings. No doubt whatever existed in the minds of 

 the legal advisers of the Society, as to the sufficiency of 

 these rights to maintain the case of the Commoners 

 against the lord, and to justify a jury in finding 

 the issues in their favour, and the Court in giving 

 a permanent injunction against him. It was also of 

 the utmost importance to all the Commoners' cases, 

 in respect of other inclosures, that this case should be 

 tried out, and should not be compromised. 



In 1868, however, Sir Thomas Wilson died. His 

 successor in the property evinced a different disposition. 

 He announced his intention not to proceed with the 

 buildings on Hampstead Heath. Negotiations were then 

 opened for a compromise, by the purchase of the lord's 

 interests and rights by the Metropolitan Board, who had 

 always favoured the process of purchase of the Commons, 



