72 BERKHAMSTED COMMON. 



same. And nevertheless, it is not their Lordships' pleasure to 

 determine anything in point of right to the title, but after 

 the tyme of privilege of Parliament to leave to the determina- 

 tion of the lawe." 



It would seem that the House of Lords was not very 

 certain of its position in the matter. The delinquents 

 who had suffered imprisonment at its instance, for 

 four months, were released. They were not, however, 

 intimidated by this, or by the threat of the House 

 of Lords, for it appears from a complaint to the 

 Council of the Duchy in February of the following 

 year, that divers delinquents had again pulled down the 

 inclosure of Berkhamsted, in spite of the order of the 

 Lords for quieting the same during the time of Parlia- 

 ment. No further notice, however, was taken by the 

 Lords, and no attempt was made by the D achy of Corn- 

 wall to question as a trespass, in the Courts of Law, the 

 act of pulling down the fences. 



Under the Commonwealth, a few years later, the 

 Manorial Rights and the demesne lands of Berkham- 

 sted were sold by the direction of Parliament to 

 Godfrey r Ellis and Griffantius Phillips; and in 1G53, 

 Ellis offered for sale the 400 acres, approved in 

 1G39, assuming that the inclosure, though no longer 

 physically apparent, was valid in law. John Edlyn 

 again came to the rescue. He presented a petition 

 praying that Ellis might be compelled to make out his 

 title of the land. It was ordered on this " that upon 

 security being given by Ellis of all discharges which 

 the Commonwealth or the parties concerned should be 



