BERKHAMSTED COMMON. 73 



at, in case lie failed to make good his discovery, it 

 should be referred to the counsel for the Commonwealth 

 to peruse such evidence and proofs as might be pro- 

 duced by the petitioners touching their interests 

 claimed in the premises, and to state matters of fact 

 and certify the same." Ellis failed to give security, 

 and on April 27th, 1659, it was ordered " that inasmuch 

 as Ellis had not made out any title in the Common- 

 wealth to the Common in question, the said cause 

 between the Commonwealth and John Edlyn should be 

 dismissed, and that the petitioner should be awarded 

 costs against Ellis." Edlyn, therefore, after his long 

 efforts and imprisonments, completely succeeded in 

 preventing the inclosure of the Common. 



On the restoration of the Monarchy, the Duchy of 

 Cornwall resumed possession of the Manor and its 

 rights, and thenceforward no further encroachment or 

 inclosure was attempted, until Lord Brownlow, in I860, 

 having bought the interest of the Prince of Wales in 

 the Manor, ' repeated the arbitrary act of the Council 

 of the Duchy in 1039, and inclosed the 434 acres in 

 the manner already described. Mr. Augustus Smith 

 proved an opponent not less determined to support 

 the rights of the Commoners and the interests of 

 the public than Edlyn, but not so unfortunate as 

 to be imprisoned as a delinquent by the House of 

 Lords, for violating their privileges by disorderly 

 conduct, in abating an inclosure by one of their 

 members. 



The suit against Lord Brownlow, commenced in 



