BERKHAMSTED COMMON. 75 



approve, and that sufficient is left for the commonable 

 rights. This he has failed to do ; and, in fact, 

 the attempt made by the late Earl is only a renewal 

 of the attempts made, in 1638, and 1642, and which 

 did not end till 1659, to inclose exactly the same 

 land, and for which there appears to me to be as little 

 justification now, as there was in the seventeenth 



ury. * 



There could not be a more complete vindication for 

 the action of Mr. Augustus Smith. After this it may 

 confidently be expected that the Common will remain 

 open and uninclosed for all time to come, and safe from 

 any further attacks by any future Lords of the Manor. 

 It is pleasant to be able to add that the relations 

 between Lord Brownlow and the people of the district 

 have not been disturbed by these events. Ashridge 

 Park has continued to be opened freely and generously to 

 the public, as in past times. 



It will be seen that the suit did not raise the ques- 

 tion whether the inhabitants of Berkhamsted have 

 rights over the Common, independent of the ownership 

 of land. The investigations, however, brought out the 

 fact that the town was incorporated by Charter in 

 1619, and it is probable that this was the renewal of an 

 earlier charter. It is true that the Corporation has ceased 

 to exist ; but it is only dormant, and may be revived at 

 any time. The better opinion appears to be that the 

 inhabitants are sufficiently incorporated to satisfy the 

 rule of law as to prescription, and to enable them to 

 * Smith v. Brownlow. L. R. 9 Eq., 241. 



