136 EPPING FOREST. 



prolong to them, for thirty years, a small fixed duty, 

 amounting to about 20,000 a year, on grain imported 

 into London, in lieu of a much wider charge, which 

 they had claimed, from time immemorial, for the metage 

 of grain. The Act authorising this provided that 

 the proceeds should be expended on the preservation of 

 Commons and open spaces within twenty-five miles of 

 the centre of London. But at the instance of the 

 Metropolitan Board, who were jealous of their own 

 jurisdiction, there were excepted from this provision 

 such Commons and open spaces as were within the 

 district of that Board. As Epping Forest lies beyond 

 this district, but within twenty -five miles of London, 

 the Corporation were able to use the funds provided by 

 this Act, for the maintenance of their suit and for the 

 ultimate settlement of the question. 



The great suit was commenced in the month of July, 

 1871. The Lords of Manors at once replied to it by 

 demurring to the case set up by the Corporation, 

 alleging that such a claim to a right of common of 

 pasture over the whole of the Forest could not be valid 

 at law. The demurrer was overruled by the Master of 

 the Bolls, Lord Bomilly, and his decision was main- 

 tained on appeal by the Lords Justices. It will be well 

 to quote from the judgment of Lord Justice Mellish : 



"The right/' he said, "alleged in the Bill is, in my opinion, 

 a right on the part of all the owners of lands in the Forest, for 

 themselves and their tenants occupiers of lands in the Forest, to 

 common over the wastes of the Forest. I can see no reason 

 why the right may not have a legal existence. I think it is 

 possible that the King, when the Forest was originally formed, 



