170 MALVERN HILLS. 



as against the lord, but common as between them- 

 selves, and that the lord was to be excluded from 

 having any right of common. " I am of opinion," said 

 Lord Justice James, " that we cannot enlarge the words 

 of their decree so as to include the right to take litter." 



This victory, although on one line only of the 

 defence, was decisive. Litter-cutting had been universal 

 with the Commoners; and Lord De la Warr subse- 

 quently consented to a decree declaring the right to 

 exist in all the Commoners entitled to pasturage. 

 Subsequently the Commoners' Committee obtained a 

 Provisional Order for the regulation of the Forest, 

 under the Commons Act, 1876, and it is now managed 

 and protected by a representative body of Commoners. 

 If the judgment of the Court of Appeal had been in 

 favour of Lord De la Warr, there can be little doubt 

 that he would have been ultimately able to force the 

 Commoners to inclose ; as it is, the Commoners' rights 

 have saved the Forest, which is an exceedingly beautiful 

 and valuable open space.* 



MALVERN HILLS. 



A very similar case to Ashdown Forest was that of the 

 Malvern Hills. This range of Hills, which adds so much 

 to the attraction of Malvern, consists of about 6,000 

 acres of open land, subject to common rights. The 

 Hills were originally subject to Forest Laws, and with 

 the adjoining lands were known as the " Foreste de 



* The litigation in this case, which was very heavy, was con- 

 ducted by Mr. Hunter, in conjunction with Mr. Raper of Battle. 



