224 ROWLEY GllEEX. 



the Exchequer would have decided the Loughton case 

 against the inhabitants, for the reasons which they gave 

 in the Tollard Farnham case. 



The two cases are good illustrations of the old 

 saying that " Where there is the will there is a way." 

 The Loughton case had the good fortune to go before 

 a great lawyer who had the will to find a legal origin 

 for the custom. That of Tollard Farnham had the 

 misfortune to go before a Bench of Judges who appear 

 to have had no desire to find a legal origin for the 

 user which had undoubtedly existed. 



It cannot be denied that differences of this kind 

 with reference to popular rights are to be found on 

 the Bench, equally as on the political platform, and in 

 the uncertainties of legal decisions of olden times there 

 is ample excuse for Judges taking a course, in one 

 direction or the other, as may be most conformable to 

 their instincts. 



ROWLEY GREEN. 



The other case in which a reverse was experienced 

 was that of a Common known as Rowley Green, in the 

 Parish of Shenley, in Hertfordshire. The question 

 involved was whether the Lord of the Manor had the 

 right to inclose portions of the waste, with the consent 

 of the homage of the copyholders, and making his own 

 selection of the tenants to form such homage-jury for 

 the occasion. 



The Common is one of the few remaining attractive 

 open spaces to the North of London. The Manor consists 



