ROWLEY GREEN. 225 



of 300 acres of land held by free tenants, 200 acres 

 by enfranchised copyholders with rights of common, 

 and 52 acres of waste land or Common. On April 5th, 

 1887, at a customary Court of the Manor, a piece of 

 land about half an acre was granted by the lord, 

 with the consent of the homage of copyholders, to 

 Eleanor Ramsey. The land was part of the waste in 

 a green lane communicating with the Common, and 

 the inclosure almost blocked the public way to it. 

 This proceeding aroused a strong feeling in the parish. 

 It was considered an unwarrantable encroachment on 

 the rights of the Commoners, and a hideous disfigurement 

 of the Green. It was also regarded as a dangerous 

 precedent for the whole Common. It was not, how- 

 ever, till May, 1891, that any action was taken, and that 

 some of the inhabitants removed a part of the obstruc- 

 tive fence. Thereupon a suit for trespass commenced. 

 The defendants justified tbeir proceedings as Commoners. 

 On the other hand, the Lord of the Manor defended 

 his course on the ground of a custom of his Manor 

 to inclose with the consent of the homage. 



It appeared that the Steward summoned certain 

 or the copyholders to be members of the homage for 

 the occasion, and the proposed grant was submitted to 

 these nominees of the lord, who gave their assent to 

 it. The defendant in the case was an enfranchised 

 copyholder, who had no longer any right to be 

 summoned, but who retained his right of common 

 under the Copyhold Act. He claimed that, whatever 

 might be the validity of the alleged custom to inclose 



