362 CONCLUSION. 



supported and vindicated through the medium of the 

 Commoners' rights. The success of this work was 

 largely due to the progress of public opinion on the 

 subject. It would be a mistake to suppose that the 

 Judges are not within certain limits amenable to public 

 opinion. It would be very unfortunate if it were other- 

 wise. Public opinion is an environment or atmosphere in 

 which all functionaries, equally with legislators, perform 

 their duties. Even the highest Judges in the land have 

 many opportunities of almost unconsciously deferring to 

 it. If public opinion had been in the opposite direction 

 on the subject of Commons, it would have been quite 

 possible, and indeed easy, for the Courts to have opposed 

 obstacles to the use which was made of the Commoners' 

 rights on behalf of the public. The insistence on what 

 were really technical, rather than substantial, rights of 

 common, for the purpose of preventing inclosures, os- 

 tensibly in the interests of Commoners, but really for a 

 wholly different object, namely to secure the land for 

 use and enjoyment by the public, might at one time be 

 considered as scarcely worthy of the aid of the Courts of 

 Law ; whereas at another time, and with an universal 

 desire to save such open spaces for the public, they might 

 be welcomed as perfectly justifiable and efficient weapons 

 for the purpose. In this view it was essentially neces- 

 sary to proceed cautiously, and in no way ahead of 

 public opinion, while at the same time discussions in 

 Parliament and elsewhere gradually educated that 

 opinion. This change made itself felt in the Law 

 Courts, and doubtless lent its aid to the suits which were 



