38 THE COMMITTEE ON COMMONS. 
would require. We have already stated our reasons for thinking 
that the enjoyment which the public have hitherto had of these 
spaces may be allowed to continue, and will continue unless 
Parliament gives those facilities for inclosure, which we consider 
cannot be claimed by Lords of Manors or by Commoners as 
of right. The existence of these undefined rights is virtually 
the safeguard of the public in preventing inclosure. That 
being the case, we are unable to recommend a comprehensive 
scheme of purchase.” 
They recommended as an alternative that facilities 
should be given for putting the Commons under schemes 
of regulation for the protection of their surface from 
nuisances, and for relieving the Lords of Manors of the 
difficulties which they complained of, and for removing 
from them the temptation to inclose. 
The Report was adopted in preference to that of 
Mr. Doulton, embodying the scheme of purchase and 
of sale of parts of the Commons, in order to secure the 
residue, by a majority of two to one. It will be seen 
later that the views of the Committee as to the existence 
of common rights sufficient to protect the Commons 
and to abate inclosures, where attempted, have been 
entirely confirmed by the long experience of subsequent 
litigation, and that their chief recommendation, for the 
repeal of the Statute of Merton, has at last, after 
nearly thirty years, been practically carried out by 
Parliament. 
