IAMPSTEAD HEATH. 51 
house on the highest part of the open Heath, and of 
other houses in another conspicuous part. It was a 
direct challenge to the Commoners of their rights, and if 
allowed to pass, would have resulted in the loss to the 
public of this most valuable health-space, or in its en- 
forced purchase by the ratepayers at an exorbitant price. 
Among the residents on the Common was the late 
Mr. Gurney Hoare. He was induced to put himself 
at the head of a local Committee for the protection 
of the Heath. Several meetings were held at Hamp- 
stead, which the writer and others attended, on be- 
half of the Commons Society, and explained the legal 
position of the Commoners, as they understood it, and 
the expediency of their asserting and maintaining their 
rights against the inclosures of the lord. A consider- 
able fund was raised to support the necessary litigation, 
and a suit was commenced against Sir Thomas Wilson, 
in the name of Mr. Gurney Hoare, who was an un- 
doubted Commoner. It was the first suit of the kind 
—that is, at the instance of a single Commoner, on 
behalf of all others of his class, asking for a declara- 
tion of their rights, and claiming an injunction to 
restrain the Lord of the Manor from inclosing. 
The suit came on for hearing, after an interval of 
two years, before Lord Romilly, then Master of the 
Rolls. He overruled the objections taken to the form : 
of the suit, and allowed it to be brought by a single 
Commoner on behalf of the other copyholders having 
rights over the Common. But unfortunately, he did 
that which was never again done either by himself, or 
E 2 
