BERKHAMSTED COMMON. 73 
at, in case he failed to make good his discovery, it 
should be referred to the counsel for the Commonwealth 
to peruse such evidence and proofs as might be pro- 
duced by the petitioners touching their interests 
claimed in the premises, and to state matters of fact 
and certify the same.” Ellis failed to give security, 
and on April 27th, 1659, it was ordered “ that inasmuch 
as Ellis had not made out any title in the Common- 
wealth to the Common in question, the said cause 
between the Commonwealth and John Edlyn should be 
dismissed, and that the petitioner should be awarded 
costs against Ellis.” Edlyn, therefore, after his long 
efforts and imprisonments, completely succeeded in 
preventing the inclosure of the Common. 
On the restoration of the Monarchy, the Duchy of 
Cornwall resumed possession of the Manor and its 
rights, and thenceforward no further encroachment or 
inclosure was attempted, until Lord Brownlow, in 1866, 
having bought the interest of the Prince of Wales in 
the Manor, repeated the arbitrary act of the Council 
of the Duchy in 1639, and inclosed the 434 acres in 
the manner already described. Mr. Augustus Smith 
proved an opponent not less determined to support 
the rights of the Commoners and the interests of 
the public than Edlyn, but not so unfortunate as 
to be imprisoned as a delinquent by the House of 
Lords, for violating their privileges by disorderly 
conduct, in abating an inclosure by one of their 
members. 
The suit against Lord Brownlow, commenced in 
