136 EPPING FOREST. 
prolong to them, for thirty years, a small fixed duty, 
amounting to about £20,000 a year, on grain imported 
into London, in lieu of a much wider charge, which 
they had claimed, from time immemorial, for the metage 
of grain. The Act authorising this provided that 
the proceeds should be expended on the preservation of 
Commons and open spaces within twenty-five miles of 
the centre of London. But at the instance of the 
Metropolitan Board, who were jealous of their own 
jurisdiction, there were excepted from this provision 
such Commons and open spaces as were within the 
district of that Board. As Epping Forest lies beyond 
this district, but within twenty-five miles of London, 
the Corporation were able to use the funds provided by 
this Act, for the maintenance of their suit and for the 
ultimate settlement of the question. 
The great suit was commenced in the month of July, 
1871. The Lords of Manors at once replied to it by 
demurring to the case set up by the Corporation, 
alleging that such a claim to a right of common of 
pasture over the whole of the Forest could not be valid 
at law. ‘The demurrer was overruled by the Master of 
the Rolls, Lord Romilly, and his decision was main- 
tained on appeal by the Lords Justices. It will be well 
to quote from the judgment of Lord Justice Mellish : 
“The right,” he said, “alleged in the Bill is, in my opinion, 
a right on the part of all the owners of lands in the Forest, for 
themselves and their tenants occupiers of lands in the Forest, to 
common over the wastes of the Forest. I can see no reason 
why the right may not have a legal existence. I think it is 
possible that the King, when the Forest was originally formed, 
