170 MALVERN HILLS. 
as against the lord, but common as between them- 
selves, and that the lord was to be excluded from 
having any right of common. ‘TI am of opinion,” said 
Lord Justice James, ‘that we cannot enlarge the words 
of their decree so as to include the right to take litter.” 
This victory, although on one line only of the 
defence, was decisive. Litter-cutting had been universal 
with the Commoners; and Lord De la Warr subse- 
quently consented to a decree declaring the right to 
exist in all the Commoners entitled to pasturage. 
Subsequently the Commoners’ Committee obtained a 
Provisional Order for the regulation of the Forest, 
under the Commons Act, 1876, and it is now managed 
and protected by a representative body of Commoners. 
If the judgment of the Court of Appeal had been in 
favour of Lord De la Warr, there can be little doubt 
that he would have been ultimately able to force the 
Commoners to inclose; as it is, the Commoners’ rights 
have saved the Forest, which is an exceedingly beautiful 
and valuable open space.* 
MALVERN- HILLS. 
A very similar case to Ashdown Forest was that of the 
Malvern Hills. This range of Hills, which adds so much 
to the attraction of Malvern, consists of about 6,000 
acres of open land, subject to common rights. The 
Hills were originally subject to Forest Laws, and with 
the adjoining lands were known as the “ Foreste de 
* The litigation in this case, which was very heavy, was con- 
ducted by Mr. Hunter, in conjunction with Mr, Raper of Battle. 
