BANSTEAD COMMONS. 207 
held it to be proved that the Commons would not 
furnish pasture for more than 1,200 sheep, even if they 
were kept and turned out on the wastes according to 
the modern practice of sheep-farming; while if the 
sheep were turned out to get all their sustenance from 
the land during the summer months, according to the 
old practice, the Commons would not carry more than 
600 sheep. 
The Judges repudiated the doctrine contended for 
by the mortgagees that the measure of the rights of the 
Commoners was the average number of sheep which 
had actually of late years been turned out—a doctrine 
which involved the conclusion that because full use of 
their legal rights had not been made by the Commoners, 
they had therefore lost them. 
They also declared that the Commoners were 
entitled to the several rights which they claimed over 
the wastes, that the mortgagees were not justified in 
continuing Sir John Hartopp’s inclosures, and that the 
cutting of the pasture, herbage and turf, and the digging 
of loam by the mortgagees, were excessive, and consti- 
tuted distinct injuries to the rights of the Commoners 
and should be restrained; and they directed that the 
costs of the whole proceedings from the time when the 
mortgagees were made parties to the action should be 
paid by them. 
There could not have been a more triumphant 
victory for the Commoners. The judgment established 
all their claims. It is probable that, even without the 
accession of Lord Egmont and Sir Charles Russell, they 
