224 ROWLEY GREEN. 
the Exchequer would have decided the Loughton case 
against the inhabitants, for the reasons which they gave 
in the Tollard Farnham case. 
The two cases are good illustrations of the old 
saying that “Where there is the will there is a way.” 
The Loughton case had the good fortune to go before 
a great lawyer who had the will to find a legal origin 
for the custom. That of Tollard Farnham had the 
misfortune to go before a Bench of Judges who appear 
to have had no desire to find a legal origin for the 
user which had undoubtedly existed. 
It cannot be denied that differences of this kind 
with reference to popular rights are to be found on 
the Bench, equally as on the political platform, and in 
the uncertainties of legal decisions of olden times there 
is ample excuse for Judges taking a course, in one 
direction or the other, as may be most conformable to 
their instincts. 
ROWLEY GREEN. 
The other case in which a reverse was experienced 
was that of a Common known as Rowley Green, in the 
Parish of Shenley, in Hertfordshire. The question 
involved was whether the Lord of the Manor had the 
right to inclose portions of the waste. with the consent 
of the homage of the copyholders, and making his own 
selection of the tenants to form such homage-jury for 
the occasion. 
The Common is one of the few remaining attractive 
open spaces to the North of London. The Manor consists 
