The Sun.
London, England, 1863-03-04 00:00:00

FOREST RIGHTS AND ENCLOSURES.

Mr. TORRENS called attention to the reports of the
Commissioners of Woods and Forests, reporting the sale of
rights of the Crown in Waltham, Epping, and other forests in
Essex, and to the fact that in consequence of those sales
numerous inclosures have been made in the forests by
the purchasers of Crown rights : and to move for a
select committee to inquire into the legality of those
and other recent inclosures; also to ascertain what steps
ought to be taken to preserve the rights of the public, or
the poorer foresters, and the inhabitants of the metropolis,
within the forests, as well as to inquire into their general
management.

Mr. COX seconded the motion. He only wished to pre-
serve the rights of the public, and not to interfere with the
rights of others. He claimed upon behalf of the inhabitants
of the metropolis the right of going on these lands when-
ever they pleased. If the committee of inquiry were granted
he would undertake to show that the public had enjoyed
that right for nearly 300 years without any objection. The
only right which those who wished to enclose the lands had
was, that of turning cattle upon them to graze. The people
had an undoubted right to go there for the purpose of dis-
porting themselves and enjoying the fresh air. The public
claimed that right, and what harm could possibly result
from granting a committee, so that the whole question
m'ght be at once and for ever set at rest.
Mr. P. WATLINGTON protested against the assump-
tion on which the motion was founded, namely, that the
public had any legal right over these waste lands. The
question being one of legal right, it seemed to him more
fittting to be tried by a court of law than a committee of the
house. Indeed, the question was the subject of judicial
investigation last year before Mr. Justice Wightman.
when a jury found that the public had no right to wander
over these waste lands. The Infant Orphan Asylum find
the Merchant Seamen's Institution were built on those
grounds, and surely it could not be the intention of the hon.
mover to deprive those institutions of possession. Surely
it was not right that thousands of acres of ground should
be allowed to lie waste because the public wanted recreation,
which a comparatively small number of acres would ade-
quately supply. Chigwell parish had been put to great ex-
pense under a pretence of this kind, and deprived of 150
acres. Much had been said of the enjoyments which thou.
sands had derived from Sunday excursions to Epping, but
no notice had been taken of the thousands of religious
people who had been scandalised by the Sabbath desecra-
tion resulting from such excursions. (Hear, hear.)
The ATTORNEY-GENERAL said the motion, accord-
ing to the terms of it, would erect a committee of that
house into a court of judicature to try the rights of indivi-
duals as oppcsed to the rights of the Crown, which would
be a dangerous precedent. The proper forum was a
eourt of law, which could enforce its judgment. He would
suggest that, in lieu of the hon. member's motion, the house
should agree to appoint a committee to inquire into the
condition and management of the royal forests in Waltham,
Epping, and Essex, and their enclosures, and consider
whether it was necessary to take any steps for the preser-
vation of the open space. (Hear, hear.) He hoped the
hon. gentleman would accede to this proposition. (Agreed,
agreed.)
Mr. TORRENS expressed his assent, and having ob-
tained leave to withdraw his motion, that of the Attorney-
General was adopted.