CHAPTER XX

THE FIGHT FOR THE FOREST

The Commons Preservation Society—The saving of Epping Forest—The

Queen’s Rights—The Lords of the Manors’ Rights—The People’s

Rights.

A society had been founded in 1865, called the Commons Preservation

Society, which had for object to defend the public rights in the commons

round London. Two years later Fawcett joined their committee and

attended their meetings sedulously. One of his first actions was to

recommend that the sphere of their operations be extended to the country

at large.

[Sidenote: Epping Forest.]

He found them busy in the effort to save Epping Forest, which stretches

some ten to thirty miles to the north-east of the city. It is one of the

most beautiful forests of England. Old trees stand there that in their

youth witnessed the hunting of Saxon kings. Epping Forest was for many

centuries a favourite royal hunting-ground. Up to the time of Charles

II., kings followed the deer there in person. But after that time the

Crown no longer protected the game or looked after the woodlands, and

the district became waste land—subject only to certain rather vague

rights of the Crown, of the local lords of the manors, and of the

commoners.

In the nineteenth century the Crown thought to turn an honest penny out

of Epping. It sold its forestal rights over some four thousand acres,

about half the area of the forest, to the neighbouring lords of the

manors at an average price of £5 an acre. These gentlemen now began

gaily to enclose the land. The commoners were few and powerless, and the

lords of the manors professed to have compensated them or received their

consent, where they did not ignore them altogether. One landowner calmly

ploughed up three hundred acres without consent of Crown or commons.

[Sidenote: Prison for tree lopping.]

But though much of the forest was lost in some places, in others it was

successfully defended. For four years that part of the forest that is

within the Manor of Loughton was saved by the courage and public spirit

of a labourer named Willingdale. By immemorial custom the men of that

parish had the right of tree-lopping, and on St. Martin’s Eve at

midnight they used to meet and go into the forest, cut wood, and drag it

to their homes. When the lord of this manor, who was also the rector of

the parish, enclosed thirteen hundred acres, Willingdale and his two

sons, on the St. Martin’s Eve following, broke through the fencing and

lopped and carried away their wood. For this assertion of their rights

they were summoned before the local justices and sentenced to two

months’ hard labour.

The sentence roused great indignation in East London. The Commons

Preservation Society took up the matter, and a fund was raised to fight

the case in the law-courts on behalf of Willingdale.

Willingdale himself had a hard time. Unless he continued to live in

Loughton he had no right to bring his suit, but he could get no

employment there, and was forced to accept a pension from the Commons

Preservation Society. Even then he found it difficult to get a lodging

in the village. He was more than once offered big bribes of money if he

would abandon his suit. One son died in prison, and he himself died in

1870, but his pluck had saved the forest long enough for others to be

found to take up the fight.

It was during this litigation that Fawcett became actively interested in

the case. He appeared as one of a deputation from the Commons

Preservation Society to the Chancellor of the Exchequer, and shared in

the severe rebuke which that gentleman administered to the deputation.

[Sidenote: Royal Rights made People’s Rights.]

This reception was enough in itself to set Fawcett to work. He proposed

to move forthwith an address to the Queen, urging that the Crown rights

might be defended, and by this means the forest kept free for the

recreation of the people. He felt that a clear statement of a sane and

popular principle would force the Liberal party to choose a definite

course as champion either of popular rights or private interests.

In his determination to bring the whole matter thus before the public

and challenge the Government policy, Fawcett stood quite alone. The best

friends of the movement begged him to desist, believing he was inviting

defeat, and would thus injure the cause, but he had a firmer belief in

the strength of public opinion. It was another proof of that far-sighted

independence of judgment which his fellow-workers learned so heartily to

respect.

His influence on his friends deepened year by year. His personality is

perhaps most felt in the strong impression he made on them. Professor

Stewart, also an M.P., tells of Fawcett: ‘He sat at times when we came

to tell him things in his easy-chair with his hands holding the elbows

of it, his face towards us, his lips a little parted, his whole

physiognomy lit up with intelligence and interest, his mind evidently

drawing before itself the picture of which we spoke, and the smile that

was on his features playing even to his broad brow. Or again, when

animated with his own clear mental vision, his whole frame eloquent, he

spoke strong, incisive, direct words, looking through my very soul with

his empty eyes.’

[Sidenote: A friendly Cabby.]

He very rarely went about alone, but the late Sir Robert Hunter told of

once journeying to London with him one evening. ‘When we arrived at

Waterloo, Fawcett asked me to put him into a cab, and refused to let me

go with him, shouting “Good-bye” merrily as he drove off into the night.

Notwithstanding his fearlessness he seemed to me so helpless, this blind

giant all alone in a cab in London, utterly at the mercy of the cabman.’

But he had friends among the cabmen too, for once when he turned to pay

a cabby his fare, the man utterly refused it with ‘No, Mr. Fawcett, no,

sir. You have done too much for the working man.’

When his motion came on in the House, he reviewed the whole question of

Epping Forest and showed the value of the Crown rights as a protection

of the people’s rights. He stated that the Crown had sold its rights on

four thousand acres for £18,603, 16s. 2d., so small an amount as to be

negligible to the Chancellor of the Exchequer, and a healthful means of

enjoyment for the people had been destroyed. Ten times the sum might

have been saved by abolishing a sinecure office, such as the Lord Privy

Seal. This last a truly Fawcettian fling.

[Sidenote: Deer, yes. Picnickers, no!]

The principal argument which he had to meet now was that ‘the forest

rights were relics of feudalism; they were useful to keep up deer for

the royal hunting. Now that the Queen did not want to hunt it would be

unfair to keep them up for a different purpose.’ A man may not put up a

fence to keep out the Queen’s deer, but he may put it up to restrain a

picnic party of her subjects. The Queen might not make over her rights

to the public, but must resign them to the lords of the manors. Fawcett

(taking, I fear, a real and humorous satisfaction in his reply)

answered, ‘If a right ceased when the original purpose became obsolete,

what would become of the lord of the manor? He had ceased to discharge

any duties; should he cease to have any rights?’

Fawcett’s motion was strongly supported. Mr. Gladstone showed a wider

appreciation of the significance of the problem than other members of

his Government. He conceded that Fawcett had demonstrated that it was

the duty of Government to take up the question, and as the champions of

the people to secure whatever was practical. He proposed a modification,

accepted by Fawcett, and the motion was passed.

This was a great triumph, but entire success was not yet assured.

Government endorsed the policy of the Commons Preservation Society. The

Prime Minister recognised that Fawcett’s road was the right one to

travel, but there were still many enemies who were to be won over to an

appreciation of the people’s rights. A compromise was proposed which

seemed quite inadequate to the society. But the Government introduced a

Bill on the lines of this so-called compromise which would have enclosed

nearly all the forest and have left, perhaps, six hundred acres in

various scattered plots to be reserved for public use.

[Sidenote: An inept Proposal.]

At once Fawcett gave notice of moving the rejection of this inept

document. For this and other technical reasons the Bill was dropped. But

even its short life had shown its infirmities to such a degree that

Government was too wise to let it reappear.

[Sidenote: High Beach.]

The next year, 1871, the Commons Preservation Society was stirred to

immediate action by a new danger. Notice was given that the most

beautiful of the ancient trees in Epping, those of High Beach, were to

be felled! High Beach was a part of the forest in which there were no

Crown rights. The timber belonged to the lords of the manors and the

rights of the public seemed difficult to ascertain. The Commons

Preservation Society sat in committee, and Fawcett suggested that a

motion should be proposed in the House of Commons desiring that measures

should be taken for keeping open those parts of the forest which had not

been enclosed by consent of the Crown, or by legal authority. This

ingenious phrasing, for all its complicated appearance, would have the

simple and satisfactory effect of saving Epping Forest until such time

as the House of Commons legislated further on the subject. Fawcett

suggested that this motion should be brought forward by Mr. Cowper

Temple, who, on account of his previous services and his less extreme

views, was much better qualified to press the matter than himself. This

was like Fawcett, thorough and direct, standing back to give another his

place whenever it meant better service.

Government opposed this resolution with all its force, but so strongly

had the public feeling been roused that it was defeated by a majority of

one hundred and one.

[Sidenote: The Hunting-ground of Kings.]

[Sidenote: Five thousand acres secured for the People.]

Later in the session the Government appointed a Royal Commission. And

then the City of London found out that it also had forestal rights, and

took the matter into the law-courts. For eleven weary years more the

battle went on. It was not till 1882 that Queen Victoria went in person

to Epping Forest to hand over five thousand acres of the old

hunting-ground of her ancestors to the people of England. But the

critical time had been in those first years before the public conscience

was roused. And in those years Fawcett’s persistence had made the

after-work possible.

By his brave common sense, and lucid justice and eloquence, Fawcett had

won this great battle for the people for all time. In his article in the

_Fortnightly_, the following November, he says: ‘The few remaining

commons are the only places where the people, except by sufferance, can

leave the beaten pathway or the frequented high road.’ ‘And yet this

Government, so grand in its popular professions, so strong in its

hustings denunciations of those who would divorce the people from the

soil, used the whole weight of official influence to enclose the few

commons that were left.’ ’so anxious were they to pursue this policy of

depriving the public and the poor of their commons that night after

night the House was kept sitting to two or three o’clock in the morning

in order to pass an Enclosure Bill,’ ‘and the Ministry, apparently

willing to risk something more than reputation in the cause, were

disastrously defeated by those who were anxious to preserve Epping

Forest.’

The Ministry had come to stigmatise him as ‘impracticable.’ Yet the

course which he obliged them against their will to follow was of vital

importance to the country, and it seems as if the ‘impracticable’

Fawcett, the blind Don Quixote, had not tilted in vain at his opponents.

A Beacon for the Blind: Being a Life of Henry Fawcett, the Blind Postmaster-General · 第 20 / 31 章