Delivered the 17th day of March 1904 by HORNE & BIRKETT of 4 Lincoln’s
Inn Fields in the County of London Solicitors for the Plaintiffs.
1. On Stonehenge Down in the Parish of Amesbury in the County of Wilts
there are a group of stones and surrounding earthworks which are together
known as Stonehenge. Stonehenge which is of very great antiquity
originally formed an ancient building and place of assembly for public
worship the burial of the dead deliberation on public affairs or other
public purposes and since it has ceased to be so used has remained a
national monument and place of resort of great public interest.
2. Until the acts of the Defendant hereinafter complained of there was
and there now ought to be free access for the public to Stonehenge by
means of roads running up to and through the same the sites of which
roads are shown on the plan hereunto annexed and are thereon coloured
green.
3. The said roads were at the time of the said acts and are public
highways for all His Majesty’s liege subjects to go and return on foot
and with horses and carriages at all times of the year at their free will
and pleasure.
4. Stonehenge is subject to a trust created by a grant or declaration of
trust which if in writing has been lost or by a Statute which has been
lost for the free user by the public of Stonehenge as a place of resort
and for the free access of the public thereto by means of the said roads
and the site of Stonehenge has since the creation of such trust been held
by the owners thereof for the time being subject to the said trust.
5. The Defendant has lately erected and maintains and threatens and
intends to maintain upon Stonehenge Down aforesaid fences along the lines
shown upon the said plan and thereon coloured red. The said fences
obstruct the said roads or some of them at the points marked respectively
A. B. C. D. and E. on the said plan and are obnoxious to and interfere
with the rights and privileges of His Majesty’s liege subjects referred
to in paragraphs 3 and 4 hereof.
6. The Defendant has been requested to remove the said fences but he has
refused and still refuses to do so and threatens and intends to maintain
the same and the obstructions hereinbefore complained of.