How the Park was purchased for the People.
Wanstead Parklands (Flats and Park)
It should never be forgotten that it was due to the stupendous efforts of the Corporation of London, brought about mainly by the untiring labours of Mr. John T. Bedford, that Wanstead Park and Epping Forest was secured to the people.
It will not be out of place to record this memorable struggle, and the way in which the Corporation were able to find money for the purchase of the Forest and Wanstead Park.
In ancient times the Corporation possessed the right to measure and tax all corn that entered the port of London. Modern innovations in the corn trade made this regulation very irksome; so, after consultation with the members of the corn trade, the Corporation consented to give up its right, which produced about £9,000 a year, if Parliament would grant it a small tax for a limited period upon foreign corn entering the port, the proceeds of which they undertook to devote to the preservation of open spaces. This was accordingly done, and in 1872 an Act was passed, and under its provisions the Corporation was empowered for thirty years to levy a tax of three-quarters of a farthing upon every hundredweight of corn entering the port of London.
Taxes are considered obnoxious things, as a rule, and this one was described as "a grievous burden upon the food of the poor," but as it is necessary to eat seventy-five half-quartern loaves before the tax amounts to one farthing, it is not one that many people could object to. And as it chanced that most of our corn at the time of the purchase of Epping Forest and Wanstead came from America, it may fairly be stated that the American farmers bought Epping Forest and Wanstead Park for us, an act of generosity on their part which we appreciate none the less because they probably knew nothing about it. Such is the enormous trade in foreign corn, however, that this insignificant tax brings in over £40,000 a year.
Now, the lords of the manors about Epping Forest had certain ancient rights of pasturage and pannage in the Forest. Not satisfied with this, they shamefully encroached upon the forest land, putting up fences around such pieces adjacent to their own property as seemed to them desirable to make such property the more valuable. The Governments of those days were criminally careless in looking after the public rights. Between the years 1854 and 1863 they had grossly sold the Crown rights in the Forest for some £18,000 (less than £5 per acre), and where the money went to has never been found out to this day. In 1850 the Forest comprised almost 6,000 acres. During the ensuring twenty years, half this area was surrounded by fences and partly built upon.
It was in 1871 that the battle for the people began. Public opinion had been excited considerably by the barefaced robberies. A right reverend Bishop had, for instance, enclosed one little acre. A reverend gentleman, the shepherd of a neighbouring flock, had completely enclosed one thousand acres—worth to him, if he could only have stuck to it, about £180,000. It is interesting to know that, having completed his little job, on the following Sunday he preached to his amused congregation (who knew all about it) from the text, "The love of money is the root of all evil." A noble and right honourable Earl appropriated five hundred and seventy acres, and when called to account, indignantly denied it, and stated through his agent that he had only five hundred and sixty-three acres. A gallant admiral had not only enclosed a goodly portion of the Forest, but had announced his intention of cutting down the timber on it. The Court of Chancery, however, soon showed him that, though he could "shiver his timbers," he could not shiver the timbers of the people.
It is all very well for a public body to sympathise with a movement, but it cannot always show its sympathy in a practical way. The Corporation, probably through some of its members living in the neighbourhood, knew of the growing agitation. Cogitations followed, and by a bit of luck the Corporation found itself in position to take up and fight the battle of the people.
On the east side of Wanstead lies the City of London Cemetery. It is remarkable that this last resting place of the dead became the stepping-stone to the restoration of Epping Forest to the living; for, if the land for this cemetery had not been acquired by the Corporation (the City Commission of Sewers), it would not have been in the position legally to maintain the right to break down the encroachments of the land-grabbers. The land upon which the cemetery was made was the ancient Manor of Aldersbrook, and in the time of James I the lord of this manor claimed for himself and his tenants the right of common and pasture for their beasts, throughout the length and breadth of the forest wastes.
Upon this the Corporation, when it had resolved to help the public, based its claim to interfere, and so the City authorities gave instructions for the preparation of a Bill in Chancery to dispossess these pirates of the land they had stolen.
During the Chancery proceedings, injunctions were obtained against the various defendants to prevent further damage. One of these was the gallant admiral already mentioned. Another was a man, caught red-handed, so to speak, who, plough in hand, was breaking up what is called Bush Wood, at Wanstead, where the great avenues are a most glorious spot. Although he stated he was only breaking up an odd corner, it was found he had taken a lease of the whole place at 30s. an acre, on the condition that he broke it all up.
It was not until 1874 that the chancery suit was ready to be tried. It had taken three years to prepare the case. There were seventeen defendants. It was tried before the Master of the Rolls, Sir George Jessel, and occupied twenty-three days in the hearing. It was a serious moment for the Corporation when the Judge commenced his judgment, for if the day was lost, the costs would amount to £100,000.
But the matter was not long left in doubt. Sir George Jessel's decision was clear and emphatic. "These persons [the defendants] have taken what did not belong to them, without the consent of the owners, and have applied it to their own purpose, and have endeavoured to support their title by a large amount of false evidence." It was fortunate for the worthy bishop, reverend minister, noble earl and gallant admiral that these words had not been uttered at the Old Bailey, for if they had, picking oakum, with the treadmill as a physical recreation, might have been their reward.
No attempt was ever made to upset Sir George Jessel's judgment. Important as the decision was, it was not all, for it left matters at a curious point. For it was stated during the trial that even if the Corporation gained the day it would stop encroachment by the lords of the manors, but it would not enable the public to have access to and enjoy the forest. The law as to common land was stated by Sir William Harcourt (who was one of the counsel in the case) to be this: " No one has a legal right to go on a common, but if he chooses to go on no one has a legal right to turn him off." I have put in this singularly beautiful bit of old English law so that it shall not be lost to coming generations.
The Corporation, flushed with victory, determined that no doubt should remain as to Epping Forest. As soon as the case was settled, steps were taken to buy up the rights of the lords of the manors, costing £110,000, and the Corporation therefore became the owner of the land, as trustees for the people. The ultimate result was, that about 5,530 acres were secured to the public. The entire cost to the Corporation was about £247,000.


