On May 16th 1751, a group of local residents climbed over the wall into Richmond Park, to carry out the traditional ‘Beating the bounds’ ceremony – an annual walk around the borders of a parish. This act was an act of defiance of the enclosure of the park and the restriction of rights of access; one incident in a hundred-year long history of the public’s exclusion from this huge open space. Within seven years rights of access had been restored…
King Charles I was fond of creating vast new hunting parks (his father James I had passed stringent game Laws preventing poor folk from hunting game animals on royal hunting land, (Charles II was to renew them in 1671). In the 1630s, Charles I oversaw the creation of Richmond Park.
Previous kings had already established a royal hunting ground in this area, by the 16th century this was known as Shene Chase; this was conveniently close to Shene Palace, re-built by king Henry VII at Richmond, and a favourite residence of the Tudor and Stuart rulers. Charles enclosed land which the crown already owned, but also appropriated some waste land, as well as common land from several local parishes – Richmond, Petersham, Kingston, Mortlake, Ham, Putney and Roehampton – together with two local farms, Hill Farm and Hartleton Farm. He also ‘persuaded’ local landowners to sell him more land – almost half the new park had previously belonged to someone else… many of whose families had lived there for generations, and provided a livelihood for many more, whose rights or interests in the land were not reflected by any ‘legal’ ownership rights. Others living and making a living in the area Charles wanted to enclose were crown tenants, who could and apparently were leant on, to give up their tenancies…
The king’s actions created a great deal of local resentment. Access to some traditional common rights for many of the local poor were almost certainly lost when the park was enclosed.
Even for those landowners forced to sell, the king’s price may have been high and fairly attractive, but several were apparently not happy to relinquish the land. In the end, though, who was going to say no to the king? Most acquiesced in the sale, but a stubborn minority held out. Charles responded by building a brick wall to separate out the park; many dissenters reluctantly gave in after this, as the wall would have in most cases cut them off from their lands inside.
Even the king’s most ardent supporters thought this kind of land grab was tactically a bad move. Laud, Bishop of London (later an Archbishop), and Lord Cottington, Chancellor of the Exchequer, both advised against such high-handed actions; not just because, as one advised him, that such behaviour was creating anger likely to bring about rebellion (Which of course it did), but because the expense of building a brick wall around the entire new park was huge. Cottington and Laud actively opposed the enclosure, trying to persuade Charles to drop the whole idea; without success.
Resistance having eventually been worn down, by 1635 there is evidence of Charles signing an agreement with several freeholders, copyholders and other inhabitants of Richmond, Kingston, Petersham, Ham, Mortlake and Wimbledon, to buy their lands for £4000. This amounted to 483 acres belonging to the manor of Ham and 265 acres belonging to the manor of Petersham.
It’s possible the king didn’t actually pay for all the lands he acquired. In Mortlake some locals who refused to sell had their land compulsorily purchased anyway; in retaliation they cut down all young trees and bushes on the land in question – over half of the land in Mortlake. The only recompense they seem to have received was an abolition of Ship Money [the tax Charles imposed nationally to raise money for the navy, a major grievance in the build up to the ‘great rebellion’ of the 1640s] for a year in the late 1630s.
The grievances created by the king’s high-handed actions burned locally for over 100 years.
There is some possibility too of canny politicking: the local poor’s right to access to the land for woodcutting & other fuels, was maintained. Unlike elsewhere, disgruntled well-to-do commoners or even landowners would be less likely to call on violent support from the poor if the latter’s own traditional usages were unaffected. Two rights of way were also apparently left open.
When Charlie lost his head, Richmond Park, like other royal property, was confiscated by the Commonwealth. Much royal property thus seized was sold off in the 1650s; however, Parliament granted the recently enclosed Richmond Park to the City of London, to keep the rich merchants on their side and providing cash too possibly (other lands were sold off, eg Hyde Park was flogged off to a private owner who proceeded to charge entrance fees). But with the Restoration of the monarchy in 1660, the park was enclosed again.
In the 18th century, Richmond Park was farmed out to rich politicians & royals, successively appointed ‘Park Ranger’, a nominal post (implying no actual work done) which however guaranteed a large income for them (around £6,500 a year, a huge sum then) and for the crown.
Robert Lord Walpole, son of the Prime Minister Robert Walpole, was appointed Ranger in 1740. His father, the Prime Minister, though, was widely regarded as effectively holding the position, making all the decisions, with his son as a mere figurehead. The elder Walpole spent a fair amount of money doing the park up, but to improve his enjoyment of the space, he restricted the rights of access that king Charles had left in place, removing a number of the ladders and closing some gates. He also had lodges set up at the remaining gates, with keepers, who had orders to admit, during the day, only “respectable persons” on foot, and carriages with the correct ticket. It is said that some ladders were replaced by mantraps, vicious devices usually aimed at injuring and trapping poachers; (I have not yet found evidence of this, though.)
The Park had, from a royal hunting ground, gradually become a resort of the nobility and royalty, for cavorting, riding, taking the air; the absence of plebs making the place look untidy was an obvious selling point for these nobs. But since the woods and fields there were full of deer, rabbits and hares, poaching in the park was a way of life, locally, especially as such good meat was expensive for the lower orders. Neighbouring Wimbledon Common being a notorious haunt of poachers, deer-stealers & other robbers. Between 1723 and 1725 there was a mini-war between deer-stealers & gamekeepers in Richmond Park, involving arson of keepers’ houses, and ‘diverse outrages and disorders’. At least two poachers were executed. John Huntridge, landlord of the Halfway House Inn on the wall of the Park, near Robin Hood Gate, was charged with harbouring deerstealers, but he was acquitted, to popular acclaim. Walpole had backed the case against Huntridge, and the landlord’s acquittal was widely seen not only as a local matter but as one in the eye for the rotten system of patronage and legal extortion Walpole and his class exercised though their control of public offices (like the Park Rangership).
The next Ranger of Richmond Park was Princess Amelia, favourite daughter of king George II, and a particularly hedonistic and self-centred royal with a strong sense of her entitlement to pretty much whatever she wanted. This included the desire to enjoy Richmond Park without the chance of ever coming across anyone of a lower social class than herself (ie almost everyone). Under her Rangership, the simmering local hostility broke into the open.
Shortly after taking up her appointment, in 1751, Amelia reduced access to the park even further, closing it completely to all except personal friends, and a few others; prospective visitors were required to obtain special permits, which weren’t easy to get hold of. She also blocked an old road from Kingston to Shene that had served as a footpath, and ignored legal warrants requiring the erection of stiles and ladders near Richmond Gate.
Local people reacted first of all by petitioning the Lord Chancellor (who, ironically, had supposedly himself been refused entrance!); but their petition was knocked back.
On Ascension Day 1751, the traditional annual “Beating of the Parish Bounds” ceremony, led by a Richmond clergyman, took place [I wonder if this local cleric was Thomas Wakefield, later a supporter of John Lewis’ campaigns to open up the Park?]. Ascension Day fell that year on 16 May – just over six weeks after Amelia had taken office as Ranger. Whereas in previous years, the Beating the Bounds’ party had been granted permission to enter the Park, this year they were refused. However, access was eventually obtained, albeit “with difficulty”. In fact, they entered by climbing over the wall, having either knocked down part of the wall, or taken advantage of an already damaged section. A publication later that year included an illustration of the incident, (see above) in which three of the Princess’ men can be seen sitting astride the wall, watching as a crowd clamber through a breach in the wall near Sheen Common. It is not known whether that the participants broke down the wall, but the walls were not always kept in a good state of repair, as a report in 1754 by the Deputy Ranger noted. It is possible, therefore, that the ‘trespassers’ simply exploited an existing defect. There is no legal record of anyone being prosecuted over this invasion of the park.
It is also uncertain quite how this Ascension Day incident – which clearly acquired a certain notoriety – related to Amelia’s closure of the Park. It may have been the trigger which led her to step up restrictions on access, or it may have been the first protest against actions which she had already taken at the very start of her Rangership.
The ‘Breaking the bounds’ incident was in effect an assertion of old rights of access to the old commons. It seems this ceremony had been allowed in previous years, but had been uncontroversial while some limited access was granted.
Further break-ins apparently followed the Ascension Day ‘trespass’. however. This incident was the effective beginning of a campaign of agitation and legal challenge through the 1750s.
The princess’ restrictions on access to the Park caused much inconvenience and resentment in the neighbouring parishes. Some political and legal opposition was launched in response: this included a number of petitions, “memorials” (ie formal memoranda or addresses), press notices and pamphlets. The 28 July, 1752 edition of the Post Boy contained a memorial to the Princess from the owners of estates in the parishes adjoining the Park, asking for rights of roads and highways, stiles or ladders at the gates, supplies of gravel (sometimes dug in the park) to maintain high roads in the neighbourhood, access to water and watercourses, and to furze and underwood for burning as fuel. They also suggested doors in the wall for parish officers to perambulate the bounds. This and other petitions were ignored, however.
Failure to win concessions by publicity and campaigning led to legal action. A trial took place in 1754, arising out of an incident where a group of gentlemen had apparently asked for admission to the Park from Deborah Burgess, then Deputy Ranger. As ordered by Princess Amelia, Shaw had refused admission, which sparked the case of Symonds v Shaw, which was heard on 12 & 13 November 1754 by Sir Dudley Ryder, Lord Chief Justice, Mr Justice Denison and Mr Justice Foster, sitting with a jury. The attempt to enter the park had clearly been intended to provoke refusal as part of carefully planned strategy, as £1,095 had been collected by the inhabitants of East Sheen for the costs of the legal action.
The trial appears to have been a shambles. The prosecution called 27 witnesses, who gave evidence of rights of way for vehicles and pedestrians. No fewer than 37 witnesses were then called by the defence; these included many noblemen, Lord Palmerston among them. The inhabitants’ case was however dismissed.
John Lewis (1713-1792), who lived in Richmond, and owned a brewery near the Thames close to where Terrace Gardens now are, now took up the struggle. A stroppy character. It’s not known if he attended the 1754 trial, but he was clearly aware of it, and decided that a more focussed line of attack was needed.
In 1755 Lewis went with a friend to Sheen Gate and waited until a carriage approached. The carriage’s driver produced a ticket to the gatekeeper, Martha Gray, and was allowed by her to enter the Park. Lewis then tried to walk in through the gate before it could be closed. Gilbert Wakefield, (brother of Thomas Wakefield, the minister at Richmond Parish Church), recorded the brief exchange that followed:
MG: Where is your ticket?
JL: What occasion for a ticket? Anyone may pass through here.
MG: No – not without a ticket.
JL: Yes, they may; and I will.
MG: You shan’t.
JL: I will.
Martha Gray then pushed Lewis, who allowed the gate to be shut against him.
Lewis then brought an action against the keeper (in reality aimed at princess Amelia). The case of Rex v Gray was born. Lewis cleverly based his case on a narrow legal issue: Charles I’s concession of rights of way for pedestrians only, in contrast to the 1754 case, which had sought unrestricted access for walkers and carriages, and his case was not clouded by the mass of evidence which seems to have led to the dismissal of the earlier claim.
Another local controversy may have inspired Lewis’ when he made his legal challenge in 1755. The year before, Timothy Bennett, a shoemaker of Hampton Wick, had successfully challenged a similar situation in nearby Bushy Park (which lies just over the river from Richmond). The Earl of Halifax had erected a wall round Bushy Park in about 1734, resulting in local people having to undertake a much longer walk between Kingston and Hampton, where they had previously been able to cut through the park. In 1754, Bennett, then in his late 70s, made representations to Lord Halifax, who restored the rights of way without any court action being necessary. [In Sandy Lane, Bushy Park, a memorial was erected in 1900 to Timothy Bennett. A footpath is also named “Cobbler’s Way” in his memory.]
Lewis’s case over Richmond Park initially came on for hearing at the Summer Assizes in August 1757. However it was nearly scuppered by the appearance of a pamphlet which attacked Amelia and asserted the public rights of access to the Park – a “Tract in the National Interest”, published anonymously. This reminded reminded readers that “The right of the people to a free passage through Richmond Park was a privilege they always enjoyed until the late Sir Robert Walpole audaciously divested them of it” and that the signs of the existence of ancient highways were there for all to see who were not deliberately blind.
The judge, the new Lord Chief Justice, Lord Mansfield, considered the pamphlet a libel, and its distribution sub judice and thus in contempt of court. He halted the trial and ordered those concerned with writing, publishing and distributing the pamphlet to be found. Lewis and his co-prosecutor, Shepheard, who were in court, were strongly suspected of being involved in the publication of the tract… However, in August, 1757, Lewis swore an Affidavit, denying being concerned in “printing or publishing the Pamphlett”. He also denied “dispersing any Copys” of it, and stated that he disapproved “of the printing or publishing any Matters which may have any undue influence on the minds of witnesses or the Jury”. However, he did not make any reference to the actual authorship of the pamphlet, leading Mansfield and many others to suspect he may have written it, if not more... Lewis was however not included in charges brought against some of those alleged to have been concerned with the publication of the offending pamphlet.
Lord Mansfield decided that the outcome of that trial would not have a bearing on the hearing of R v Gray, so he ordered that the substantive case involving the rights of access to the Park should be resumed at the next Assizes.
The case against Martha Gray eventually resumed at the Surrey Assizes, sitting at Kingston, on 3 April 1758. The court consisted of Sir Thomas Denison, Sir Michael Foster – who had been on the bench for the 1754 trial – and a jury.
After all the evidence was heard, the judges came down clearly in Lewis’s favour. He was asked by the court whether he wished to have gates made in the wall or step-ladders to go over it. Lewis decided that a door, which would have to be kept closed when not in use, so as to prevent the escape of deer, would give the impression that access was not freely available; and he also feared that, in time, a door might have a bolt fixed to it. So he opted for the erection of ladder stiles.
On 12 May 1758 ladder stiles and gates were affixed to Sheen Gate and Ham Gate; these were opened to the public on 16 May, when a “vast concourse of people from all the neighbouring villages climbed over the ladder stiles into the Park”. This re-opening occurred (by coincidence?) exactly seven years to the day after the Ascension Day trespass in 1751.
However, outraged at her defeat in court, princess Amelia ordered the rungs on the ladders to be widely spaced apart, so as to prevent people from using them. Lewis, however, went back to court over this, and Amelia was ordered to amend them so old people and children could use them.
Although people were supposed to keep strictly to the paths, it was reported that many simply started to wander the whole park, some reputedly declaring it to now be theirs ‘in common’. Initially carriages were still only let in with tickets. Another court case in 1760, attempting to open up the park for carriages was again lost; allegedly however, large-scale forgery of these tickets resulted.
Princess Amelia, clearly unable to stomach the invasion of a private playground by the hoi polloi, and unwilling to share the space, lost interest in the Park, and resigned the Rangership in 1761 (in return, according to Horace Walpole, for an annuity of £1,200).
John Lewis became a local celebrity. His portrait was painted by T. Stewart, a pupil of Sir Joshua Reynolds. The picture currently hangs in the Reference Library at the Old Town Hall, Richmond. An engraving was later made by Robert Field, a copy of which was said in the 18th century to hang in many homes in the area. On the engraving were the words of Rev. Thomas Wakefield: “Be it remembered that by the steady perseverance of John Lewis, brewer, at Richmond, Surry” [sic] “the right of a free passage through Richmond Park was recovered and established by the laws of his country (notwithstanding very strongly opposed) after being upwards of twenty years withheld from the people”.
But Lewis’ legal campaigns had left him pretty skint, and since his means of livelihood was lost when his brewing business was wrecked when the Thames flooded, he faced great poverty later in life. Local vicar Thomas Wakefield, another supporter of the campaign to open up the park, organised locals in the setting up of a small annual grant to help Lewis out, on which Lewis survived for some years, in recognition of the huge part he’d played in regaining popular access to the Park. A further effort to secure money for him was being made at the time of his death in 1792. Lewis was buried at St Mary Magdalene, the parish church of Richmond. The horizontal gravestone can be seen outside the church’s South side. The inscription, now in a poor state, reads:
“Here lie the remains of Mr John Lewis Late of this parish who died The 22 of October 1792 Aged 79 years”
It’s worth noting that despite Lewis’ achievement in legally confirming the right to cross the Park, this really only reclaimed pre-existing rights of way. The “right to roam” freely did not come about for another century at least. Public access continued to be restricted during the first half of the 19th century: although pedestrians could enter freely, they were largely confined to the roads and the defined footpaths. However, he had established the principle of public access, following failed attempts by others.
The enactment in 1872 of the Royal Parks and Gardens Regulations Act marked a new official approach to public access, (though in Richmond Park, a more relaxed attitude had prevailed from around 1850).
Ironically, it’s not impossible that king Charles I’s enclosure of the park, the outright bullying used to acquire the land and wall it off, is what has in fact preserved a massive tract of open space for what is in effect public use for us today. If Charles had not been so determined to over-ride the ‘rights’ of smaller landowners, their descendants would in all likelihood have developed their own parts of it, piecemeal, although it’s not impossible that parts could have survived here and there (as did Petersham Common and Ham Common, later). For instance – William Murray, Earl Dysart, was one of the major landowners ‘persuaded’ to sell lands to the king in the 1630s; much of his manor of Petersham was included in the New Park (in fact after petitioning the king in 1639, he was granted a perpetual title to Petersham, as partial recompense). His nineteenth century descendants were therefore still in possession of common land here – which they attempted to enclose, in the face of stiff local resistance (to which we will return another time).
An entry in the
2014 London Rebel History Calendar – Check it out online