Early this morning in London radical history, 1891: enclosure notices around Ham Common torn down

What later became known as Ham Common may have originated as a grant of land to the manor of Ham, in compensation for parish lands enclosed by king Charles I to create Richmond Park in 1637. Ham Common formed part of an arc of common land belonging to several manors – Petersham Common, Richmond Common and Mortlake common, all of which bordered one on another. Parts of all of these lands were shaved off to be included in the king’s new playground, acquired partly by persuasion, bribery and bullying of landowners and local villages.

The enclosure of Richmond Park was one of Charles’ numerous unpopular acts that contributed to the unrest leading to the English Civil War.

This act of basic royal landgrabbery itself caused centuries of resistance, and the privatisation of Richmond Park was eventually overturned in the 1750s.

Of the several manors plundered, Ham lost the most land to the new park. Prior to the enclosure, the common land of Ham extended much further eastwards than the current Ham Common – as far as the course of the Beverley Brook and the boundary with Roehampton. Of the total 1,000 acres enclosed by the park, 895 acres previously fell within Ham’s boundaries and, of that, nearly half – 400 acres – was common land, the rest being agricultural land in private ownership or already owned by the crown.

Opposition in Ham to the loss of their lands was so vocal, the king had to appoint a commission to treat with “the proprietors and other inhabitants.”

As a result, Charles I was pushed into paying compensation to the commoners of Ham for their loss, and granted them a deed of gift of the remaining unenclosed common land for all time. so far as the manors of Ham and Petersham were concerned. By an indenture dated 22nd December, 1635, the residents gave up to the king 483 acres in the former parish and 265 acres in the latter, in return for £4000 and the reservation to themselves and their heirs of “all theire right and interest of Comon in all and every other the wast-grounds of or belonginge to the said severall manners of Ham and Petersham that are not to bee inclosed within his majesties said newe Parke his mtie. being well pleased that neither his majestie. his heires or successors nor any of his or theire Farmours of the said manors or either of them shall from henceforth have make or take any benefitt or profitt in or out of the residue of the said Wastgrounds of the said mannors or either of them soe left out of the said intended newe Parke but that the said Tenants respectively have the sole benefit and profitt of the same.”

This ‘Deed’ was held from the very start to give some residents rights of access and protection against enclosure and exploitation of resources for profit by landowners. Though legal opinion was for centuries divided over the actual legality of any such guarantee, both the local villagers and the lords of the Manor recognised that it restricted the rights of the lord.

Apart from area of the present day Common, other common land existed around the enclosed farm land of Ham. Commoners also enjoyed lammas rights on large areas of enclosed farmland along the river Thames, on what later became known as Ham Fields.

Ownership of the common land generally lay with the lord of the Manor and, from the mid 17th to the early 20th centuries, in Ham, this was held by the Earls of Dysart – the aristocratic Tollemache family. However, the indenture’ of Charles I seemed to guarantee the Ham commoners control over the Common. The Dysarts smarted under the perceived restriction on their powers compared to many other manorial lords, and as William Harland put it, were “ever on the look out to find ways in which to encroach on the rights of the villagers and filch back some of the power and land the estate lost even before they owned it.”

Nearly a century and a half after king Charles acquired part of the manor’s land, Ham Common was itself to become the subject of a battle over enclosure, when the landowners, the Dysart estate tried to fence off the wood and declare it private.

The Dysarts’ ancestors had lived in Ham House, Richmond, since the 1630s; the family’s staunch support of the royalist cause during the civil war gaining them the lordships of the Manors of Ham and Petersham.

By the late 1870s, the father of the 9th Earl of Dysart had amassed huge debts. His heir inherited an estate in disrepair and financial precarity. The trustees running the estate on his behalf (several of his posh relatives) needed to exploit the lands to raise some ready cash.

Through inheritance and canny purchases the Dysarts owned about 70% of the land in the Ham and Petersham area. With building land in demand as London expanded, and agriculture becoming relatively less commercially attractive, the estate looked to two main avenues for money-making: developing land for housing, or digging gravel to sell to building companies. The Dysart holdings in the adjacent former manor of Canbury were extensively developed for housing as Kingston expanded northwards. However, in Ham, the potential for gravel extraction from the common lands (and also the lammas lands) was high.


The management of Ham Common, as with most commons, moved from the manorial courts to a locally appointed vestry (effectively a parish council). Disputes, offences and problems came to the attention of the Vestry and were recorded in their minute-books. As with many commons, typical recurring issues included regulating the removal of gravel, loam, turf and furze (the Common was a major source for these resources), ‘encroachment’ (which could include adjacent land-owners trying to enclose bits of land or use land they weren’t entitled to: grazing of animals by non-local owners included one incursion of a flock of 200 sheep from Kingston), squatters, usually on marginal land (who might subsequently gain right of residence or even ownership, through ‘adverse possession’) – generally seen as a burden on the parish), camping travellers, gipsies and tinkers… As well as over-grazing by those entitled to feed their livestock on the common, nuisance caused by geese, pigs rooting and blocking drains, or damage to turf from exercising horses…

Alternately tussling with and making accommodations with the Dysarts’ attempts to take or withhold resources and control parcels of land took a notable part of some Vestry meetings. But the meeting minutes always show the Vestry taking to itself control over the Common lands, on behalf of the inhabitants. In contrast to some commons, simple proven residence within the manor seems to have been the deciding factor for recognition of the right to ask to access resources, where copyhold, freehold or leasehold title of some kind was often required… On occasions, when disputes and complaints about over-grazing, who had rights to herbage etc became difficult, general meetings of inhabitants of Ham were called to discuss and come to some decisions on use, which tried to reflect a fair use of resources for all inhabitants who needed them. This didn’t mean some people didn’t try to sneak some advantage to themselves, but a system was in place to at least try to manage the Common fairly.

This reflected the general feeling, expressed wit relation to may commons and woods, that open space belonged to the community. Often this belief flew in the face of so-called legal ownership, by the lords of the manor etc; at Ham it was clearly in evidence that the locals felt they had been granted the Common by King Charles’ deed, and thus had an even stronger claim.

This was to be important when the Dysart family decided to try to press for enclosure and greater exploitation of the common lands.

Ham Common was protected by gates to prevent animals straying off: there were Gate houses near each corner of the western section of common, one on Ham Street by what is now St Thomas Aquinas Church, Ham, and two on the Upper Ham Road, to the north by the New Inn and one to the south of the common.

In the 1830s and 40s, Ham Common was home to a vegetarian socialist commune.

Surrey Comet Journalist William Harland, active in the campaign against the attempt to enclose Ham Common, later suggested that the powers of the Vestry had been stripped by “the establishment of a ‘Local Board’ [with powers over sanitation and other amenities] in 1862… a real death-blow to the control  exercised by the villagers over the Common under the old regime.”
The new urban sanitary authority established in 1864 “never rose to its duties in relation to the fine open space which was its fairest heritage”.

The Vestry had been relieved of its former powers of spending money out of the poor rate for the administration of the Common and the Local Board did not, “as it undoubtedly should have done as soon as the Metropolitan Commons Act of 1866 was passed, take the proper steps in conjunction with the Kingston Rural Sanitary Authority to render itself the controlling power.”

If the Local Board had taken their eye off the ball somewhat by not registering the Common under the 1866 Act, at first the Dysart estate was also indifferent. However, the need for cash as the estate fell into debt caused greedy eyes to be cast on the Common…

Lord Dysart and the Dysart Trustees sought to exploit the agricultural land of Ham and in particular the lammas land. “The Trustees began by helping themselves copiously to the gravel for Ham House, which be it noted is outside the parish, thus exercising an alleged right the use of which by other people, they say, injures so much the beauty of the Common. And yet for nearly eighteen months the Trustees removed gravel at the rate of from eighteen to twenty cartloads weekly.” (Harland)

In April 1891 the Steward of the Dysart Estate erected six notice boards on the Common warning that those removing “gravel, turf, etc without having obtained the license of the Lords of the Manor” would be liable for prosecution.

“NOTICE.

By Order of the Lords of the Manor

Of Ham.

HAM COMMON

Notice is hereby given that any person or persons found digging or removing gravel or sand or cutting or removing turf, gorse, furze, mould or other substance from this Common or killing or taking therefrom any game or rabbits without having obtained the license of the Lords of the Manor or their

Steward for the purpose will be liable to be prosecuted.

A. Bertram,

Steward of the Manors

34, Norfolk Street, London.

January, 1891.”

They also erected notices on the lammas lands, claiming the common fields and footpaths were private property:

“NOTICE

By Order of the Trustees of the

DYSART ESTATE.

This Land is private and all Persons found trespassing or committing damage thereon are hereby warned that they are liable to be ejected and will be prosecuted with the utmost rigour of the Law.

A. Bertram,

Steward.

34, Norfolk Street,

January, 1891. Strand, London.”

However, these high-handed actions were not to go un-opposed. From the start of the Dysarts’ removal of gravel from the common for use at Ham House, locals claimed that this was ‘outside the manorial right’, as Ham House itself lay within the neighbouring manor of Petersham.

Opinion within the village of Ham took the general view that access and use of the Common had been managed by the villagers in their own interests for two centuries, based on the ‘Deed’ of Charles I, and this should at least continue, albeit in the hands of a ‘proper authority’.

Edward Radford

The erection of the noticeboards sparked outrage, resulting in a mass meeting being held on Ham Common. The initiator of agitation against the attempted enclosure was one Edward Nicholas Radford, (veteran of the Crimean war, a butler at Bute House & a lay preacher), who
“summoned a meeting on the Common for Sunday, June 21st, to consider the matter. The gathering was enormously successful, from 1,500 to 2,000 people attending, including a large number of sympathisers from the adjacent towns of Kingston, Richmond and Twickenham. A resolution was unanimously passed protesting against the action of the Trustees and intimating that unless the objectionable notice boards were removed within a fortnight they would be cut down. A Vestry meeting was also held on June 26th, at which a committee was appointed to ascertain if the erection of the boards was legal or illegal and if the latter to wait on the Trustees and demand their removal.

An investigation committee was likewise appointed by the meeting on the 21st.”

With a sly dig at the tendency of ponderous local worthies to found organisations and committees, Harland later commented that:

“In order to dispose of both these bodies at once it may be as well to say that neither contributed much towards the ultimate settlement of the dispute. The latter, called the Ham and Petersham Common Rights and Footpaths Committee, chiefly concerned itself with the re-opening of the footpaths around Ham House, closed by order of the Trustees, though it also drew up a short and useful report on the whole question which was made public at the end of July. The other body, known as the Vestry Committee, really shifted all its duties on to its fellow and did nothing.”

While busybodies dithered, others were prepared to take some direct action:

“The Trustees ignored the decision of the meeting on June 21st and accordingly on July 5th another big demonstration took place. The issue at this gathering unluckily got somewhat confused and though the mass of local opinion was clearly in favour of the mandate of the first meeting being enforced the voting on the resolutions submitted got mixed and the people dispersed irresolutely without pulling down the boards. Radford, though feeling sure of his ground and of the support of the inhabitants, did not wish to run the risk of promoting a disturbance, especially as a large force of police was present, and accordingly it was decided to wait till early the following day and then do the vital work.” (Harland)

The offending notice boards which sought to restrict the rights of the commoners came under attack early the next morning; four notices were chopped down.

Shadrach Hopkins

“At four o’clock in the morning Radford accompanied by George Hall, Shadrach Hopkins, William Piggott, all labourers, and myself, proceeded to the Common and sawed down four posts out of the six. The delight and excitement amongst the villagers were tremendous when the fact was known a few hours later and ample proof was forthcoming that the decision to take prompt and bold action had been the best possible under the circumstances and was ratified by every resident having the welfare of the Common at heart. The remaining three notices were cut down at another public meeting on Wednesday, July 15th. The next day summonses were taken out against Radford, Hopkins, Hall and Piggott only for that they did “wilfully and maliciously damage certain notice boards on Ham Common there situate the property of the Trustees of the late Earl of Dysart, doing injury thereto to the amount of £ 8 .” (Harland)

Radford, Shadrach Hopkins (Groundsman at Sudbrook Golf Course!), and labourers William Piggott and George Hall were arrested, and prosecuted for felony.

Their defence was led by Harland, a journalist with the Surrey Comet, aided by the aged Cornelius Greenwood (who must’ve been knocking on in age, as he had been  ‘ploughman to Farmer Hatch’ in the 1830s…!) and George Rooke.

Apparently one of these two blokes in Cornelius Greenwood, stalwart of the defence committee… Not sure which one!

“The Prosecutions Defence Committee, as a matter of course, was constituted at a public meeting held on the Common on Monday, July 20th, the members who served all the way through the long contest being Albert Voysey, Jacob Claridge, James Masked, James Coombes, Edwin Leatham, Albert Edward Hall, William Venn, Walter Tulett, George Darnell, James Berridge, Alfred Parker and myself. Voysey acted as Chairman and Claridge as Treasurer, whilst I filled the post of Secretary. No time was lost in getting to work. A public appeal for assistance was issued, most of the metropolitan journals backing up the villagers and Mr. George Eaton Hart, then proprietor of The Kingston and Richmond Express, rendering invaluable aid locally by allowing his paper to be used as the organ of the agitation.

The services of Mr. Henry Prince, of Lewes and Brighton, were secured to defend Radford and his companions before the Kingston County Bench on Thursday, July 23rd, and the result of the hearing — a protracted one lasting over three hours— was the committal of the defendants to the Surrey Quarter Sessions the following October, the magistrates deciding that the question was one only a jury could properly settle. In the interval the Defence Committee worked very hard. They held meetings, organised concerts and entertainments, left no likely sources of revenue untouched and lost no opportunity of acquainting the public mind with all the facts.”

The Prosecutions Committee raised most of its funds to fight the case locally, and according to Harland was based among the local working class:

“the members were practically working men and any notice of their labours would be incomplete without the fullest recognition of their enthusiasm, self-sacrifice and loyalty. They were in truth the salt of the hamlet.”

A by-product of the defence campaign was the uncovering of other encroachments on the manor’s common lands:

“One of the most notable and interesting occurrences they arranged was the beating of the bounds of the Common Fields, or the Lammas Lands as they are sometimes called, on Michaelmas Day. As far as possible the old frontiers were traversed and encroachments and enclosures carefully noted by a large band of villagers. In this connection it may be as well to quote from the report of the Ham and Petersham Common Rights and Footpaths Committee the result of their investigations respecting grabbing in these semi-open lands: “The Fields consist of nearly all the land bordering on the River Thames from Cold Harbour near Ham House to the One [Mile] Tree near the Albany Club [Kingston] , and are bounded on the land side by a number of small enclosures adjacent to Ham Common and Ham Street. The Lammas rights, though somewhat curtailed, are still exercised over the greater part of this area, but during the last thirty years a number of these Common Fields have been enclosed so as to prevent the people exercising their right of turn-out. A list of these is appended and they are described by their number on the 25in. map of the Ordnance Survey — {a) Back of All Souls’ Lane, Nos. 27, 28, 29, 30, supposed to have been enclosed by the late Mr. Hatch, now underlet in two instances, (b) Two fields near the New Road, Nos. 84 and 85, enclosed about eight or ten years [ago] by the late Mr. Scott when he came into possession of them, (c) Part of a field. No. 78, hedged off the Lammas Lands about twenty-eight years ago by Mr. Willing and sold to Mr. Scott, with the other enclosed land to which it was added, (d) The Meadlands near Teddington Lock, enclosed thirty years ago by the late Mr. Hatch, (e) Two fields near the parish yard, known as Stoney Lands, Nos. 107 and 109, always hedged, but used to be thrown open at Lammas-time. Nos. 107 was stopped by the late Mr. Warner, and No. 109 by a Mr. Nye, about twenty years ago. (/) The Headland Acre, part of No. 119, near the Upper Ham Road, enclosed by the Dysart family about twenty-five years ago, and thrown into Church Farm, together with a large piece adjoining it on the Kingston side, now occupied by Mr. Walker, (g) A field. No. 87, thrown into another by gradual breaking down of the parting hedge between Nos. 87 and 88, in the time of the late Mr. Hatch. The Common Fields not yet enclosed are Nos. 5 (open meadow), 78 (part), 72, 112 and 119 (part).” The present holders of land in the Lammas Fields are Messrs. Horace and Arthur Saunders who have 100 acres ; Mr. James Walker, of Ham or Church Farm, who has 25 acres; and Messrs. John and Harry Hatch, of Manor Farm, who have about 200 acres.”

Beating the Bounds was an old tradition used to keep the knowledge of a parish boundaries alive, but it also had a customary use for establishing where illegal enclosures had been made, and was sometimes employed to legitimise direct action against enclosure fences etc. (A 1751 engraving exists showing Richmond parishioners, led by the vicar, breaking down a section of the wall around Richmond Park, during the agitation against the denial of access to locals by its royal owners.)

The Quarter Sessions in 1891 were held at Newington (near the modern day Elephant & Castle). The trial of Radford, Hall, Hopkins and Piggott took place on Thursday October 22nd , 1891, before the Deputy Chairman, Mr. Henry Yool.

The four men were acquitted, despite the prosecution being led by no less than the Solicitor General, Sir Edward Clarke QC.

“Hall broke his leg a fortnight before and lay in Richmond Hospital whilst the issue was being decided – Mr. C. F. Gill defended and Sir Edward Clarke, then Solicitor-General, prosecuted. It is needless to go into all the details of that memorable action for many of them must be yet fresh in the minds of those who took any active interest in the matter. Mr. Gill called no witnesses but relied solely on the plea that the Trustees by taking criminal proceedings, whilst the civil courts were open to them, were attempting to turn honest men into felons merely for asserting what they believed to be their inalienable rights.

The jury promptly returned a verdict of not guilty and so gave the commoners their first victory in the modern struggle with the Dysarts.”

The journey home from court seems to have turned into a celebratory travelling party:

“No one who participated in the return home of the party — besides the three defendants able to attend, numbers of the villagers went to London to personally hear the case – will ever forget the wild enthusiasm with which they were welcomed. The journey by break from Richmond to Ham through Petersham, was practically a continued ovation.

The villagers — men, women and children — apprised by telegram of the result, greeted the defendants with cheers and shouts and the waving of aprons, evergreens and anything else that happened to be handy when the carriage passed along. Windows, doors and garden gates contributed their quota of spectators to the witness of the triumphal return that finally terminated in a brief meeting at which the excitement of the day found a fitting culmination.”

The Defence Committee dissolved itself at a public meeting on December 1st, 1891 “though it was recognised that the recent trial had by no means settled matters and that the people would have to be on the watch to resist further agressions on the part of the Trustees.”

As with many struggles against enclosure, the dual approach – legal campaigning on the one hand, and some direct action on the side – seem to have effectively scuppered the Dysarts’ immediate plans.

But Harland’s comment that “it was recognised that the recent trial had by no means settled matters and that the people would have to be on the watch to resist further aggressions on the part of the Trustees” was prophetic: the 1891 acquittal was not the end of the struggle over common land in Ham.

The Dysart trustees had not given up. In July 1892 they tried to invited a selected group of “freeholders and copyholders of the manor, residents upon the Common and others”, to a meeting, where they tried to persuade them to agree to a set of rules “submitted practically abolishing all the rights of the villagers and asserting in full the claims of the Trustees which had proved before to be so objectionable and so unwarranted. As a result of the proceedings a committee was appointed to go further into the matter but its labours came to nought through the insistance of the Trustees on their assumed rights as Lords of the Manor. There were one or two staunch commoners on the committee and sooner than admit the demands of the Dysarts they very properly retired…”

Gravel was again quarried from Ham Common by Baron Sudely, one of the Dysart trustees; meanwhile a local labourer, Walter Miles, was prosecuted for also taking some gravel. This sparked the revival of a Ham Common Defence Committee, which took a hand in the legal defence of Miles and the case was again dismissed.

The question of the management and control of the Common and the lammas lands would be largely transferred to attempts to  enclose the latter by Parliamentary bill.

In 1896 the Dysarts promoted The Petersham and Ham Lands Footpaths Bill, seeking to enclose the 176 acres (71 hectares) of lammas lands in the manor, also known as Ham Fields. The bill slyly included sops to local opinion, in its proposal to grant Petersham Meadows and Common to the public ‘in perpetuity’: in exchange, as it were, for being allowed to get on with developing the Fields. The Bill was opposed by the commoners of Ham, by the London County Council, and by the Society for the Preservation of Commons and Open Spaces; a number of petitions were launched against it, and a vigorous debate ensued in the House of Commons. The bill was defeated by 262 votes to 118 in Parliament, as it was deemed to contravene the Metropolitan Commons Acts.

In December 1896, a local enquiry was established with the Board of Agriculture to consider a scheme for the lammas lands under the Metropolitan Commons Acts. However, the Board determined that the provisions of the acts did not apply in this case, effectively giving a green light to the Dysarts to begin plotting how to dispose of the lammas lands again.

The Metropolitan Commons (Ham) Supplemental Act 1901 established a Board of Conservators to manage Ham Common.

In 1902, another Private Bill, the Richmond Hill (Preservation of View) Bill, was brought. Although it was substantially the same as the 1896 Bill (still aiming at the enclosure of the lammas Fields), it was cleverly reworked to appeal to campaigners around access and preservation. Clauses were inserted for improving public access by providing wider and more extensive riverside footpaths. The new title played on the then very public concern among Richmond residents that the view from Richmond Hill over the river was threatened by developments.

This bill passed in Parliament (179 in favour to 79 against).

Its passage did transfer the Dysarts’ residual manorial interests in Ham Common and vested them in Ham Urban District Council (which had now replaced the Local Board). The Board of Conservators was now dissolved, and Ham Urban District took over management of Ham Common. The Dysart Trustees also gave £3000 to be invested for the upkeep of the common and any residual money to go to almhouses or other local charitable purposes.

The 1902 Act was, however, double-edged: part of the inclusive settlement with the Dysart Trustees extinguished the remaining lammas rights in Ham, thereby freeing up the agricultural land for development, to the profit of the Tollemaches. The arrangement was not without critics. MP Henry Labouchère observed that Lord Dysart “… would get possession of 176 acres of lammas land and secure valuable building rights, notwithstanding that Parliament had decided that no common lands within a radius of fifteen miles of London should be built upon.”

The Dysart estate were thus eventually successful in extinguishing lammas rights on the 176 acres of open farmland in Ham. Instead of building though, much of the former lammas land was leased from 1904 to the Ham River Grit Company, and the area exploited for gravel extraction to feed the demand from construction. Millions of tons of river gravel were extracted from the pits up until 1939.

Postscript: Later history of Ham’s Lammas Lands

These days, the lammas lands, or Ham Fields, are themselves designated Metropolitan Open Space.

From Teddington Lock downstream to Petersham, a quarter of a mile of open lands stretch from the Thames bank, covering about 200 acres in all. About 72 acres form Ham Lands Nature reserve.

A grit lorry removing gravel from Ham Lands, 1930s.

Again it was local campaigning that prevented much of this space from being developed and pushed it toward its present status as a place for wildlife to flourish and people to wander.

Most of Ham Lands had been excavated for gravel in the early 20th century then filled in from 1939 to the early 1950’s. After the war, most of the pits were filled with bomb-damage rubble from London. The pits operated until 1952, after which some of the land was used for subsequent housing development. Local resistance to further development led to the area being designated Metropolitan Open Land, preserving Ham Riverside Lands as a nature reserve.

Struggles to prevent further building on the edges of Ham Lands continued through the 1960s to the 1980s.

It’s well worth reading William Harland’s account of Ham Common and the Dysart family’s relations with the locals

There’s a great Ham local history site with oral history recordings including lots about Ham Lands

Also worth checking out, the Friends of Ham Lands

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