THE RIGHT OF WAY AND VIEW.
FEw questions come more home to•the feelings and excite resent- ment more strongly than the attempts made by the rich and power- ful to encroach on the rights of the public by excluding them from scenes to the enjoyment of which all have naturally an equal claim. Those landowners who pale out from view the charms of nature, and prevent others from participating in the pleasures they bestow' strain the right "to do what they like with their own" to a point that may become dangerous, by calling into question the claim they possess to clutch for their own exclusive use what was intended for the gratification of all. This churlish spirit is unfor- tunately apparent in all parts of the country. Thick hedges, high stone walls, and close wood fences that obstruct the view, are en- countered by the traveller and the tourist wherever they go : Eng- land, Scotland, or Ireland, it is much the same ; wherever the at- , tractions of the landscape are sufficient to establish a "seat," the • views are protected almost as strictly as the game ; even the Lakes of Killarney- are walled about, so that the wayfarer may walk round them for miles without catching a glimpse of their waters. When landowners become more enlightened to the duties of property, they may perceive that, as good stewards of the trust
• committed to their charge, they should endeavour to throw open
the beauties of nature, and ke them as free to all as the bright light of heaven that illumines the prospect. Many of our landed .proprietors, indeed, practically recognize this principle, and freely .admit the public into their parks ; enhancing the enjoyment of possession by seeing others participate with them in the gratifi- cation which beautiful scenery invariably imparts. The hiding of the face of nature from common sight is bad enough • but when the spirit of exclusiveness which dictates it steps beyond the bounds of its high fences and endeavours to extend them over lands which the public have long occu- pied by right,—when it would not only exclude from the prospect but would expel the people from the country itself, by taking possession of their accustomed country walks,— such injustice and spoliation seem so gross, that were the practice not too common it might be deemed impossible to be attempted. Encroachments on public rights are made and :submitted to because no individual is so much interested in a foot- path as the person who endeavours to stop up the "nuisance," nor will any one singly undertake to defend the common rights and oppose such aggression. Thus, footpath after footpath is closed, and the field walks of the people become more and more restricted. In some parts of the country, indeed, "Anti-Footpath-closing Associations" are established to watch over the interests of the public and to prevent encroachment on the common property ; sometimes parishes will agree to oppose such encroachments : but these desirable protective measures are too few; and robberies of the public are continually committed, amidst the execrations of the neighbourhood, but without any active interference to prevent them. Now and then a ease arises, like that of Glen Tilt, where en attempt to stop access seems so glaring an infringement of com- mon right that the voice of the country is raised against it and the power of the press is called out to assist in removing the ob- struction.
But whilst the whole country takes an interest in the struggle to force the pass of distant Glen Tilt, other paths close to our homes and of far more importance to the great body of the people, are allowed to be stopped without exciting notice. 0 in, attention has been immediately directed to this subject by a spirited mow) ment in the parish of Hornsey to oppose the closing of footpaths, there. Few of our suburban districts, beautiful as many fof,thenii are, can compete with Hornsey in the luxuriance and boldness or its wooded eminences, its rich vallies and undulating fields. On a• summer's evening, when the slanting rays of the sun add depth to the shadow of the woods and light up the hill-sides studded with villas, it is a picture of rural beauty scarcely to be surpassed. The enjoyment of wandering through such a scene after the labour of a week pent up in close and murky City warehouses, is greater than can be conceived by those who, being habituated to country life, are satiated with quietude. To walk through green fields, and breathe the fresh air, where all surrounding objects exhibit the loveliness of nature, give charms to a weary existence, and produce longings after higher and better things than worldly gains and sensual plea- sures. The influence of such scenes has an important effect on the moral education of the people, in addition to the invigoration of the physical powers by country walks beyond thereach of London smoke. Yet, so utterly is the welfare of the people disregarded where spe- cial interests interfere, that no fewer than six pathways, extend- ing for several miles through the parish of Hornsey, have been in- vaded, and others have been diverted without any regard to gene- ral convenience. The offenders are the Great Northern Railway Company, the Highgate Archway Company, and a wealthy landed proprietor, who conceive themselves to be strong enough to despoil and take liberties with the property of the people. To wage legal warfare with a railway company, is too serious an undertaking for any individual to attempt ; and as there is no countervailing power in action to protect the public, railway companies, under cover of the pecuniary terrors of the law, perpetrate injustice. In several of the cases of obstruction now brought especially, to notice, the footpaths were marked down on the .plans of the estates before they were bought by the present proprietors, the lands being pur- chased expressly subject to the common right of way : but not- . withstanding this the paths are now closed. The lines of railway across the country must almost necessarily cut up many roads and footpaths ; but in all instances where pri- vate property is invaded, care ts.taken by Parliament that ample compensation shall be given, or equally convenient roads and paths be made. To general convenience, however, little regard is paid; and unless an individual interested in opposing the progress of a railway bill make alleged injury to the public a pretext for oppo- sition, •there is no advocate to defend the common rights. Even in such cases it often happens that the opposition is removed by a compromise in which the public derive no advantage. At a time when the importance of having large open spaces for the recreation of the working classes is admitted by the formation of parks in the vicinity of large towns it seems strangely incon- sistent that the field walks in the immediate neighbourhood, which the people have been accustomed to enjoy for many years, should be permitted to be closed. As there is no public prosecutor to protect common rights from invasion, the only means of defence lies in combination, and the readiest means for effecting such pur- pose is the union of parishioners in vestry. This power, however, requires to be called into action, and is generally too dormant. We are glad to find that the parishioners of Hornsey are alive to their duty ; and we hope that the public-spirited individuals who have taken the matter up will persevere in their determination to pro- tect the right of way through their beautiful fields.
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