'More immediately, however, they have done something rather clever. They have said that there were still authorities to make inclosures, deriving from the ancient legislation of 1698, which had never been exercised. So they added those to the ten thousand acres allowed under the Act and came up with several thousand more.' He gave their lordships a wry look.

'Your lordships, it may be legal. But let me show you the deviousness of the thing. You will recall that under the Deer Removal Act it was agreed that no inclosure should be less than three hundred acres. That was precisely to stop the Office of Woods picking off little pieces of the best land all over the Forest. But by saying they were taking up their unused quota from the earlier legislation, they neatly evaded Parliament's intention. Here is a list of the inclosures. I invite you to look at them.'

He had done his work thoroughly. The list showed exactly what he said: a few score acres here, a hundred there, two hundred somewhere else - all on the best land.

'Nor is that all,' the Colonel went on. 'We now come to the inclosures made under the Act. About four of the ten thousand acres have been taken up so far. Each individual inclosure must be a minimum of three hundred acres, you will remember. Did they obey the Act? Of course they did. And let me show you how. I have made some maps. It's something we old soldiers learn to do,' he added drily. 'Perhaps you would kindly consider them?'

As they looked at his maps even some of their lordships could not repress a smile. The new inclosures might be three hundred acres, but the shapes were fantastic. Here a long arm along a line of rich pasture; there a great curve to avoid a patch of poor soil. One of the inclosures was shaped like a huge 'C'.

'Your Lordships,' the good Colonel said pleasantly, 'we have all been taken for fools.'

Year after year it had gone on. Cumberbatch and his men, under legal sanction, stealing the best of the common land, quietly but steadily. There had been nothing anyone could do. Until two years before.

The meeting which had precipitated the crisis took place when the Commissioners, who had not met for some years, were suddenly called and told, without any consultation or warning, to approve inclosures taking up all the rest of the land allowed under the Act. Six thousand acres: the biggest land grab ever attempted. When they expressed their shock, Cumberbatch said he would have them thrown off the Commission.