To promote the conservation, protection and improvement of the physical and natural environment of the Ditchling Commons
There are 7,000 Commons in England covering some 400,000 hectares (almost 1 million acres) although just 3% of the total land area of England.
80% of common land is nationally or internationally designated for environmental reasons having not been subject to agricultural improvement over the centuries. Virtually all common land is accessible on foot.
There are two commons in the Parish of Ditchling; Tenantry Down on Ditchling Beacon and Ditchling Common, about two miles to the north of the village.
History
Common land is not land which is commonly owned. The term ‘common’ refers to the ‘rights of common’.
The concept of ownership, as we know the term today, was non-existent in early times but was formerly established after the Norman Conquest in 1066 with the introduction of the manorial system. This system set up a Lord of the Manor to whom ownership of land was granted by the Monarch. The Lord of the Manor occupied and farmed some for himself and his family, other areas of good quality were let to tenants to farm and there remained some poorer quality land known as the waste which was then allowed to be used by local inhabitants (the Commoners). They held “rights in common” with others to use the waste for pasturage, turbary, (cutting of turf or peat for fuel) pannage,(the right of feeding pigs) estovers (the right to take wood) Piscary (the right to take fish from ponds) or a combination of all of these. This waste of the Manor became known as the Common.
These commoners’ rights were attached to the land they were farming rather than to the Common itself.
It is generally accepted that the Commons in Ditchling were owned by The Marquis of Abergavenny for many centuries. The family can be traced back to Walter, Earl of Herefordshire and constable of England and the brother-in-law of Hamelyn (dsp. 1090), the Norman conqueror of Over Gwent, in South East Wales. Walter was the first feudal lord of Abergavenny. The Monmouthshire estates were a relatively minor part of their landed possessions. According to the 1873 return of owners of land, the Earl of Abergavenny owned some 15,000 acres in Sussex, 6,000 acres in Kent, and 7,000 acres in Worcestershire, Warwickshire, Monmouthshire and Herefordshire. Their principal residence is at Eridge Park near Tunbridge Wells. It was often said that you could walk from Tunbridge Wells to the coast at Brighton without leaving land owned by the Marquis.
In 1950 the Marquis of Abergavenny agreed to sell the freehold of the two Commons to the people who were Commoners at that time and they set up a company, Ditchling Common and Tenantry Down Ltd to make the purchase. Some 146 shares (valued at £1.00 each) were issued and divided between the Commoners in proportion to the number of grazing rights they held. In 2018 a new company was formed, Ditchling Beacon and Common which has Charitable Status (Registered Charity Number 1178255) and all interests in the earlier company formally transferred.
The recording of Commons and Common Rights was the focus of the Commons Registration Act 1965 with the aim of updating all records. It required all Commoners to register their existing rights. This Register is held by East Sussex County Council.
In 1970 the roles of ownership and management were separated and Ditchling Commoners’ Association was formed to manage both Commons on behalf of the owners, Ditchling Common & Tenantry Down Ltd.
The 1970s brought further changes when the northern part of Ditchling Common (approximately 48 ha) was acquired by East Sussex County Council by compulsory purchase to establish a Country Park with all rights of Common on that area extinguished.
The land south of Folders Lane, (40 hectares) remains as a Common. That Common and the land at the Beacon known as the Tenantry Down (19 hectares) now form the Commons owned by The Ditchling Beacon and Common Company whose purpose is to promote the conservation, protection and improvement of the physical and natural environment of the Ditchling Commons.
The lists of Commoners, their land and their grazing rights exist dating back to 1794. In addition to rights of grazing there were rights to cut bracken, to shoot and to fish.
As previously stated rights were recorded in the Register held as part of the ESCC responsibilities under the Commons Registration Act 1965.
In January 1993 the registers of common land and of town or village greens which the county council is required to maintain under the Act of 1965 (in this Act referred
to as “the East Sussex registers”) were completely destroyed by fire. The Commons Registration (East Sussex) Act 1994 was passed in July 1994 to make provision for the reconstitution and validation of the registers of common land for the County of East Sussex. The county council has begun to reconstitute the East
Sussex registers by collecting evidence from various sources as to the contents of the East Sussex registers.
The registers are held at County Hall in Lewes. The registers are formed of a written record that describes each piece of land, and a set of maps map which can be
viewed by contacting the Rights of Way team.
Ditchling is fortunate in having two commons that are quite distinct but equally diverse and both designated Sites of Special Scientific Interest (SSSI). The Common to the north of the village comprises areas of grassland and scrub on Greensand (acidic).
The Ditchling Beacon (historically part of Tenantry Down) is part of the chalk downland (alkaline) that stretches along the length of Sussex parallel to the coast.
Their fauna and flora differ markedly from each other, a result of the soil pH and other factors such as aspect and history of use. Both have a long history of human interference and utility. The common has been grazed by cattle (and formerly pigs) for hundreds of years and also used for fishing (in the Common Pond), collecting firewood and leisure activities. The Beacon has also been grazed by sheep (the parallel ridges on the steep slopes have been formed by them) and cattle along the flatter areas at the top. More recently, scrub and ash woodland have developed on the Beacon slopes when grazing was relaxed.
The Common
Sixty years ago, the Common was a mosaic of grassland, bracken and small areas of scrub with hawthorn and sloe dominating. In the spring, it was a sea of blue as the bluebells (Endymion non-scriptus) flowered.
Three events changed this, the first was the ploughing of the southern area by a small group of commoners in the early 1970s. Legal action by the remaining commoners stopped this process but not before considerable damage had been done to the field south of the railway and a smaller area just north of it.
The second was the purchase of the northern part of the common by East Sussex County Council as a Country Park. Despite agreeing to a management plan for this part of the SSSI, the Council failed to implement much of it and as a consequence, dense scrub and woodland developed around and north of the pond. Only recently clearance of substantial areas has extended the open areas where the bluebells, Dyer’s greenweed (Genista tinctoria) and Columbine (Aquilegia vulgaris) survive.
The third was the purchase by the commoners of the Spoil Bank, the area at the start of Folders Lane, the spoil bank being the soil dug out from the adjacent railway cutting. Its historic interest stems from the erection of a large crucifix at its summit, then unwooded, by the Guild of St Joseph and St Dominic, whose workshops were situated on the other side of the railway cutting on Folders Lane. The Guild survived until the 1970’s but their workshop site was then sold for housing.
The crucifix was twenty six feet tall and originally stood overlooking the railway. It stood on a plinth on the Spoil Bank until 1940, when it was taken down, to stop it being used as a marker to identify the railway tracks for enemy attacks on London.
Despite the initial neglect, this Country Park has many birds and insects, some survivors but others recent additions. The nightingale can be heard singing in the spring in the scrub along the upper margins above the pond. Warblers, tits, linnets and finches are present in significant numbers. The buzzard and the red kite are now seen on a daily basis. The butterflies have increased remarkably here in recent years. All five species of hairstreak occur here: Green hairstreaks feed on the gorse, Purple fly around the oaks and White-letter on the elm scrub. The most surprising is the recently arrived Black hairstreak, formerly known in England only from a series of woods between Oxford and Peterborough, that feeds on sloe. Its occurrence here is a mystery – did it arrive naturally or was it introduced by man? The Brown hairstreak, another newcomer that feeds on sloe, is still fairly widespread in West Sussex. Larger butterflies that have appeared recently include the Silver-washed fritillary, White admiral and Purple emperor, the last probably having moved over from West Wood to the north of the common.
Butterflies on North Common
The butterflies have increased remarkably in recent years. All five species of hairstreak occur here.
The most surprising is the recently arrived Black hairstreak, formerly known in England only from a series of woods between Oxford and Peterborough, that feeds on sloe. Its occurrence here is a mystery – did it arrive naturally or was it introduced by man? The Brown hairstreak, another newcomer that feeds on sloe, is still fairly widespread in West Sussex.
Larger butterflies that have appeared recently include the Silver-washed fritillary, the White admiral and the Purple emperor.
The latter probably having moved over from West Wood to the north of the common.
Image to the left is the the Silver-washed fritillary.
Management and plant life
Ditchling Beacon and Common Company, through its Directors, manage the bulk of the area by leasing the land to a local farmer who maintains the land following a management plan approved by English Nature. Before the plan was implemented a few years ago, the common had been somewhat overgrazed, largely as a result of a succession of dry years. The new management plan has been successful in restoring the flora of the grassland and boggy areas. In the spring, the SSSI is covered by wood anemones (Anemone nemorosa) in a range of colours from pure white to pale blue.
Image to the right is the Wood anemones (Anemone nemorosa)
Heath spotted orchids (Dactylorhiza maculata susbsp. ericetorum) are frequent, the ones here having particularly pale flowers, almost white with tiny pink spots. Large patches of golden dyer’s greenweed bloom in the spring. Gorse (Ulex europaeus) is an important habitat for nesting small birds but can quickly get out-of-hand and has to be periodically controlled. The wetter areas, dominated by rush (Juncus conglomeratus, J. inflexus and J. effusus), especially by the stream, have patches of Dwarf gorse (Ulex minor), Meadow thistle (Cirsium dissectum) and Sneezewort.
There are also a few surviving patches of Creeping willow (Salix repens). The dark blue flower heads of Devil’s bit scabious (Succisa pratensis) cover this area in the autumn. In late spring, marbled white butterflies fly here in profusion while Meadow brown, Ringlet and Gatekeeper are also common. Sorrels (Rumex acetosa and R. acetosella) here support a colony of small copper while the Bird’s foot trefoil sustains the Common blue.
Another area of the common that is also worth exploring is the small strip to the west of the road as you enter the common from Ditchling. Marbled whites are common flying over a rich sward where Betony (Betonica officinalis) is frequent.
Zig-zag clover (Trifolium medium) is an unusual plant forming large patches on the brow. In the autumn, Devil’s bit scabious flowers in the damper areas where large Parasol mushrooms (Lepiota procera) also frequently appear.
The Beacon
The land owned by the Ditchling Common and Tenantry Down Trust runs from the ridge of the Beacon down the north slope on both sides of the Bostal Road. Below it abutts land owned by the National Trust and Sussex Wildlife Trust. Our land is managed under an agreement by the Sussex Wildlife Trust.
It can be approached from the car park at the bottom by the lane to Clayton or from the National Trust car park at the top of the Bostal Road. The footpath follows for some of its length an old cart-track up the Beacon. The slopes either side of this track have a rich flora and fauna.
Image to the right shows the Round-headed rampion (Phyteuma rotundifolia).
The blue flower heads of Round-headed rampion, Sussex’s county flower, can be seen on the steep banks by the track along with Twayblade (Neottia ovata).
Common spotted orchids (Dactylorhiza fuchsii), with Pyramidal (Anacamptis pyramidalis) and Fragrant (Gymnadenia conopsea) orchids that shine like jewels in large numbers in the short grazed turf in June and July. The sharp-eyed will notice that some of the fragrant orchids flowering in July have more brightly coloured flowers that those appearing in June. These are the nationally scarce Dense-flowered fragrant orchid (Gymnadenia densiflora). In good years this orchid can be seen in thousands on the slopes of the upper disused chalk-pit.
The Musk orchid (Herminium monorchis), an even rarer orchid, is also found here in small numbers, having been first recorded here some 150 years ago.
Other common species here include Squinancywort (Asperula cynanchica),Fairy flax (Linum catharticum), stemless thistle (Cirsium acaule), Bird’s foot trefoil (Lotus corniculatus), Carline thistle (Carlina vulgaris), Blackstonia (Blackstonia perfoliata) and Hemp agrimony (Eupatorium cannabinum). One of the most exciting discoveries recently is the rich lichen flora of the north-face of the Beacon.
The Ash hanger on both sides of the Bostal Road that developed from grassland when grazing was reduced in the 1950s has been almost eliminated by ash-die-back disease which struck in recent years. A scrub layer with Hawthorn, Elder, Dogwood and other shrubs is developing rapidly here.
The chalk grassland is rich in insects. Glow-worms (beetles not worms) occupy old snail shells and bloody-nose beetles crawl across the short turf. The rich legume flora of vetches, clovers and trefoils provide the foodplants for Chalkhill butterflies.
For a full list of plants, butterflies, insects and birds to look out for on the common, please click here:
There are two commons in the Parish of Ditchling; Tenantry Down on Ditchling Beacon and Ditchling Common itself, about two miles to the north of the village. Rights of Common still apply to both areas as they have done since feudal times. Originally the Commons and the farms around them belonged to the Lord of the Manor, the Marquis of Abergavenny. His tenant farmers, (the Commoners) had rights of grazing and, in some cases, the right to cut bracken, shoot and fish, called Estovers. Lists of Commoners, their land and their grazing rights exist dating back to 1794. Their rights were attached to the land they were farming rather than to the Common itself. The total area of land to which the rights were attached was divided into 61 units, called yards, each yardholder having the right to graze either one horse or two bullocks on Ditchling Common and four sheep on Tenantry Down, such rights being known as “leazes”. The public too have rights over the Common. The registration of the Commons under the Law of Property Act 1925, giving rights of “air and exercise” to the public, recognised in law what had been taken for granted for centuries. The right to “air and exercise” anywhere on the Common now officially applies to both pedestrians and horse-riders. In 1950 the Marquis of Abergavenny agreed to sell the freehold of the two Commons to the people who were Commoners at that time.
Very few present-day Commoners have any use for their grazing rights, so for a number of years, the rights have been pooled and let to those who can make use of them. The small rental income is used to manage the affairs of the Company and the Association. Tenantry Down, the area on the northern slope of the Beacon, remains as
common land and is currently let to the Sussex Wildlife Trust and practice various methods to keep undergrowth in check and preserve the area’s unique flora.
The area east of Common Lane and south of Folders Lane East on either side of the railway line now in the ownership of Ditchling Beacon and Common Company is let to a local farmer who is one of the Commoners. The smaller areas to the west of Common Lane and south of Folders Lane West are also owned by the company. Traditionally commons are unfenced areas and permission has to be obtained from central government (currently DEFRA) if any sort of barrier is to be erected. Over the years, permission has been granted for parts of the Commons to be fenced in order to protect livestock from the ever-increasing traffic. Other parts of the Common remain unfenced and are therefore vulnerable to incursions by groups of travellers and consent to construct a ditch and bank around the area and install metal barriers was obtained.
May 2010 Jenny KilBride, former Secretary of Ditchling Common & Tenantry Down Ltd and Ditchling Commoners’ Association.
The Open Spaces Society
A useful link to Commons and their protection can be found by accessing "The Open Spaces Society" which was founded in 1865 as the Commons Preservation Society. It is Britain’s oldest national conservation body. Its founders and early members included John Stuart Mill, Lord Eversley, Sir Robert Hunter and Octavia Hill. The last two founded the National Trust in 1895 along with Canon Rawnsley.
Over the last century the society has preserved commons for the enjoyment of the public. It has also been active in protecting the historical and vital rights-of-way network through England and Wales.
See also following web link
A further historic commentary -by Harry Douglas Clark Pepler (1878–1951) made in 1936
In 1913 Harry Pepler also known as Hilary Peplar moved to Ditchling. He was an English printer, writer and poet and an associate of both Eric Gill and G. K. Chesterton, working on publications in which they had an interest. He was also a founder with Gill and Desmond Chute in 1920 of a Catholic community of craftsmen at Ditchling, Sussex, called The Guild of St Joseph and St Dominic and a founder member.
The following is an extract of an article he wrote in 1936 recording changes he had observed and some fascinating detail.
The Tenantry Down extends south to High Park Corner and includes the Beacon. It was, until recently used for sheep grazing. – Since the War (WWI) the number of sheep and cattle in the parish has diminished so that the-Common Property is deteriorating from insufficient cropping. Nevertheless Ditchling Common is still unique among Commons in that it has retained pre Norman rights and privileges even though its size and importance has been gradually reduced.
Tradition says that it once extended as far as St. John's Common, (Burgess Hill) which would more than double its size and all those Commoners who lived on the west side of Ditchling lane bartered their rights for some mess of pottage of which no record now remains. It is a fact that no rights were attached to Property on that side of the road until about 1920 when the Commoners recognised the eligibility of any owner of land in the parish of Ditchling to acquire rights (were any available) to attach to such land.
A Commoner's Right is in the ownership of land which would be most valuable to him were it distinguishable from that of another Commoner!
His strip is not defined from year to year and is perpetually held in common.
The strip is now termed a “yard," as the total area of Down and Common is about 580 acres this means that a "yard" is about 9 acres, Each yard carries the grazing rights of 1 horse or 2 bullocks and 16 sheep; the smallest division registered is for one quarter of a yard which enables the holder to graze half a bullock and 4 sheep! In order to be of use to him he has to hire the grazing for the other half of the bullock from one of is fellow-owners who lease a certain number annually for the upkeep of the Com mon.
These rights have no present relation with the size of the farm to which they are attached. They allow the owners to graze stock on the Common and sheep on the Down; he has general rights of shooting and fishing. As these rights do not change hands very frequently the present list of privileged holders is given in an appendix. It will be noticed the Lord of the Manor figures simply amongst other owners, 'he has no other recorded rights. Certain encroachments have been allowed, the house I live in appears to have been built upon Common land, and other small parcels have been filched in the past. By persistency trimming a boundary hedge, upon the inside only, several rods can be added to a holding in the course of a Lifetime - then what was Common is found to be private.
The Royal Oak at Wivelsfield Green,
Ditchling Common, RH15 0SJ.
Photo dated 1950 by Arthur Jenner.
The pub closed in 2009
The management of the Common is in the hands of a Reeve and committee, appointed annually by the proprietors. From May to October, a Ranger or 'looker", assists the Reeve in supervising the stock which the Commoners graze on the Common.
Owing to the difficulties in dealing- with the gipsies application has been made to the Chailev District Council for bye-laws.
The stocking of the Commons used to be inaugurated with a lunch at the Royal Oak where the cattle were brought to be branded. Farmers and drovers presented their stock to the Reeve and Ranger who would be in charge of them for the next 5 months.
This minor feast was called Horn Fair. Should any beast be changed a fine of 6d was paid to the Looker. No geese were allowed on the Common as they spoiled more grass than their value warranted. At the Present time we should entertain a suitable flock with a gooseherd in charge thereof. Any landowner requiring to connect his property to the main road by a path or road is charged a rent varying according to its width and length a fee from 6d to 10s 6 d.
Stacks of litter or hay may be put up with the Reeves permission and a payment of 6d a fee also charged for each hen coop placed on the Common.
In the autumn bracken and gorse maybe cut for the payment of 2s 6d per load. Before oil entered into a farmers life the winter bedding for his cattle was an important item and there was much competition for the best pitches for litter cutting. A farmer staked out his claim a dawn by cutting the base of the area he proposed to clear.
The Reeve is not responsible for the behaviour of the cattle committed to his care. These are inspected daily and any affection or accident is reported to the owner.
In 1846 the Commoners received £300 (which they invested in Consols and have since mostly spent in draining and fencing) in compensation from the London and South Coast Railway for being allowed to take its lines across the Common.. This was the occasion when on adjoining and private land the Spoilt Bank (made of earth or spoil from the railway cutting ) came into being; it is now recognisable by the large wooden crucifix thereon carved by Eric Gill as a War Memorial. Much to the annoyance and inconvenience of motorists the presence of cattle on the common necessitates gates.
The cow was there before the car and is likely to be found after it. When the two have come into collision the cattle has suffered much less than the machine and its occupants.
The "Spoil bank" at junction of Ditchling Common Road and Folders Lane.
"Spoil Bank Crucifix" shown top left.
Photo circa 1920
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