The Right Honourable William Lord Kensington, and Edward Meredith, Plaintiffs; Stephen Pugh, Thomas Wilson, David Lloyd, John Cheesement Severn, Defendants
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1830 |
| Date | 01 January 1830 |
| Court | Exchequer |
English Reports Citation: 159 E.R. 932
IN THE COURT OF EXCHEQUER AND EXCHEQUER CHAMBER
[125] thb right honourable william lord kensington, and edward meredith, Plainti/s stephen pugh, thomas wilson, david lloyd, john cheesement severn, Defendants. Jan. 26, May 4, 5, 6, 10, Nov 24, 1830. -A usage to pay to the rector of the parish one twentieth only, instead of the tenth, of the titheable matters of lands in an extensive manor, proved to be of ery great antiquity, and supported by evidence that the manor, though in modern tames reputed to be within the parish and rectory, was anciently a parish of itself, was held to be a void usage, no evidence being adduced of its having had any legal origin -Held, also, that it was impossible to treat the rector as a portionist, so as to deprive him of his common law right, and impose on him the burden of proof required from a portioniat; and that, it being clear, that the manor (whatever might have been the case formerly) was at the present time within the parish and reetary, the legal union of the manor to the rectory would clothe the rector with the common law right to the tithes of the district so legally united to the parish. The bill was filed by Lord Kensington, as lessee for certain lives of the Rev. Edward Davies, prebendary of the prebend, prebendal church, rectory, and parsonage of YOU 126. LORD KENSINGTON V. PUGH 933 Llanbister, in the county of Radnor, and Edwaid Meredith, as Loid Kensington's sub-lessee, against certain occupiers of lands. The bill stated that the parish of Llanbister comprised several townships, and, among others, the townships of Gollon and Kefn Pawl, the extent and boundaries of which townships were well knov* n, that the plaintiff, Lord Kensington, had, since the 23rd day of September, 1822, been, and then was, lawfully and rightfully seised or entitled to the premises comprised in the lease recited in the bill, subject only to the underlease to the plaintiff Ed ward Meredith ; and the plaintiff Edward Meredith, as under-lessee of Lord Kensington, had, since the same 23rd September, 1822, been, and then was, entitled to the immediate receipt of (inter aba) all the tithes, both great and small, yearly arising, growing, lenewmg, and increasing within such parts of the said rectory or parish of Llanbister, as weie comprehended in the said several townships of Gollon and Kefn Pawl; that the defendants, Pugh and Wilson, had severally held and occupied, since Michaelmas, 1824, and prior thereto, several farms and lands in such parts of the said parish of Llanbister, as were comprised in the townships of Gollou and Kefn Pawl, or one of them, and had also enjoyed and exercised considerable rights of pasturage, as common of pasture, on and over certain waste lands si-[126]-tuate within such paits of the said parish of Llanbister, as were comprehended in the said townships of Gollon and Kefn Pawl, or one of them. The bill then stated the perception of titheable matters by the defendants, on their farms, within such parts of the said parish as were within the aforesaid townships, or one of them, without setting out or accounting for the tithes. That, before, and until Michaelmas, 1825, a composition for and in lieu of the tithes, had been accepted by the plaintiff Meredith, but that m March, 1825, he, by a notice set forth in the bill, determined such composition, and required the tithes to be rendered in kind:-the bill then suggested a pretence by the defendants, that a loidship or manor, called the lordship or manor of Gollon, comprised sundry faims and lands in the said rectory or parish of Llanbister, and the titheable places theieof, and, among others, the farms and lands occupied by the defendants, and that, fiorn time immemorial, the occupiers of the said farms and lauds, and particularly the occupiers of the farms and lands occupied by the defendants, had been accustomed to yield and pay to the prebendary and parson of the prebend, prebendal church, rectory, and paisonage of Llanbister aforesaid, one-twentieth part of the titheable matters and things aforesaid, for and in lieu and satisfaction of the tithes of such titheable matters and things The bill charged that such custom, if any (but which the plaintiffs did not admit), was. unreasonable, illegal, and void, and requned the defendants to state the grounds and evidence by which such alleged usage was to be sustained The bill also suggested a pretence of mod uses or real compositions on the part of the defendants . and prayed an account and satisfaction of the tithes. The defendants answered separately. The defendant Pugh, by his answer, admitted the plaintiff, Lord Kensington, to be the lessee of the prebend, and the other plaintiff to be his bub-lessee. That the plaintiff [127] Meredith, as the sub-lessee of Lord Kensington, had been, since the time m the bill mentioned, and then was, entitled to the immediate receipt of three-fourth parts of all the tithes, great and small, within the rectory or parish of Llanbister, and the titheable places thereof, save and except, as after mentioned, the vicar of the parish being entitled to have, receive, and take the remaining one-fouith part of all such tithes, save and except as thereinafter mentioned. The defendant admitted his occupation of a farm and lands called Brondree, and his exercise and enjoyment of rights of pasturage as common of pasture, as appurtenant to his farm, and he stated that there was a lordship or manor, called the Lordship or manor of Gollon, in the said county of Radnor, which comprised and extended over divers townships and parts of townships in the said county of Radnor, and, amongst others, the whole of the several townships of Gollon and Kefn Pawl; which several townships of Gollon and Kefn Pawl were distinguished by well-known boundaries. That the said manor or lordship of Gollon was, m ancient times, a parish of itself, and still was so in reality and in fact, although the same in modern times had, by reputation, been considered to be within the said parish of LJaubister and other adjoining parishes, and, in paiticular, the parts of the said manor or lordship of Gollon, which comprised the said several townships of Gollon and Kefn Pawl, had been, in modern times, by reputation, considered to be within the said parish of Llanbister, although, in reality and in fact, not so, and the said defendants' farm, and the lands, and the said common or waste 934 LORD KENSINGTON V. PUGH YOU 128 lands which were situate within the said townships of Gollon and Kefu Pawl, had been, in modern times, by reputation, considered to be within the said parish of Llanbister, although, in reality and in fact, not so. That one moiety of the tithes, as well great as small, yearly arising, growing, and renewing in and thioughout the [128] whole or most parts of the said manor or lordship of Gollon, and, in particular, in and thioughout the parts thereof which comprised the said townships of Gollon and Kefn Pawl, belonged to the late dissolved monastery of Comehire or Cromhir in the county of Radnor, before and at the time of the dissolution of the said monastery, to which the said manor or lordship of Gollon and the defendants' said farm and Uriels, called Brondree, with the said rights of common appurtenant thereto, also belonged, and the said manor or lordship, farm, and lands, with the said rights of common appurtenant thereto, and moietj' of tithes, upon the dissolution of the said monastery in the reign of King Henry the 8th, came to the Crown, and the said farm and lands, with the said rights of common appurtenant thereto, and a moiety of the tithes thereof, then belonged to John Oheesement Severn, the owner of the said farm and lands, called Brondree, so occupied by the defendant as aforesaid, by a title derived from and under a grant or grants of the said King Henry the 8th That, by an arrangement between the prebendaries of the said prebend, prebendal church, and parsonage of Llanbister, aforesaid, and their lessees and the vicars of the said parish of Llanbister, for many years past, the sard prebendaries and their lessees had received all the trthes yearly accruing, growing, renewing, and increasing in arrd through certain townships within the said parish, and the said vicars had received all the tithes yearly arising, growing, and increasing in and throughout certain other townships within the sard parish. That, for many years past, the lessees of the said prebendaries had claimed to receive, and had received, one moiety of the tithes yearly arising, growing, renewing, and increasing in and throughout the said parts of the said lordship or manor1 of Gollon, which comprised the said townships of Gollon and Kefn Pawl, and, in modern times had, by reputation, been considered to be within [129] the said parish of Llanbister, and particularly one moiety of the tithes of the defendant's said farm and lands, with the said rights of common appurtenant thereto, but whether they had received the same as of right, or in what partrcular right they had so received the same, the defendant was unable to...
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