Monday, 26 November 2012

Examples of Devon Chancel Repair Liability

Introduction


I have chosen to look at Devon's Tithe Apportionments (Awards) because they are mostly available on-line and this will give a sense of what kind of liability is outstanding in these places. In several cases there will be a need to cross check with the record of Ascertainments for tithe rent charge liability as well as the Tithe Apportionment.

Venn Ottery


The apportionment of this township is found here In this township all the Tithes are owned by the Clerical Rector and so for this township there shall be no liability going forward  since the liability tied to the tithes has been extinguished. There is the possibility that liability maybe outstanding in other townships but those are not available on line.

Morebath


The apportionment of this parish is found here this document is  a little confusing to read since the Vicar who is collecting some of the greater tithes  and Lay Rector  who is collecting the rest of the greater tithes are related.. It is a little uncertain looking at the document as to whether the vicar is collecting the greater tithes because they are the vicar or because they are a Bere hence some local research would be needed but the record of ascertainments should make that clear.
What is clear is that Montague Bere has merged and extinguished the tithes in the freehold with the result there is non-apportioned liability (personal and several) in a number of plots and these plots are given a plot number with the result that non-apportioned liability should be traceable and they also have names including  Ashtown and Timewell wood.


Tavistock


The apportionment for this parish is found here the second declaration says that the Duke of Bedford as the tithe owner of and land owner of 10,000 acres of land is merging and extinguishing the tithe in the  freehold. Extinguishing the tithe and merging the liability means that all  10,000 acres almost certainly still bears the liability, personally and severally (or non-apportioned liability), for the Chancel of Tavistock. It would seem that that this land will be traceable by the tithe map since on the apportionment they are given plot numbers. There is also likely to be liability apportioned by tithe rent charge  under the record of Ascertainments.

South Pool


The apportionment for this parish is found here and the rector is a Clerical Rector hence there will be no liability continuing.

Rockbeare


This apportionment is found here there are three schedules one with merged greater and lesser tithes and one with merged greater tithes and one schedule of unmmerged tithes. The First two schedules have the liability un-apportioned (personally and severally) with a total of 1,600 acres of land with the liability. The third schedule now is going to be either of apportioned liability or of no liability.

Twitchen


The apportionment for Twitchen is found here the tithe owner and the landowners were different at the time and there was no merger of land and tithe no enclosure award hence the only liability that would appear to be here is likely to be covered by the record of Ascertainments and hence apportioned liability.

Caveat

Chancel Repair Liability is always complicated and there may be other documentation in existence which may suggest the liability is different to what I have found via these tithe apportionments.

Conclusion


It would seem that from Devon's apportionments and indeed the ones I have seen in Staffordshire and Shropshire suggest that merged land tithe liability is quite widespread and may indeed not be included in the  4,000,000 acres that is normally given as a estimate of land bearing chancel repair liability. I have given further advice on an early blog post and some are found on this webpage.

No comments:

Post a Comment