And this Survey also states that all occupiers having a right of pasture upon the Great Forest may turn out any number of Cattle or other Stock, over and above such as are levant and couchant upon their respective Holdings, at any time whatsoever, paying the usual rate for the same. Altho' this Survey was so favorable to the Rights of the Tenants and Inhabitants of the Lordship of Brecknock, yet the Crown finding, as is supposed, that those Tenants and Inhabitants insisted on such Claims, and conceiving perhaps that the Origin of the same lay in some doubt and obscurity, has caused, by way of bringing the rights into question, Two Actions to be brought for Intrusion on the Hills, one against the sd. Watkin Lloyd and the other against the sd. David Jones. The following are copies of the Information, filed against both :- Brecknockshire to wit. Easter Term, in the 53rd year of the Reign of Be it remembered that Sir Wm. Garrow, Kut., Attorney-General of our Lord the now King, who for our said Lord the King now prosecutes, being present here in Court on the 5th day of May in the same term in his proper person for our said Lord the King, Gives the Court here to understand and be informed, That whereas a certain Tract of Land called the Great Forest of Brecknock, in the said County of Brecknock, containing divers to wit: Sixty thousand acres of land in the hands and possession of our said Lord the now King, on the 1st day of Jan'ry, in the 52'd year of his reign, and long before was and of right ought to have been and from thence hitherto has been, and of right ought to have been and still is and still of right origin ought to be in right of his Crown of England, as by many Records, Rolls, and Remembrances of this same Exchequer more fully appears of Record, Nevertheless one Watkin Lloyd, of the parish of Llywell, in the said County of Brecknock, Gentleman, the Laws of our said Lord the King not fearing, but intending and contriving by disinherison of our said Lord the King, with force and arms, etc., on the s'd 1st day of January, in the 52nd year of his Reign aforesd., in and upon the possession of our sd. Lord the King, of the premises entered, intruded, and made ingress, and the grass and Herbage growing on the said Tract of Land, of the value of £100 of lawful money of Great Britain, with his Horses, mares, Oxen, Cows, and other Cattle and sheep, eat up, depastured, trod down and consumed the Trespass aforesaid hitherto, and yet continuing in contempt of our said Lord the King and against his Laws, And that whereas a certain other Tract of Land called the Great Forest of Brecknock, in the County of Brecknock, containing divers to wit, Sixty thousand acres of Land in the hands and possession of our said Lord the now King, in, upon and over which divers persons having lands adjacent now of right have and exercise and from time immemorial of right had, used, and exercised common of pasture for all their Commonable Cattle, levant and couchant, in and upon their resp'ive lands as to their resp'ive lands belongg and appertai'ng on the said first day of January, in the sd. 52nd year of his reign, and long before was and of right ought to have been, and from thence hitherto has been and of right ought to have been, and still of right ought to be in right of his Crown of England, as by many Records, Rolls, and Remembrances of this same Exchequer more fully appears of Record, Nevertheless, the sd. Watkin Lloyd, the Laws of our said Lord the King not fearing, but intend'g and contriv'g the disinherison of our said Lord the King with force and arms, etc., on the sd. 1st day of Janry. in the sd. 52nd year of his reign afsd., in and upon the possession of our sd. Lord the King, of the premises entered, intruded, and made ingress, and the grass and herbage then growing on the sd. last ment'd Tract of Land, of the value of £100 of lawful money of Great Britain, with his Horses, Mares, Oxen, Cows, and other Cattle and Sheep, eat up, depastured, trod down, and consumed the trespasses aforesaid hitherto and yet continuing in contempt of our said Lord the King and against his Laws, wherefore the sd. Attorney-General of our said Lord the King, who for our sd. Lord the King in this behalf prosecutes, and for our said Lord the King prays the Consideration of the Court here in the premises, and that due process of Law may be awarded against the said Watkin Lloyd in this behalf, to make him Answer to our sd. Lord the King there touching the premes. afsd. IN THE EXCHEQUER re DAVID JONES. W. GARROW. Brecknockshire to wit. Easter Term in the 53rd year of the Reign of BE IT REMEMBERED that Sir Wm. Garrow, Knt., Attorney of our Lord the now King, etc. (Here follows a precisely similar Information, word for word, against David Jones, defendant, for disinherison, intrusion, and Trespass, and which concludes thus):Wherefore the said Attorney-General of our said Lord the King, who for our sd. Lord the King in this behalf prosecutes for our sd. Lord the King, prays the cons'on of the Court here in the premises, and that due process of Law may be awarded against the said David Jones in this behalf to make him auswer to our said Lord the King, touching the premises aforesaid. Sd. W. GARROW. Mr. Lloyd occupies an extensive Farm called Nantgwuarred in that part of the parish of Llywell, which is not within the District called the Great Forest, but in the Lordship of Brecknock, as Tenant to his brother Mr. David Lloyd, the proprietor of the same. Mr. Watkin Lloyd has been in the habit of turning up to the Hills every year Horses, Cattle, and Sheep (particularly great numbers of the latter), paying for the same in manner stated as to those persons resident in those parts of the several parishes to which the District of the Great Forest extends, but not within that district. Mr. David Jones occupies a Farm called Blaenglyn, otherwise Tymawr, in the Hamlet of Glyn, in the parish of Devynnock, and within the said district of Country called the Great Forest, as tenant to Mr. John Powell, This Farm adjoins to and fences against the Hills, and thereon same depastures his Cattle, horses, and sheep in the Summer, and some of the Horses and Sheep in the Winter also, paying every year for each head the Sums stated in respect to those persons residing within the district called the Great Forest. The following contains the nature of the Parol evidence which can be adduced by the Defts. in support of their rights. (As to usage of the Great Forest, but in the Lordship.) MORGAN DAVID, of Devynnock Village, aged 88. That he commenced Farmer of Bayley Bedw farm, and continued there 30 years. That during all that time he turned his oxen and young Cattle and Colts to the Great Forest during the Summer, and that they depastured there without interruption. (As to usage within the Great Forest.) WILLIAM DAVID, of Trewgam in Ystradvellty, aged 85. That he has lived at Trewgam, which is in the Great Forest, for years and as a Farmer, until about 4 years ago, when he gave up the Farm, Stock, etc., to his Son Richard, with whom he now lives. That he invariably turned his Cattle and horses of all descriptions, as well as his Sheep, to the Great Forest, and sometimes his Milch Cows, and that without interruption, and his father did so before him. That he paid yearly to the Forrester 1d. for each Horse shod, 1d. for each Ox, Id. for each Cow, d. for each young beast above one year old, a Farthing for every yearly beast, a d. for every Mare not shod, and for every Colt not broken to labour. That he always satisfied the Forrester for the time being for the sheep, but does not recollect what. That he never kept above 50 or 60 sheep, but in general less, that all the Ystradvellty Farmers turned up just as this witness did, that many kept a great part of their Sheep on the Hills the Winter as well as the Summer. WILLIAM DAVID, of Llanilltid in the Glyn, in the parish of Devynnock, That he took Llanilltid farm, and farmed it for 45 or 46 years, that during all that time he turned up his Oxen, his young Cattle and Sheep, to the Great Forest every summer, and he left some Horses (generally called Hill horses, from their being small and cast, on the Hills) thereon all the year and no interruption given. That he paid 1d. for every Ox, a d. for every beast above a year, and d. for every yearling beast; that before he took this farm he lived with his mother at Dan-y-graig farm in the Glyn. That his mother turned up her Oxen, Horses, and young Cattle and Colts as well as Sheep every Summer, and as the farm adjoin'd to the Hills, she turned up her Cattle (Cows included) from the beast house in the Winter, that she paid for the Oxen, horses, and young Cattle as witness, and paid for every Colt a d., that his mother and himself paid 8d. for every 100d Sheep, that before he farmed Llanilltid he lived as Servant with Thomas William Morgan at the farm of Carno in Glyn, that Thomas William Morgan turned up to the great forest about 900 Sheep, and kept the greatest part of them the winter, as well as Oxen, Horses, and young Cattle without Interruption, and paid for them in the same manner as witness did. That when witness lived with Thomas William Morgan he often told witness that he could turn up as many sheep as he pleased. (As to the part of Llywell Parish in the Great Forest). That he rented the ffarm of Llwynbwchan in Llywell about 33 years ago, and held it for 30 years. That during all that time he turned up all his sheep from ye Farm every summer to the part of the hills in Llywell Parish called Vole-vyty without interruption, that he paid the Forester sometimes one shilling, sometimes 28. a year as he could agree. (As to the part of Llywell within the great Fforest, and as to the Def'r Lloyd's ffarm, which is not within the Great Forest) MORGAN WILLIAM, Llywell Village, aged 76. Was born at a ffarm called Varllwyn, in the Parish of Llywell and within the great forest and adjoining the Hills, and he, and his father before him, held that farm for 40 years, that they turned up their Stock to the Hills in the great fforest without interruption, paying the forester 1d. for every shod Horse, 1d. every Ox, every barren beast above a year and every yearling, 8d. the 100 for the sheep, and if under 100, 2d. a score. He kept Hill Horses but paid nothing for them. That Mr. Lloyd of Blaenclydach, who held for a greater number of years Blaenclydach ffarm (which is also in the parish of Llywell but not in the Great Forest), and also Nantquarred for 7 years, always turned sheep there to an immense number. (As to Nant Gwarred and Llywell Parish.) MORGAN MORGAN, of Cwmwysk, aged 70. Has held two ffarms within the great Forest for a great number of years, and turned up his Stock to that part of the Hills called Mynidd-wysk without interruption, and paid the Forest Duty; frequently saw the Nant Quarred and Blaenclydach sheep depastured on several parts of the hills, and particularly that part called Glasfynydd for a great number of years. (As to Devynnock in the Great Forest.) THOMAS JOHN, HEOLSENNY, Labourer, aged 75. Shepperdhed sheep for two or three farmers in Devynnock on the Great Forest, and the Devynnock Farmers kept their sheep there without interruption. H (As to Devynnock and Ystrad vellte in the Great Forest.) JOHN HAVARD, HEOLSENNY, Labourer, aged 82. Farmed at Blaensenny for near 40 years, proves the turning up without interruption. (As to Devynnock in the Great Forest.) REES HAVARD, Cray, Aged 72, turned up to the Hills. (As to Devynnock, Ystradgunlais, and Lly well, in the Great Forest, and Llywell out of the Great Forest.) LEWELLIN POWELL, of Blaen Tawe Vechan, within the part of the District called Glyntawy, which lies in the parish of Llywell, aged 84. Has farmed in Glyntawy from his youth. Every farm he has held bordered upon the Hills on the Great Forest, and he and his Father before him always turned up their horses, oxen, young Cattle, and sheep in the Summer without interruption, paying the Forester Id. every Horse, 1d. every Ox, and every young beast. That those in that part of the Parish of Llywell which lies on the south side of the Usk, and is within the Great Forest, pay the ld., etc., only, and those the other side being out of the great Forest pay double. Glyntawe is a District of Country which comprizes parts of Devynnock, Llywell, and Ystradgunlais Parishes. (Part of Devynock, Llywell, and Ystradgunlais.) WILLIAM MORGAN, of Wernddu in Glyntawe, aged 72. Has always turned up without interruption as Llewellin Powell did. That he paid Samuel Howell as Forester 1s. 6d. yearly, now he pays John Powell as Forrester 2s. That the Inhabitants of Devynnock, Ystradgunlais, and Lly well, turned up, and among them Mr. Lloyd of Blaenclydach, when living. (As to Defynnock and Ystrad vellty in the Great Forest.) THOMAS JENKINS, WERNFAWR in Senny, aged 86. About 60 years ago witness commenced Farmer in Senny, having succeeded his Father, and continued in the same farm, which adjoins the Great Forest, for ab't 20 years; that during all that time he turned up his horses, Oxen, Young Cattle, Hill Horses, and Sheep without Interruption, paying the Forester 1d. for every shod horse, 1d. every Ox, and he thinks for every young beast and hill horse, and 2d. a score under a 100 for the sheep, and 8d. a 100 when a 100 or more. That his Father before him did the same, and his Father kept 500 or 600 Sheep at a time between the Hills and the farm both Summer and Winter. (As to the Parish of Devynnock, in the Great Forest, and as to the part of the MR. THOMAS POWELL, aged 75. Was born at Cwmpadest, adjoining the part of the Hill called Cwmpadest, in the Parish of Devynnock. He lived at Cwmpadest Farm until he was about 25 years of age. That his father used to turn every year, about May, his cattle, horses, and sheep up to the Hill, and used to keep some of his Horses and sheep on the Hills the whole year, but he does not recollect what payment his father made for the same; he certainly made some payment. That he went from Cwmpadest to live at his own farm, called Bwlfa, in the part of the Parish of Llywell not in the Great Forest, and near the Def't Lloyd's Farm, and in the Lordship of Brecknock, and lived there 40 years; that during these 40 years he was accustomed every year to turn his young Cattle to the parts of the Hills called Cwmpadest and Kevencil, and for these he paid 2d. a head to the Foresters. He used to turn up the cattle every year about May, and bring them down about Michaelmas. (As to Llywell-both in and out of the Great Forest-and as to the Parish of Llandilofane, and as to Nantgwarred.) ELIAS WILLIAMS, of the Parish of Llywell, aged 72 years and upwards. That he was born in the hamlet of Traianglas, in the Parish of Llywell, and has lived there all his Life; that he was born on the Farm of Trohedrwern, within the Great Forest, which his father held; that he lived there till he was 16 years of age, and he fully remembers for 8 years before; recollects his Father turning his Horses, Cows, and other Cattle and Sheep to the part of the Hills in the Great Forest called the Ryddven, which the ffarm adjoined; that they frequently remained there the whole year: that his ffather used to pay every year to the Foresters the payment called the Forest tax, as follows:For every horse that was shod, 1d.; for every Cow, Id. ; for every Ox or Bullock, ld.; for every Steer, .; for every heifer, d.; for every yearling, d.; and for every score of sheep, 2d. That the whole neighbourhood used to turn up to the Hills; that in the time he lived at Mitty Mawr Farm, the people of the Parish of Llywell and those of the Parish of Landilofane (a Parish in the Lordship, but not in the Great Forest) used to turn up to the Vole Mitty, and witness, as he lived near the Hill, used to take care of them as a shep'd; that they usually turned up young Cattle and Sheep; that the people of the Parish of Llandilofane used to pay the Foresters price, 4d. a head, for the cattle, but he does not know what they paid for sheep; that he always understood all the Inhabitants of the Lordship, as well as the Inhabitants of the Great Forest, had a right to turn to the hills, and he never heard of any interruption. (As to Deft. Lloyd's Farm, as to parish of Devynnock on the Great Forest.) Mr. Thomas Price, aged 84 years, went to live at Nantgwarred (Def't Lloyd's Farm) as Tenant 60 years ago, and succeeded the late Mr. Chas. Price, who owned the farm, and remained there as Tenant 11 years; that during all that time he turned every year 3 or 400 head of sheep to the hills in the Great Forest, and paid 4d. a score to the Forester; that the Occupiers of other farms in the neighbourhood of Nantgwarred turned their Horses, cattle, and sheep to those Hills (excepting those who had a right of common on a small hill in the Neighbourhood adjoining their Farms, but to which Nantgwarred had no right to turn), those persons who turned to the Hills in the Forest paid, as witness understood, 2d. a horse shoed, 2d. an Ox, 1d. a steer, 1d. a Heifer, d. a yearling, d. a Colt. (As to Devynnock, in the Great Forest and the Lordship). MR. WILLIAM GRIFFITHS, aged 85 years and upwards. That he was born in the parish of Devynnock, and has lived there all his Life; that his father held the farm of Clyn, in the said parish, and adjoining part of the Hills in the Great Forest called Kevenceel, and lived there with his father till he was thirty-two years of age; that during all this time his father used to turn up his Horses, Sheep, and Cattle to the Hills every year, and kept some of them there all the year; that his Father used to make the payment called the Kyvryve, or forest tax, every year to the Forester for the same; that when he was 22 years of age witness married and went to live at a farm called Abertreweren near Devynnock village, and remained there for 7 years and a-half; that he used to turn up Cattle, horses, and sheep every year to the hills, and used to pay the Foresters every year for the same on the lump; that he always understood this payment went to the King or his Tenants, and that the Foresters were persons chosen to collect the same; that he went from Abertreweren to the farm of Blaencray in the same parish, and lived there 30 years; that he was accustomed to turn up his horses, cattle, and sheep to the hills from thence. |