dated the 10th October in the 6th Year of James the First (1608).
Reference to Chapter VII. of this work will recall how a Chantry Chapel
had been founded and endowed in Willenhall by the Gerveyse family. This
Chantry Chapel would be a "separated place" within the Chapel-of-Ease
specially used to celebrate masses for the departed souls of certain
persons. Now, one of the earliest signs of the approaching Reformation
was a decline in the belief in Purgatory; and presently Henry VIII. was
empowered by Act of Parliament to seize all lands, tenements, rents, &c.,
which had been given for the maintenance of Chantry Priests, with all
their lamps, candles, torches, and other expensive appointments for what
were declared to be "superstitious" uses. But a right was reserved to
the King, as head of the Church, to direct such properties to uses which
could be regarded as truly "charitable." What became of the Willenhall
Chantry endowments?
It is the opinion of Mr. A. A. Rollason, no mean authority on the
subject--vide his recondite articles in the "Dudleian," having special
reference to a similar Commission of Inquiry held in 1638 as to the
alienation of lands belonging to Dudley Grammar School--that the
Willenhall Inquisition, or Commission of Inquiry, was brought about, as
was that at Dudley, in consequence of the uncertain state of the law as
to whether the lands, and the income therefrom, came within the
Charitable Uses Act; or whether the gifts were absolutely void.
For while Magna Charta declared "that if any one shall give lands to a
religious house, the grant shall be void, and the land forfeited to the
lord of the fee"--the abbots of old took care to be "lords of the fee,"
usually holding their lands direct from the King--there was a Statute of
Edward III. by which the King was empowered to grant a Royal licence
affording relaxation of lands held under the Statutes of Mortmain.
It seems almost impossible to doubt that the freehold lands belonging to
the Willenhall Chantry had escaped confiscation to the Crown under the
Statute, I Edward VI., if they had been held solely for performing obits
and singing masses for the dead. Yet it is just possible they may have
been re-granted to aid in the maintenance of the Curate of the
Chapel-of-Ease, in which case they would be recognised as a "charitable
use," and were consequently safe.
The Willenhall Inquisition of 1607 was addressed by the King (as stated
in the last chapter) to "The Reverend Father in God, William, Bishopp of
Coventrie and Lichfield And to our right trustie and well beloved William
Lord Pagett and to our trustie and well beloved Sir John Bowes, Sir
Edward Littleton, Sir Edward Leigh, Sir Simon Weston, Sir Robert
Stanford, Sir Walter Chetwynde and Sir William Chetwynde, Knights,
Zacharie Baington (Babington), Doctor of Lawe, Chancellor of Lichfield,
Raphe Sneade, Walter Bagott, William Skevington (Skeffington), Roger
Fowke, John Chetwynde, and Walter Stanley, Esquires."
It set forth that the King, for the due execution of a certain Statute of
43 Queen Elizabeth, intituled an Act to "redress the misimployment of
landes goods and stocks of money theretofore given to charitable uses,"
and having special trust and confidence in their approved fidelities,
&c., had appointed the persons named "to be our Commissions," and thereby
gave to them and to any four or more of them full power and authority to
enquire "as well by the Oathes of twelve lawful men or more of the County
of Stafford as by all other good and lawful waies and meanes accordinge
to the purporte and true meaninge of the said Statute, What landes, etc.,
have at any tyme or tymes been given by us or any of our progenitors or
by any other well disposed pson or psons, bodies politique or corporate,
for the reliefe of aged impotent and poore people etc.--And of all and
singular the abuses misdemeanors breaches of trusts negligences
misimployments notimployinge, concealinge, defraudinge, misconvertinge or
misgovernment of the same landes tenements rents anuyties pffits
hereditments goods chattels money or stocks of money or any of them
heretofore given lymitted appointed or assigned to or for any charitable
and godlie uses before rehearsed accordinge to the purporte and true
meaninge of the said Statute. And upon such enquirie hearinge and
examyninge thereof accordinge to the said Statute to sett downe such
Orders Judgments and Decrees as the said landes tenements rents anuyties
pffits hereditaments goods chattels money and stocks of money may be
dulie and faithfullie employed to and for such of the charitable uses and
intents before rehearsed respectively for which they were given limited
assigned or appointed by the donors and founders thereof accordinge to
the purporte and true meaninge of the said Statute."
The Commission then proceeds:--
And therefore we commande you that at cteyne days and places which
you or any foure or more of you shall appoint in this behalf ye or
any foure or more of you doe make diligent Inquirie and Inquiries
upon the pmisses and all and singuler the same and all other things
appointed by the said Statute for you or any foure or more of you to
doe and execute that ye or foure of you at the least pforme doe and
execute that effecte in all points and in everie respect accordinge
to the said Statute. . . . And the same Inquisicon and Inquisicons
and everie of them togeather with all decrees Judgments orders and
proceedinges which you or any foure or more of you shall accordinge
to the said Statute thereupon make or sett downe that you or foure or
more of you have before Us in our Chancery with all convenient speede
. . . under the hands and seals of any foure or more of you. . . And
we also command by authoritie hereof our Sheriffe of our said County
of Stafford that at such times dayes and places as you or any foure
or more of you shall appoint to him he shall cause to come before you
or any foure or more of you such and as many honest and lawful men of
the said County as well within the liberties as without by whom the
truth in the pmisses may best be known to inquire of the pmisses upon
their Oathes as you or any foure or more of you shall require and
command him.
The Decree before referred to was signed by Sir Edward Leigh, Dr.
Zacharie Babington, William Skeffington, John Chetwynde, and Walter
Stanley, and was addressed to the Right Honourable Thomas, Lord
Ellesmere, Lord Chancellor of England. It set out the Commission and
then proceeded as follows:--
Wee therefore by verteue of the said Commission dyd award a pcept to
the Sheriffe of the said Countye to somon foure and twentye good and
lawfull men of his Baylywicke to be before Us at Lichfeilde the
xxijth day of Marche laste paste and did also send a precepte to one
Jane Lane Widdow and to Thomas Lane Esquire that claymed intereste in
the pmisses to bee before Us att the same day and place to sett forth
theire and either of theire tytles (yf they had anie) to the said
pmisses att wch daye and place by virtue of the said pcepte to the
sayde Sheriffe dyrected as aforesaid a full Jury dyd appeare and
Councell on the behalfe of Mrs. Lane and the said Thomas Lane dyd
alsoe appear before Us and thereupon wee pceeded to sweare the Jurye
who bringe sworne and chardged to inquire of the pmisses after long
evidence and examinacon of many witnesses on both pts the said Jurors
gave up theire verdicte in such sorte as by an Inquisition hereunto
annexed Sealed and subscribed (wch wee doe herewith all ctyfye unto
yor Lordshippe into the highe Courte of Chancery) maie appear; that
is to say that a pcell of pasture or land called Marchyhills alias
Bessalls in Bentley aforesaid, of ye yeerlie value of fyve pounds,
was before the fourth yeere of Kinge Edward the Sixth given to
Nicholas Hellyn and Richard Whorwood gent., John Podmore Willm Greene
Willm Whitmore and William Podmore and their heires to bee Imployed
to saye devine service in the Chappell of Willenhall aforesaid for
the ease of the Inhabyants there being farre remoote from their prshe
Church of Wolverhampton in the said Countye that the pffits of the
said lands were from Anno quarto of Kinge Edwarde the sixte so
imployed as aforesaid by the space of dyvers yeeres of the said Jane
Lane and Thomas Lane and their Tenants And that the same have been
misemployed by the space of one whole yeere now laste paste and more
all wch pmisses considered wee doe order and decree at Lichfeilde
aforesaid by verteue of the said Comission in manner and form
followinge That is to saie that the said pcell of groundes and all
ye rents revenues yssues and pffitts thereof shall for ever hereafter
bee imployed and bestowed upon and towards the maynetaynance of a
Curate or Chaplyne for the tyme being to saie devine service in the
said Chappell for the ease of the Inhabitants there and that John
Wilkes of Willenhall in the said Countye gent, Willm Flemynge als
Greene of Willenhall in the said Countye yeoman, Leonard Tomkis of
Willenhall in the said Countye yeoman, John Bate of Willenhall in the
said Countye yeoman, Richard Bate of Willenhall in the saide Countye
yeoman, Willm Baylie of Willenhall in the said Countye yeoman, and
Willm Brindley of Willenhall in the said Countye yeoman, theire
heires and Assignes shall have and hold the said pmisses to the use
and entente aforesaid according to a former feoffm't thereof made and
shewed forth to the said Jury at the tyme of the same Inquisicon
taken and shall from tyme to tyme and at all tymes hereafter yeerelie
Imploye and bestowe the full value thereof upon and towards the
maynetaynance of a Curate or Chaplyne to saye devyne service in the
said Chappell.
As will be seen, the Decree states clearly that the yearly income of the
Bentley lands was to be used towards the maintenance of a Curate to say
Divine Service in the Chapel; this at once brought it under the
Charitable Uses Act, and removed it from liability to be confiscated
under 23, Henry VIII., c. 10., for perpetuating practices regarded as
superstitious and contrary to Reformation doctrines. It will be noted
that a "former feoffment" is mentioned--may not this have been a re-grant
by the King, which has been hinted at? The grant to Nicholas Hellyn and
others in 4 Edward VI. has all the appearance of being a gift from the
Crown to the purposes of the newly constituted Church of England.
The Decree then proceeds, as mentioned in the last chapter, to make
provision for the filling up of vacancies in the number of Feoffees
whenever the number may be reduced to three.
It will be noticed that the Inquisition and Decree, as given above, deal
only with the title to and the application of the income of certain
freehold lands at Bentley. The Deed of the 23rd September of the 6th
Year of James the 1st (1608), and the Memorandum of the 10th October of
the same year, however, appear to deal with what seems to be the
remainder of the endowment of the Curacy, and with the status of the
Priest or Curate. The Deed and the Memorandum set forth, in effect, the
same set of facts; and the former may be described as the Contract out of
Court between the parties interested, and the latter as being the
Official Record of the Contract entered upon the Rolls of the Manor. The
Deed is stated to be made between the Right Worshipful Sir John Levison,
Knight, of Lilleshall, in the County of Salop, and John Giffard, of
Chillington, in the County of Stafford, Esquire, on the one part, and Sir
Walter Levison, of Wolverhampton, Knight, Thomas Lane, of Bentley,
Esquire, Richard Wilkes, and Thomas Tomkis, of Willenhall, Gentlemen, and
William Brindley and William Podmore, of Willenhall, Yeomen, on behalf of
themselves and the rest of the Inhabitants of Willenhall, on the other
part; and after making reference to a "Commission awarded upon the
Statute of 43 Elizabeth concerning Lands given to Charitable Uses," it
proceeds to state that the lords consent, grant, and decree that the
Copyhold lands therein referred to shall be let in the manner and for the
purpose therein mentioned, and the effect of such consent, as before
pointed out, is recited in the Memorandum entered on the Court Rolls.
Coming to the Memorandum of 1608, it is evident a serious difficulty had
arisen with the Willenhall lands held under copyhold tenure, and which
were probably dealt with by the same Commission. For there was probably
but one Commission of Inquiry, though there may have been two separate
Decrees.
Lands held by Copyhold tenure are usually subject to fealty to the Lord
of the Manor, and this was doubtless customary in Stowheath. It seems
conclusive that the King did not take these lands into his own hands,
whereby matters would have been reduced to the absurdity of the lord
paramount being called upon to do homage to his own tenant.
The suggestion is offered by Mr. Rollason that the tenure of the lands
was not precisely a lay one, but partook of a spiritual nature--was, in
fact, not feudal, but what was known as a tenure in frankalmoign or free
alms.
The Memorandum commences with a recital as follows:--
Whereas by a Commission awarded upon a Statute of 43 Elizabeth
concerning Lands given to Charitable Uses upon the executinge of wch
Comission the Inhabitants and Men of Willenhall in the County of
Stafford have made profe that certaine Copyhold Lands in the Towne of
Willenhall holden by Coppie of Court Roll of the Manor of Stowheath
were formerly Surrendered by certain Feoffees or Stateberers Uppon
Trust and confidence that the yearly Pfitts thereof should be
imployed for the hyer stipend and wages of a Preist Minister or
Curate to say Divine Service in the Chappell of Willenhall from tyme
to tyme for ever for the Ease of the Inhabitants there dwelling being
two Myles distant from Wolverhampton their Prshe Church and towards
the repairinge of the said Chappell and the said yearly pfitts
thereof were soe used and imployed for many yeares togeather uppon
consideracon of wch said cause and uppon longe debate thereof before
divse Comissioners in psence of Councell of both ptes ambiguity and
doubtings arisinge whether the said Copyhold Lands were originally
given to the maintenance of a Chantery Preist or otherwise to the
maintenance of a Curate of Preist to say Divine Service in the
Chappell aforesaid The said Inhabitants are contented to refer
themselves therein to the consideracon of Sir John Leveson Knt and
John Giffard Esquire Lords of the Mannor of Stowheath within wch
Mannor the said Towne of Willenhall lyeth and is pcel wch usadge and
imploymt of the saide rents and pfitts of the said Lands the said Sr
John Leveson and Jhn Giffard Esqre well accepting of are willing to
give furtherance to soe good and charitable an occon And the rather
for that their Ancestors have formerly given allowance out of the
same Lands for the same purpose And therefore doe for them and their
heirs consent and agree that the said Coppyhold Lands shall for ever
hereafter be let by the consent of four of the Inhabitants of the
said Towne of Willenhall to be chosen by the greater pte of the
sufficient Householders of the said Towne having lands of inheritance
there, and that the said aforemenconed Lands shall be by the said
four Inhabitants let from tyme to tyme according to the trew and
reasonable Rate or Valew thereof and the mony pfitts and rents to be
reserved out of the said Lands to be imployed half yearly hereafter
in manner and forme following (that is to say) First to the payment
of eleven shillings yearly for the antient and accustomed cheife rent
dew and to be dew to the Lords of the said Manor of Stowheath
Secondly to the payment of Six shillings and eight pence yearly
towards the reparations of the said Chappell, and thirdly towards the
maintenance of a stipendary Preist Minester or Curate for the sayinge
of Divine Service Ministeringe of the Holy Sacraments and doinge all
such other service in the Chappell of Willenhall as doe and shall
belong to his Ministerie and Function wch Stipendary Priest Minister
or Curate shall be fro tyme to tyme chosen nominated and appointed by
the said Inhabitants of Willenhall for the tyme beinge or the
greatest pte of them havinge lands there as aforesaid and prsented
and allowed by the Lord on Lords of the said Manner of Stowheath and
his and their heir or heires for ever. And it is further ordered
that whosoever shall be nominated appointed prsented and allowed as
aforesaid to supply the place as Preist Minister or Curate in the
said Chappell of Willenhall shall conforme himselfe to the Govermt
Eclesiasticall and be resident uppon his cure there, in defalt
whereof and uppon complainte made by the said Inhabitants or the
greater pte of the sufficient or chiefest of them, eyther of his
nonresidence, Insufficiencie, negligence, or any other Misdemenor, to
the Lord or Lords of the said Manner for the tyme beinge, yt shall be
lawfull for the Lord or Lords of the said Mannor for the tyme beinge
to give one halfe yeares warninge to the said Preist Minester or
Curate to reform himselfe whch if he doe not then it shall be lawfull
for the said Lord or Lords for the tyme beinge to remove and displace
him at the end of the said halfe yeare, and to present and allow
another Curate Minester or Preist there to be nominated and appointed
by the said Inhabitants or the greater part of them as aforesaid.
Lastly it is ordered that the said Lands shall at the next Leete at
Wolverhampton for the said Mannor of Stowheath be granted by Coppie
of Court Roll to Nine Feoffees or Stateberers and their heires then
and there to be nominated, uppon wch Grante there shall be Thirteene
pounds six shillings and eight pence paid for a Fine and Herriotts,
and that after the death of six or seaven of the said Feoffees or
Stateberers there shall be sixe or seaven others from tyme to tyme
chosen by the said Inhabitants or greatest pte of them to whom and to
the other three or two surviving Feoffees and their heires uppon the
Surrender of the said three or two Feoffees or Stateberers a new
Grant shall be made by Coppie of Court Roll of the said Lands
accordinge to the Custome of the said Mannor. And soe from when and
as often there shal be remaininge but three or two Feoffees or
Stateberers And that uppon every such admittance there shall be payed
to the Lords of the said Mannor the some of six pounds thirteen
shillings and fower pence for a fine and Herriotts as often as any
such admittance shall be as aforesaid.
The disclosure here made, that part of the endowments went to the repair
of the church, gives the key to the probable solution; because this
unquestionably constituted a "charitable use," and where such was
intermixed with a "superstitious use," only so much as went to the latter
purpose was subject to confiscation under the reforming Statutes of Henry
VIII. A generous interpretation would not inquire too closely into the
amount left for a Chantry Priest, and the portion devoted to repairs of
the fabric. It was to discriminate between the two kinds of uses that
the subsequent Statute of Elizabeth (43 E. Cap. 4) was passed, empowering
the Lord Chancellor to appoint Commissions authorised to investigate the
complaints of aggrieved parties, and to alter the direction of the
endowment funds, where necessary, to make them conformable with the
Protestant religion. This was precisely the nature and function of the
Willenhall Commission. All it accomplished was done under the authority
of the Great Seal of England, the Commissions being generally directed by
the Lord Chancellor to the Bishop of the diocese, as in this case; the
judgments arrived at, and the decrees issued were given the full force of
law. The Willenhall Trust was clearly constituted under this Act of
Elizabeth.
On reading the introductory portion of the Memorandum, it will be
observed that no date is given to the Commission referred to, which
possibly might be interpreted to mean that such Commission was quite
separate from the one above set out, inasmuch as the latter related only
to freehold land at Bentley, while the Memorandum speaks of "certain
Copyhold lands in the Towne of Willenhall" being "surrendered by certain
Feoffees . . . Uppon trust," &c.
In the documents before considered no allusion is made to there being any
endowment or provision for the maintenance of the Chantry Priest or
Curate other than the income from the Freehold and Copyhold lands which
respectively formed the subject of those documents; and from this it is
reasonable to conclude that such income formed, or was involved in what
may be described as practically the only permanent provision for the
maintenance of the Incumbent for the time being of the Chapel.
A century ago there appears to have been a prevalent belief that the
income of the Incumbent or Curate was about 1,400 pounds per annum. An
investigation of what has happened during the last 70 years does not
reveal any foundation for the belief. After the election, in the year
1838, of the late Rev. G. H. Fisher to the Curacy, it was considered by
him and the Trustees of the Living to be desirable to apply to Parliament
for powers to sell the surface of the lands forming the Endowment, or to
sell or lease any of the mines thereunder. Accordingly, a private Act of
Parliament (7 and 8 Victoria Cap. 19) granting those powers was obtained.
The Preamble of this Act refers to dealings with the Copyhold Lands
subsequent to the date of the Memorandum before commented upon, there
being recitals that, as appears by a surrender dated the 21st November,
1727, certain Copyhold Lands, &c., in the Town of Willenhall were
formally surrendered to the use of certain Feoffees and were held upon
the trusts already described, and that at a Court Baron held on the 24th
September, 1839, the said Copyhold lands were surrendered to the use of
Thomas Hinks, John Riley Hinks, John Read, William Stokes, John Mason,
Joseph Turner, John Biddle, Jeremiah Hartill and John Davies on the same
trusts. The Preamble further shows a small further source of income for
the Living, inasmuch as it states that certain Freehold lands in the
Township of Willenhall (as well as those in the Township of Bentley) had
from time immemorial been held and enjoyed in like manner as the said
Copyhold lands and that the said Freehold and Copyhold lands constituted
"one and the same Charity." The Preamble further states that there stood
in the name of the Accountant-General of the High Court of Chancery the
sum of 386 pounds 3s. 0d. of three per cent. Consols, and that there was
owing from the Birmingham Canal Company a sum of 202 pounds 2s. 0d.
These two sums represented the agreed prices of lands belonging to the
Living taken by the Grand Junction Railway Company and the Canal Company
respectively under their compulsory powers. The freehold land in
Willenhall before referred to, is comprised (with all the other lands
held in Trust for the Living), in the Schedule to the Act, and consisted
of a field called Ell Park, containing 1a. 3r. 28p., and produced a
rental of 5 pounds 12s. 0d.
Touching the supposition before referred to as to the value of the Living
being 1,400 pounds per annum, it may be mentioned that the Schedule to
the Act gives the total area of the lands held in trust for the Living at
112a. 2r. 37p., and the aggregate amount of the rentals as being 500
pounds 15s. 6d. per annum.
A further power sought for and conferred by the Act was the power to
raise a sum not exceeding 1,600 pounds to be applied in building a
Parsonage House upon any of the land belonging to the Living, or, in the
alternative, to purchase at a cost not exceeding 1,600 pounds, a
Parsonage House, with the consent of the Court of Chancery, if thought
more advantageous than to build one.