It is difficult to imagine Willenhall as a health resort; yet it was no fault of Dr. Richard Wilkes that his native spot did not become a fashionable inland watering place.
It should be explained that during the eighteenth century there was almost a mania to discover and exploit wells and springs, and to regard them as fountains of health to which the fashionable and the well-to-do might be attracted. Before the newer fashion of sea bathing was introduced—which was early in the next century—there was a great number of these newly-invented places of inland resort. For instance, Dudley had its charming Spa on Pensnett Chace; and to show that Wolverhampton was not behindhand, we take the liberty of quoting from the MSS. of Dr. Wilkes:
“A medical spring has lately been discovered at Chapel Ash, in the south-west part of this town, which purges moderately and without the least uneasiness. A brown ocre, or absorbent earth, remains after evaporation, mixt with salt and sulphur; so that it seems to promise relief in all kinds of disorders proceeding from costiveness, and alcaline, fiery, and acid humours in the stomach and bowels, attended by a flow of feverish heat, eruptions on the skin called scorbutic, headaches, giddiness, flatulency, sour eructations, flying pains called nervous and rheumatic, the hemorrhoids or piles, asthma, and many other disorders which seem incurable by the most powerful medicines.”
Truly the Doctor might have earned a good living nowadays by writing the advertisements for modern quack specifics.
Shaw’s description of the Willenhall Spa says that “the spring arises on the north side of a brook which runs almost directly from the west to the east, and so very near to it that a moderate shower will raise the brook as to cover it. About 200 yards up this brook, on the same side, are several springs, one of which was much taken notice of by our ancestors, and consecrated to St. Sunday, no common saint. Over it is the following inscription:—
“Saint Sunday” must have been some local saint; or, more probably, a jocular embodiment of the sacredness of this day of the week with its peculiarly pagan name, to the cause of idleness, and so dubbed by the native wit of Willenhall; anyway, no saint of this name is to be found in the authorised Calendar of any church.
One of the Wilkes MSS. utilised by Shaw, and dated 1737, records the following experiment worked by the learned doctor with the local mineral waters:—
“I evaporated in a brass furnace 13½ gallons to 3 quarts, then let it stand 3 days to settle, and poured the clear water from the fœces. This was a light smooth insipid earth of a yellow colour, fat between the fingers, insipid and impalpable, which being dried, weighed 93 grains. The remaining 3 quarts I evaporated in a brass kettle and had from it 53 grains of a very salt glutinous substance which dried into a solid mass of a brown colour. When the water came to a pint or thereabout, it began to smell like glew, and continued to do so when in a solid substance; it was then also as high-coloured as lye; but I am afraid this colour might arise from the brass kettle, in some measure, or too great a fire, being perhaps burnt.”
Another of his scientific records runs:—
“Oct. 9th.—I put into a Florence flask as much of this water as filled it up to the neck within 5 inches of the top. This I placed in a sand heat and increased the fire gradually till it boiled; and so I evaporated ad siccitatem. Some volatile sal stuck to the glass even up to the top; at the bottom was a small quantity of dark coloured matter, like that above, but I could not get together 2 grains of either. Here it is plain this sal is so volatile as to be raised and fly away by heat.”
In another place he writes:—
“On the 5th of November, 1737, I filled several glasses with this water, and put into them the following simples:—
1. Green Tea. This, in about 24 hours, made it of the colour of sack, and, by standing, it became much deeper coloured, like strong old beer.
2. Fustic; not so deep, more like cyder.
3. Red Sanders; almost the same colour in the light; but if I held the glass in the shade, it appeared of a blueish green, exactly like some old glass bottles I have formerly seen.
4. Alkanet; deeper, like old mountain wine.
5. Galls; paler than any of the foregoing. A large blue scum on the top, such as we see upon urine in fevers, and standing lakes of water, where there are minerals. With logwood, tormentil, cort, granat, etc., there are some spots of this kind, but with none so much as with galls.
“A little below the Spaw (continues our authority), on the other side of the brook, they meet with a white clay, full of yellow veins of a deep colour, like gumboge when it has been for some time exposed to the air. These two they temper together and make into cakes, which they sell to the glovers by the name of ochre cakes, and with them they give a yellow colour to leather.
“Near the surface of the earth the country is for the most part a strong clay, which makes good brick, but, for a small compass from this Spaw all along the village on the north side of the brook we have sand. Underground the whole country abounds with coal and ironstone.”
The glovers’ handicraft, it may be mentioned in passing, was once strongly represented in olden Darlaston.
The situation of Willenhall is by no means an elevated one, and the whole plain in which it is situated formerly abounded in Springs, ere the surface had been so much disturbed by mining operations.
On the edge of the valley, under the shadow of Sedgley Beacon, was the famous Spring known as the Lady Wulfruna’s, and which gave the place its name, Spring Vale; from this spot the silvery stream flowed eastwards into Willenhall, seeking the cool shade of the pleasant woodland there.
The stream, as it came in from Bilston, and ran eastwards through Willenhall, till it met the Tame, was once called the Hind Brook, or Stag River. In Saxon times the Tame here seems to have been designated Beorgita’s Stream; and Mr. G. T. Lawley, in his “History of Bilston,” says that the original bed of this brook was discovered in Willenhall some years ago when extensive excavations were being made.
So far the scientific aspect of this once famous Well. The popular view of a much frequented mineral spring which had “long been celebrated for disease of the eye and skin” opens out an even wider aspect. As previously mentioned, the brook flowing past it ran from west to east; a stream so directed was always accounted by the Druids of old as a sacred watercourse. Being thus from the earliest dawn of history within sacred precincts, there can be little doubt the Willenhall fountain enjoyed the reputation of a “Holy well” for many centuries. As such it came in for the annual custom of “well dressing,” a vestige of the old pagan practice of well worship. Respecting this ancient custom, Dr. Plot, writing in 1686 in his “Natural History of Staffordshire,” says:—
“They have a custom in this county, which I observed on Holy Thursday at Brewood and Bilbrook, of adorning their Wells with boughs and flowers; this it seems they do at all gospel places, whether wells, trees, or hills, which being now observed only for decency and custom’s sake, is innocent enough. Heretofore, too, it was usual to pay their respect to such wells as were eminent for curing distempers (one of which was at Wolverhampton in a narrow lane leading to a house, called Sea-well; another at Willenhall; others at Monmore Green, near Wolverhampton; at Codsall and many other parts of Staffordshire) on the saint’s day whose name the well bore; diverting themselves with cakes and ale, and a little music and dancing; which, whilst within bound, was also an innocent recreation.”
Dr. Oliver says the beautiful spring at Dunstall was the favourite resort of the Lady Wulfruna, and from contact with her sanctity acquired a reputation for possessing healing virtues of a miraculous character, and that this fountain was long known among its devotees as Wulfruna’s Well.
Pitt’s “History of Staffordshire,” issued in 1817, gives a long list of local wells bearing at that time some similar repute for their remedial waters. Among them was Codsall Well, near Codsall Wood, supposed in olden times to be efficacious in cases of leprosy, and adjacent to which once stood a Leper House, replaced at a later period by a “Brimstone Ale-house,” so-called because the water was sulphureous. The waters of the Monmore Green Well are described as containing “sulphur combined with vitriol.” The Sea-well Spring still retained its name as a “Spaw” famous for its “eye water”; while those of Willenhall and Bentley were said to yield a valuable remedial sulphur water so long as they “could be kept from mixture with other waters.”
Folklore not only connected these Wells with patron saints, but associated their magic precincts and curative effects with beneficent fairies. A well like that of Willenhall, which in a post-renaissance period was honoured with a stone frontal bearing a Latin inscription, would of a certainty be attended by fairy elves in an earlier and more primitive era.
About this Spring (if ancient fame say true)
The dapper elves their midnight sports pursue;
Their pigmy king and little fairy queen,
In circling dances gambolled on the green,
While tuneful sprites a merry concert made
And airy music warbled through the shade.
Owing to the meagreness of the record, a complete list of the holders of the benefice is not to be expected. Thomas de Trollesbury has been named as “the parson of Willenhall” in 1297 (Chapter VII.); while we also have the names of three chantry priests here—William in the Lone, 1341 (Chapter XI.); Thomas Browning, “chaplain of the chantry” in 1397 (Chapter VII.); and Hugh Bromehall in 1526 (Chapter X.); all of them doubtless nominees of the Deanery of Wolverhampton.
Of course, it was possible, though not often the practice, for the holder of the living to act as “chaunter” priest as well. The Chantry endowments, as we have seen, were forfeited at the Reformation, at which period the benefice was returned as of the annual value of “£10 clear.”
Either of these notorious evil-livers mentioned in Chapter XI., the non-preaching “dumb-dogs,” Mounsell and Cooper, may have been the occupant of the Willenhall curacy in 1586. In 1609 an improvement in the intellectual status of the holder had been effected, William Padmore, D.D., being then incumbent.
In a previous chapter it was shown that the Rev. T. Badland was expelled from the living of Willenhall in 1662. It can now be shown that he was holding the benefice at least as early as 1658—and possibly from the beginning of the Cromwellian rule and the overthrow of the Episcopacy in 1646.
About 1645–6 ordinances were passed appointing a Committee to consider ways and means of upholding and settling the maintenance of ministers in England and Wales. In 1654 the powers of the Plundered Ministers’ Committee were transferred to the Trustees for Maintenance. The Committee took the receipts of all Tithes, Fifths, and First Fruits; and later on the income of the rectories, bishoprics, deaneries, and chapters; they sold the bishops’ lands, &c.
It was out of this income that augmentations and advances were granted by the said Committee to ministers and school-masters. In the Record Office at London there is an audited account the Treasurer to the “Trustees for the Maintenance of Ministers and other pious uses of moneys,” showing among the disbursements for the year ending 26 December, 1658, one to
“Thomas Badland, of Willenhall (6 months to 1659, March 25) . . . £10.”
In curious contrast with this high-minded clergyman, who sacrificed his living to his conscience, is his successor in the Curacy of Willenhall, the Rev. Mr. Gilpin, who had to be seriously admonished for non-residence and other faults, and was at last, in the year 1674, turned out of the living altogether. Not improbably this gentleman was a pluralist, an example of the class of clergymen by which the Church of England was very much degraded at that period.
Dr. Oliver’s history printed the following “Dismissal of the Rev. Thomas Gilpin,” from the original document found in the possession of Mr. Neve, of Wolverhampton, in 1836:—
We, whose names are subscribed, the undoubted and immediate lords of the Manor of Stow Health, hearing and well weighing the said complaints of the Inhabitants of the towne of Willenhall, lying within our said Manor, made and brought against you, Thomas Gilpin, clerk, Curate of the Chapell there:
Doe in consideration thereof and in pursuance of an Order made and inrolled on some of the Rolls of the Court of our said Manor, bearing date 11th day of October in the Sixth Year of the Reign of our late Soveraigne, Lord, King James, over England, etc.
And of our power and authority thereby, Displace and Discharge you, the said Thomas Gilpin, from the place, Dignity, and office of Curate, Minister, or Priest in the said Chapell.
And do hereby present and allow John Carter, clerk (a person elected and approved by the Inhabitants of Willenhall aforesaid), to be Curate of the said Chapell in your place and stead, to read divine service there; and to do and perform all such other offices and things as shall properly belong to his Ministerial function and calling.
And thus much you, the said Thomas Gilpin, are hereby desired to take notice of.
Dated under our hands and seals this 18th day of November in the year of our Lord God, 1674, and in the six-and-twentieth year of the reigne of our Soveraigne Lord, Charles II., by the grace of God, King of England, etc.
Walter Giffard. l.s.
W. Leveson Gower. l.s.
After the expulsion of Mr. Gilpin the Rev. John Carter, who was appointed to succeed him, continued in the Curacy of Willenhall till his death in 1722. In 1727 mention is made of a Mr. Holbrooke being Curate of Willenhall.
Soon after the Registers assist in tracing the successive holders of the benefice. Here are three interesting memoranda, for instance, bearing the signature of the Rev. Titus Neve:—
1748, March 4th.—The faculty for rebuilding and enlarging ye chapel of Willenhall, ye then present minister, ye Rev. Titus Neve—(to charge and receive certain fees, etc.)
1750, January 20.—Then it was yt service began to be performed in ye New Chapel, after almost two years discontinuance, by Titus Neve, Curate.
1763, February 17th.—Joyce Hill made oath that ye body of Benjamin Stokes was buried in a shroud of Sheep’s Wool only, pursuant to an Act of Parliament in that case made and provided.—Witness my hand,
Titus Neve.
(This entry has reference to the Act for Burying in Woollen, one of those pieces of legislative folly whereby it was sought to bolster up artificially our decaying trade in wool.)
The Rev. Titus Neve, whose descendants at the present day are a well-known Wolverhampton family, was born at Much Birch in Herefordshire, son of the Rev. Thomas Neve, in 1717. He matriculated at Balliol College, Oxford, became Rector of Darlaston, 1764, holding the two livings, together with the Prebendary of Hilton his death in 1788. He was buried at Willenhall.
A sermon preached by him in Worcester Cathedral on August 12th, 1762, was printed in Birmingham by the celebrated Baskerville (see Simms’ “Bibliotheca Staffordiensis”).
His successor was the Rev. William Moreton, who, according to an entry in the Registers, was “sequestered to the vacant chapelry of Willenhall, December 4th, 1788.” Toward the close of his ministry Mr. Neve appears to have had the assistance of Curates—George Lewis signs the Registers as “Clerk, Curate” between December, 1778, and July, 1779; and the signature of Mr. Moreton in the same capacity begins to appear in 1784. Among the entries of the last-named is a record that in 1786 he paid the “tax” on a number of Baptisms and Burials himself, whereas in 1785 he shows that a “Collector” received it.
* * * * *
The advent of the Rev. W. Moreton marks an epoch, and we now turn aside to consider the peculiar history of the Advowson, or right of presentation to the living of Willenhall. In 1409 it is found in private hands, being then the property of William Bushbury and his wife (see Chapter VII.).
When the lord of a manor built a church on his own demesne, he often appointed the tithes of the manor to be paid to the officiating minister there, which before had been given to the clergy in common; the lord who thus founded the church often endowed it with glebe, and retained the power of nominating the minister (canonically qualified) to officiate therein. But a chapel-of-ease like Willenhall, built by a resident in the locality, often had its minister, maintained by the subscriptions of persons living close around it, and they naturally claimed to elect their own ministers. The authorities at the mother church would reserve the right to approve and confirm, and would see that they suffered no loss of fees and other emoluments.
An old book in the Registry at Windsor (without date) contains this entry:—
The curacy of Willenhall is endowed with land to the value of £35. The lords of Stow Heath have, in the last two vacancies, usurped upon the Dean and Chapter, and have nominated to it.
Shaw, the county historian, writing in 1798, after stating that whoever holds the Curacy of Willenhall must have a licence from the Dean of Wolverhampton, proceeds to say:—
There has been lately a serious contest between the Marquis of Stafford and the inhabitants about the nomination of a curate.
The gift of the living (says the same authority), or nomination of the minister or curate, is in the principal inhabitants that have lands of inheritance here. He is to be approved of by the lords of the manor, and admonished by them when he does amiss; and if he does not amend in half a year, they may turn him out and nominate another.
This practice is believed to have existed in Willenhall since the time of James I.
The power of the parishioners to elect their own clergymen, though not common, exists in various parts of the country; as at Hayfield and Chapel-in-le-Frith, both in Derbyshire; and in this more immediate locality at St. John’s Deritend, Birmingham, and at Bilston and Bloxwich, nearer still.
In London the only example where the elective principle is employed in the choice of a parish priest is presented by Clerkenwell. But wheresoever a vacancy of the kind has to be filled by popular election, with all the accessories incidental to the turmoil of Parliamentary electioneering, all the bitterness of party strife, the parish is inevitably divided into two or more factions; while the clergyman upon whom the lot eventually falls must for a long time afterwards be regarded as the nominee of one of them, rather than the spiritual director of the whole body of the people. He succeeds to his high office as a victor in a great parochial struggle which cannot fail to leave behind it those feelings of rancour so harmful in matters sacred.
The only remedy for this state of things seems to be the voluntary surrender of their privilege by the parishioners; or the provisions of a special Act of Parliament.
As to the soundness of the general principle of a people being consulted in the choice of their spiritual pastor, there can scarcely be two opinions. But where the danger lurks in a case like that of Willenhall is the assumption of our English law—an assumption quite unwarranted in any country where freedom of conscience exists, and with us one of the penalties for maintaining an established State Church—that every parishioner is a Churchman.
Now, as a matter of fact, votes are recorded at these elections by Romanists, by Dissenters of various shades of opinion, by those who are unattached to any religious denomination, and by many who never, at other times, take a great interest in Church of England affairs. At the last election even trustees of Nonconformist chapels were empowered to vote if they were householders, and the trust in respect of which they qualified had been constituted by a properly executed deed. So it can scarcely be claimed that the choice of minister rests solely with those most concerned, namely, the congregation, the customary worshippers at St. Giles’s Church.
Resuming the story of the benefice at the election of 1788, it is said that Mr. Moreton having been elected, the then lords of the manor declined to present him to the bishop on the ground that they did not regard him as a fit and proper person. Litigation ensued, and the High Court of Justice declared the election void, and ordered a new one. Meanwhile, the income seems to have sequestrated, probably lying in the hands of the churchwardens till the new minister should be properly instituted.
The electors for a second time returned Moreton, and the lords of the manor then took up the attitude that it was not part of their duty to live in litigation, either with the electors or with Moreton; they had expressed their opinion of the man in the strongest manner possible, and this they considered relieved them from further responsibility; so now at the electors’ wish they nominated him to the bishop for induction, and in due course he was formally inducted.
The new incumbent of Willenhall was popularly given out to be an illegitimate “nephew” of George III.; he bore a strong facial likeness to the Royal family, and had been at college with the Duke of York. But whatever his origin or extraction, he was a typical sporting parson of the old school, an enthusiastic cock-fighter, and “a three-bottle man.”
It was not long before the old mocking doggerel was applied to Willenhall:—
A tumble-down church—
A tottering steeple—
A drunken parson—
And a wicked people!
That this old rhyme fairly described the condition of things we may venture to believe if we can also accept as true the rhyme oft quoted by this Willenhall worthy, and which was said to embody his philosophy:—
Let back and sides and head go bare,
Let foot and hand go cold,
But God send belly good ale enough,
Whether it be new or old.
Of “Parson Moreton” innumerable tales are told, all of them racy, though not a few of them apochryphal. There can be little doubt that in the later years of his life he was a bon vivant, and indulged openly in the less refined sports of the period, a cockfight above all things having a strong fascination for him.
And yet, on the plea that “a merciful man is good to his beast,” he indulged his old grey pony, “Bob,” on which he regularly ambled about, with a share of every tankard of ale he quaffed on his rounds, till the knowing quadruped refused to pass any inn along the road for miles around without stopping for refreshment.
Parson Moreton is not to be judged by modern standards. At that time the church was asleep; and Dr. Johnson once declared that he did not know one religious clergyman. Though the Parson of Willenhall became noted throughout the countryside for his eccentricities, he managed to labour among the rough population, to whom he ministered, with some sort of success.
Into all his lapses from the conventionalities of clericalism, he was a gentleman at the core, having a dignified bearing and a commanding presence. He candidly admitted his shortcomings as a clergyman, telling his flock to do as he said, not as he did. This naturally failed to satisfy very many of them; and it has been asserted that the strength of Dissent in Willenhall at the present time is directly due to the influence of his incumbency.
Of the Rev W. Moreton, it may at least be said that he was a remarkably fine reader, and his sermons were always well-constructed compositions. For many years he lived with Mr. Isaac Hartill in the house at the corner of the Market Place, opposite the Metropolitan Bank; an old house still retaining its original oak floors and staircase, and its substantial old-fashioned doors of the same material, although the building is now made into two shops.
For nearly fifty years Parson Moreton was a familiar figure in the streets of Willenhall. His last signature in the Registers appears in 1833, a year previous to which the Rev. George Hutchinson Fisher had come into the parish to assist him, taking up his residence in the house next to “The Neptune Inn,” now the Police Station. He died July 16th, 1834, and was buried on Sunday the 20th.
When Mr. Fisher came to preach Mr. Moreton’s funeral sermon, the most notable feature of the oration was the absence of direct reference to the departed. Towards the close of the sermon, however, the following passage was uttered with impressive solemnity:—
“May every occasion like the present bring instruction and edification to your souls. May the failings which you have witnessed and lamented in others urge you to examine and correct your own; and when their removal makes you think on the nature of the account they will have to render, may you be awakened to scrutinise your own stewardship; and instead of recording the sins of the departed, seek to be delivered, whilst the Redeemer invites you, from those which are a burden to your consciences.”
Truly a charitable and Christian-like obituary!
The living of St. Giles’s, Willenhall, popularly supposed to be worth some fourteen hundred pounds a year, the reversion of it was looked upon with eager eyes by not a few of the surrounding clergy. Between Darlaston and Willenhall, particularly, there seems to have existed some sort of pretensions to a clerical inter-relationship.
The Rev. Titus Neve, who held the living of Willenhall from about 1748 to 1788, acted as Curate of Darlaston in 1760, and became Rector of that parish in 1764; while his son, the Rev. Charles Neve, was also Curate there from 1790 to 1793. The Willenhall record of his ministry and interment runs:—
The Revd. Titus Neve, Minister, Curate, or Stipendiary Priest of Willenhall Chapelry, Prebendary of Hilton and Sacrist of the Collegiate Church of Wolverhampton, and Rector of Darlaston, in the County of Stafford, departed this life December 23rd, 1788, and was interred in the Chancel.
His successor, the Rev. William Moreton, went as Curate to Darlaston in 1786, and was sequestered to the vacant chapelry of Willenhall, December 24th, 1788, the day following Mr. Neve’s decease.
At the termination of Mr. Moreton’s tenure, the Rev. George William White, who had been a curate at Darlaston from 1823, made a very determined bid for the Incumbency of Willenhall; and although, as we shall see, he was not successful, he was able to console himself, some nine years later, with the rectory of Darlaston (1843).
It appeared that when the Rev. W. Moreton became very old he neglected his duties sadly, often keeping funerals and congregations waiting an unconscionable time, greatly to the scandal of the whole parish. In consequence of this the Churchwardens induced the Incumbent, two or three years before his death, to appoint and pay an energetic young Curate to assist him in his parochial ministrations.
The Curate appointed under these circumstances, as already mentioned, was the Rev. G. H. Fisher, who speedily became a favourite, and by most Willenhall people came to be looked upon as the only possible successor to Mr. Moreton.
Long before the advent of Mr. Fisher, however, the Darlaston folk had settled in their own minds that their Rector, the Rev. Mr. White, was to annex the Willenhall living whenever it become vacant. Whether they looked upon it as being appurtenant to the more important office of their own shepherding cannot be determined at this distance of time; but certain it is that an intense feeling of rivalry existed between the men of Darlaston and the men of Willenhall. The intensity of the feeling may best be judged by a remarkable incident which occurred some five years before Mr. Fisher appeared on the scene.
During the earlier months of the year 1827 it would appear that there had been, from time to time, incursions and alarms between the two towns, and even rioting that involved hand to hand fighting in the streets. Never were such exciting times in these places. At last the rivalry culminated in an act of aggression as daring in execution as it was original in conception—the Willenhall men woke up one fine Sunday morning to find that the Darlastonians had entered their town in the dead of night and stolen the cock from the church steeple!
Now the desperate achievement of this triumph over their enemies had a deeper significance than at first meets the eye. It must be borne in the mind that those were the old cockfighting days, when town matched against town their gamest birds, and sought the glories of a victory in the cock-pit. As between these two neighbouring parishes in particular, there had been much vaunting of birds and challenging to the arbitrament of the spur; the Darlaston men would take a game cock into Willenhall, hold him up to show him the weathercock on the steeple, and then give vent to a roar of defiant laughter when the bird crowed his challenge.
By way of reprisal the men of Willenhall would raid Darlaston, and pretend to call the cock from the steeple there by scattering corn in the churchyard, in mocking allusion to an old tale of Darlastonian simplicity. No wonder, therefore, that the ridiculed were at last exasperated beyond endurance, and that the coup de main of stealing the Willenhall cock was not only projected, but carried to its marvellously successful issue.
Consternation reigned supreme in Willenhall; it was felt that the pass to which matters had been brought by the enormity of this latest aggravation by their enemies could only be met by an appeal to the law, which, hitherto, both factions had so recklessly set at naught. So the following public notice was promptly issued:—
10 GUINEAS REWARD.
Whereas, early on Sunday morning last, some evil disposed Persons did steal and carry away the
WEATHERCOCK
from off the
STEEPLE.Any Person giving Information so that the Offenders may be apprehended, shall upon Conviction receive Ten Guineas Reward over and above what is allowed by the Association for the prosecution of Felons. And as more than one were concerned, if either will impeach his Accomplice or Accomplices, they shall receive the above Reward, and every endeavour used to obtain a free Pardon.
Willenhall,
July 24, 1827.Thomas Hincks,
James Whitehouse,Chapel Wardens.
Bassford, Printer, Bilston.
The Notice proved totally unproductive of results, for no Darlaston man was found mean enough to betray the heroes of this daring escapade. Therefore, as the trophy of Darlastonian valour could not be recovered, and St. Giles’s tower could not be left in all its nakedness without being an ever-present reproach to the Willenhallers, a new vane had forthwith to be provided for the church.
It was some time after the Willenhall pride had been thus lowered that the old weathercock was accidentally found by some miners who were re-opening an old coal pit which lay between the rival townships. Almost needless to say, the new vane was instantly fetched down, and the old one once more set up to flaunt itself as bravely as of yore in the eyes of distant Darlaston.
The good folk of Willenhall, feeling humiliated, did all in their power to cover up their shame by burying the episode in oblivion; and to this day Willenhall men will deny that the Darlastonians ever came and took away their church weathercock. By way of throwing doubt upon the historical accuracy of the incident, they point to the fact that the church at that time had no spire; it is known, however, that a vane surmounted the church tower, and there is evidence of the Reward Notice, the loose wording of which is responsible for the use of the term “steeple” to signify a tower.
The authenticity of the said Notice is always open to investigation, for a framed copy of it still hangs in the Neptune Inn, preserved as a curiosity. (This copy, probably the only one in existence, bears intrinsic evidence of being a genuine document, and is a treasured possession of the Baker family, to whom the “Neptune” property belonged, the paper having been discovered some fifty years ago in a piece of old furniture, by Mr. Phillips, a connection of his family.)
Resuming the history of the benefice, it may be observed that a doubt has been raised whether Mr. Moreton had to go through a contested election in 1788, but there can be no doubt as to an electoral struggle in 1834. Mr. Fisher soon found himself drawn into the vortex of factional strife, for he was speedily pounced upon by the home party, and very much against his will adopted as their figure-head, if not their champion.
When, on the death of Mr. Moreton, the period of Election came within measurable distance, the excitement became more intense; the patriotic supporters of Mr. White invading the Willenhall territory day after day. Such challenging and fighting, such threatenings and retaliations, surely never were known; one faction had no sooner hurled its defiance at the other than both incontinently plunged headlong into the melée, and rioting once more raged fiercely through the public streets.
Cracked sconces, broken noses, split ears and black eyes resulted by the score; to which list of casualties must be added the number of the half-drowned who had to be rescued from the canal. Onslaughts made on public-houses and other party headquarters led to a considerable destruction of property, which, however, was borne with much complacency when it was remembered that the whole Hundred would be called upon to pay the bill.
Among the candidates for the Incumbency were the Rev. R. Robinson, lecturer at the Collegiate Church, Wolverhampton, in recommendation of whom Mr. G. B. Thorneycroft wrote a letter, dating it from Chapel House in that town, 16 July, 1834; the Rev. John Howells, the Rev. Mr. Rogers, the Rev. Mr. Gwyther, and the Rev. Mr. Wenman; but the Rev. George Hutchinson Fisher, who had been Curate two and a-half years in the town, was recognised as the most formidable competitor. He was the son of a headmaster of Wolverhampton Grammar School, and an M.A. (1834) of Christ College, Cambridge. He received his nomination from Mr. Jeremiah Hartill, and there was little doubt of his ability to obtain the necessary approval of the lords of the manor and the confirmatory licence of the Dean of Wolverhampton.
At that time the Duke of Cleveland was impropriator, but the tithes had been leased by his Grace to Messrs. James Whitehouse and Charles Quinton.
As the day of battle approached public feeling ran so high that on the eve of the poll, which took place on August 5th and 6th, 1834, the Returning Officer deemed it prudent to issue the following Appeal to the Inhabitants:—
It is represented to me, from numerous quarters, that the excitement of the approaching Nomination of a Minister to your Chapel renders it imprudent to take the Poll at the time and place appointed.
Gentlemen,—I cannot but hope and believe that such fears are unnecessary; and, relying upon your good sense, I have determined not to make any alteration in the present arrangements.
I have no interest in your choice; it is my duty only to act with impartiality between all parties.
For that purpose I shall be at your Church at Ten O’clock To-morrow Morning, but unless every person entitled to vote has free and Unmolested Access to the Poll, I shall, of course, be under the necessity of adjourning it.
I address myself to the friends of Each Candidate Alike, and entreating you to allow the proceedings of the day to take place with that moderation which their object and the sacred place in which we shall meet so particularly require.
I am, Gentlemen,
Your faithful, humble Servant,Francis Holyoake.
Tettenhall, August 4, 1834.
Needless to say, all this rowdyism and disgraceful violence were sternly reprobated by Mr. Fisher, whose rabid opponents must have come to realise that their cause was a lost one when they waylaid the polling clerk and tore his poll-book to shreds.
As to the Magistrates and the Constables, the custodians of the peace discreetly pursued a policy of the most masterly inactivity. Perhaps they felt that the resources of their command were totally inadequate to cope with an uprising of the dimensions and intensity which presented themselves to their consideration; or, maybe, they philosophically recognised that these stirring tumults were the inevitable concomitants of a parochial struggle of so momentous a character. Anyway, their attitude appears to have been justified when everything settled down quietly after the election, the Fisheries tranquilised by victory, and the White Boys dejected by defeat.
For the voting resulted easily in favour of Mr. Fisher, though the validity of his return was challenged in the Court of Chancery for some three years afterwards, during which time, however, he had no hesitation in officiating. He was a fine reader and an able speaker, his delivery of the Church ritual being a model of correct elocution.
Like his predecessor, he held the living a long time, the tenure of the two covering a century. Mr. Fisher resided for a number of years at Bentley Hall.
In 1887, soon after Mr. Fisher’s “Jubilee” in Willenhall, a public movement was instituted, in which many Dissenters took part, to acknowledge his fifty years of devoted service among all classes of the community. A presentation was made to him of a silver service and his portrait in oils—the latter the work of Thomas Hill, a native of Wednesfield, and which now hangs on the walls of the Free Public Library.
Although St. Giles’s Church is known as the Parish Church, and a church has probably been on the same site some six centuries, the church of Willenhall is really a Proprietary Chapel of Ease, and its Incumbent legally nothing more than a Perpetual Curate, or Curate in Charge, though Incumbent of Willenhall, and receiving in respect of that office a very substantial “living.” The official return set forth in Crockford’s Clergy Directory for 1893 was: Tithe rent charge, £640, net Income, £1,300.
Strictly, there is no St. Giles’s parish, nor any parish attached to St. Giles’s Church, and in law the Incumbent might, if he wished, ignore the so-called parish so long as he performed satisfactorily certain duties in the church. The unappropriated district, commonly known as St. Giles’s parish, includes that part of Willenhall which has not been allocated to the properly constituted parishes (or ecclesiastical districts) of St. Stephen’s, St. Anne’s, and Holy Trinity, Short Heath, plus the entire civil parish of Bentley—the whole being really part of the ecclesiastical parish of Wolverhampton.
The position is extraordinarily anomalous. The Incumbent is elected by the inhabitants of the township of Willenhall being sufficient householders and having lands of inheritance there; that is to say, the voters must be freeholders as well as householders. Litigation followed the choice of the Rev. William Moreton in 1788, and also the election of the Rev. G. H. Fisher in 1834. It is understood that this system of “patronage” has been condemned by the Privy Council; and that application has been made for the proper constitution of a St. Giles’s parish, but the Bishop demands a quid pro quo.
All attempts to create a Parish of Willenhall have, so far, utterly failed. The existing system of patronage is always the obstacle, and nothing will induce the voters either to sell or to surrender their rights in the Advowson.
To fully realise the position it must be borne in mind that in addition to the three constituted “parishes” created within the original township of Willenhall since Mr. Fisher became Incumbent of Willenhall in 1834, Short Heath is now a separate township, with separate District Council, and that Bentley has its Rural District Council—so that persons who live in Bentley parish, Short Heath parish, the three constituted ecclesiastical district parishes or districts, and the unappropriated remainder of the township (nominally St. Giles’s parish), have all the right to vote for the clergyman if they have the necessary other qualifications of householder and freeholder.
On the death of the Rev. G. H. Fisher in 1894, no less than 23 formal applications were forthcoming for the vacant living. The keynote was given at a preliminary meeting of St. Giles’s congregation, at which Dr. J. T. Hartill presided, and when the most likely candidates were formally proposed and seconded for adoption.
The voting (recorded on cards) resulted in favour of the Rev. William Elitto Rosedale, M.A., Rector of Canton, Cardiff, for whom there were 265, as against 26 given for the Rev. W. L. Ward, of St. Anne’s, Willenhall. The Churchwardens consistently directed the procedure at this public election as nearly as possible along the lines which would be followed by private patronage; they declined to take any active part in the circulation of testimonials, or afford facilities for any candidate to preach in the church, to the possible prejudice of the others, but they passively acquiesced in each one approaching the electors in any way which seemed fitting and proper to himself.
The votes recorded on this occasion were:—
Rev. W. E. Rosedale (Canton, Cardiff) |
199 |
Rev. W. L. Ward (St. Anne’s, Willenhall) |
157 |
Rev. J. E. Page (Binfield) |
28 |
Rev. F. W. Ford (London) |
1 |
At four o’clock, Mr. Page (who was the son of a local iron-master) and Mr. Ford retired in favour of Mr. Ward. The Returning Officer was Mr. R. N. Hearne, Steward to the Lords of the Manor of Stowheath, the Duke of Sutherland and Mr. W. T. C. Giffard; and the poll was taken by open voting, each voter recording his vote orally and within the hearing of all present.
The result having been forwarded to the Lords of the Manor, they formally nominated the one at the head of the poll to the Bishop for appointment and induction to the living. The successful candidate was a native, being the son of the Rev. D. Rosedale, to whose exertions the building of Holy Trinity Church was largely due, and in the Vicarage House attached to which the said candidate was born. But he possessed other than local claims, though these, no doubt, prepossessed many Willenhall folk in his favour.
There can be little doubt the election of 1894 was conducted with far more tact and discretion than ever had been exercised on similar occasions previously. There was still the old risk of serious public disturbances; but perhaps more than ever there was, as must generally be the case in such methods of conducting a controversial matter of this description, the danger of unseemly and acrimonious squabblings in public. It reflects the highest credit upon the Churchwardens and all others concerned in the election, that not only was nearly all this avoided, but the possibility always present, of long and embittered litigation to follow, was also reduced to a minimum. It required some firmness and decision to weed down 23 formal applications, and more than twice that number of business-like inquiries, to workable limits for taking a poll.
The litigation of 1834 had arisen through the manufacture of “faggot votes,” which were eventually disallowed, and had to be struck off. A difficulty arose in 1894 as to the interpretation of an Act of 1844—would Lord Blandford’s Act debar from taking part in the voting the residents in the newly-created ecclesiastical districts of St. Stephen’s, St. Anne’s, and Holy Trinity, Short Heath? Although at first dubious on the question, the authorities answered it in the negative.
* * * * *
As previously stated, the earliest record of the Advowson is of the year 1408. In the Salt Collections, Vol. XI., p. 218, we find that by a final concord recorded “on the morrow of St. Martin, 10 Henry IV., William Bysshebury and Joan, his wife, acknowledged that seven messuages, eight tofts, one mill, sixty acres of land, ten acres of meadow, and 24s. 6½d. of rent in Wolverhampton, and the Advowson of the Chapel of Willenhall to be the right of Richard Hethe and William Prestewood, chaplain, and the latter granted them to William Bysshebury and Joan for their lives, with remainder to John Hampton, of Stourton, and Harvise, his wife, and to the heirs of John for ever.”
Exactly two centuries later, as we shall learn in the next chapter, the endowments of, and the right of presentation to, the living were placed upon a definite and legal foundation. Suffice it here to say that at the present time there are Trustees appointed by the Charity Commissioners for the purpose of holding the Trust property belonging to the said living, and, with the assistance of an official representing the Commissioners, managing affairs connected therewith.
The Trust, to which Mr. Samuel Mills Slater is solicitor, is under the full control of the Charity Commissioners, who have to be regularly supplied with certified copies of all the Trust accounts.
As we shall see presently, the original Feoffees of the Trust property were appointed in 1608 by a Commission of local magnates and landowners, consisting of William Overton, Bishop of Lichfield; William, Lord Paget, of Beaudesert; Sir John Bowes, of Elford; Sir Edward Littleton, of Pillaton Hall; Sir Edward Leigh, of Rushall; Sir Simon Weston, of St. John’s, Lichfield; Sir Robert Stanford, of Perry Hall; Sir Walter Chetwynde, of Grendon and Ingestre; Sir William Chetwynde, of Grendon (half-brother of Sir Walter); Zachary Babington, Doctor in the Civil Law; Raphe Snead, of Keele; Walter Bagott, of Blythfield; William Skeffington, of Fisherwick; Roger Fowke, of Brewood and Wyrley; John Chetwynde, of Rudge, parish of Standon, and Walter Stanley, of West Bromwich—most of them justices for the county of Stafford.
By virtue of a provision in the Decree or award of these Commissioners, the surviving Feoffees were enabled to appoint new Feoffees in the places of the deceased ones. In later times, however, by virtue of the Charitable Trusts Acts, the Board of Charity Commissioners acquired the power of making appointments of new Trustees, and also of removing Trustees.
In the year 1889, the number of Trustees had become reduced to one—Mr. John Davies, then residing at Warwick. By an Order dated 23rd July, 1889, the Board removed Mr. Davies, at his own request, from the office of Trustee, and appointed the following gentlemen to be new Trustees:—
John Clark.
Wm. Henry Hartill.
John Thomas Hartill.
Joseph Johnson.
David Wm. Lees.
Jas. Carpenter Tildesley.
Henry Vaughan.
Henry Hartill Walker, junr.
Of these gentlemen only Messrs. J. T. Hartill, Vaughan, and Walker are now living.
It might be necessary under certain conditions (as, for instance, in any action connected with the sale of the Advowson) to constitute a body of elected Trustees (as distinct from the aforementioned nominated Trustees) of not more than eleven, nor less than five members, duly elected at a statutory meeting of the town’s inhabitant freeholders.
As a matter of fact, a public meeting of the owners of the Advowson, convened on the requisition of a memorial to the Incumbent (Rev. W. E. Rosedale), signed by a number of them, was held in the month of June, 1900, to consider a proposal for the sale of the said Advowson. A similar proposal had been discussed in 1898 at a public meeting attended by some 200 owners, when it was suggested that half the sum realised should be handed over to the town authorities, while the other half should be spent on the church and schools.
At this second meeting, over which Mr. T. Nicholls, chairman of the District Council, presided, the sale value of the Advowson was variously estimated at sums ranging from £1,100 to £3,000. The minister’s income was stated by one speaker to be £539 per annum nett—£508 derived from a sum of £20,974 13s. 11d. invested in Consols, and with other sources making a gross revenue of £641 18s. 9d., from which deductions amounting to £102 7s. 6d. had to be made.
Another speaker gravely cautioned the meeting against over-estimating the capitalised value of this living by remarking that the present incumbent was then a comparatively young man of only forty-two, and healthy at that.
It was given as the opinion of another speaker that the existing method of electing their parson was undesirable in the best interests of the church, and ought to be forthwith discontinued. Also it was contended that if a sale could be effected, any sum that resulted therefrom might very advantageously be expended in the town for the benefit of the inhabitants generally.
One stalwart stickler for “the eternal fitness of things” upheld the sound principle of the members of every church exercising the right to choose their own minister, and he deprecated generally the practice of trafficking in advowsons.
In the end, although those in favour of selling almost threatened to apply for an Act of Parliament for effecting a sale compulsorily, the meeting finally resolved by a very substantial majority: “That it was not advisable at the present time to sell the Advowson.”
So that two well-conducted public meetings, held within a brief space of each other, were unable to come to any definite decision by which the position of things would be materially altered.
By the courtesy of Mr. S. M. Slater, of Darlaston, a summarised, but fairly comprehensive account of the Willenhall endowments, and the somewhat exceptional parochial privileges connected therewith, may be given here.
The foundation of the Endowment of the Benefice and the establishment of the right of the Parishioners, or rather the Parishioners of the Township “having lands of inheritance there,” may be said to rest upon, or at all events to have been defined and regulated by, three documents, namely:—
(a) A Decree dated the 27th March in the 5th Year of James the 1st (1607), made in pursuance of an Inquisition, or Commission, issued by the King on the 12th February of the previous (regnal) year.
(b) A Deed of the 23rd September of the 6th Year of James the 1st (1608), entered into between the Lords of the Manor of Stowheath on the one hand, and Sir Walter Levison and others, on behalf of themselves and the rest of the Inhabitants of Willenhall, on the other hand.
(c) A Memorandum entered on the Court Rolls of the Manor of Stowheath, 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.