The Annals of Willenhall by Frederick William Hackwood (i can read with my eyes shut txt) 📖

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,