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

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.

In the exercise of the powers conferred by the Act, the Trustees, in the course of a few years, sold all the lands belonging to the Living situate in Willenhall, and in recent years a piece of land containing 1 rood and 23 perches, forming part of the Freehold land at Bentley, has also been sold and there now remains at Bentley, belonging to the Living, nine pieces of land, containing a total area of 30 acres and 27 perches, which, for several years prior to Mr. Fisher's death, produced a rental of 20 pounds per annum.

The primary provisions of the Act with regard to the moneys to arise from sales and leases under the powers thereby conferred were: