1.—Prestwood’s Dole.
An ancient Instrument was produced to us, purporting to be a Deed-poll (without any seals thereto, but with a portion of the lower margin torn off, not, however, as it appeared to us, in that part where the seals are usually affixed), bearing date 17 August, 1642, whereby William Prestwood, of Willenhall, in Co. Stafford, and Mariana, his wife, granted to the Wardens and Sidemen of the Church or Chapel of Willenhall, aforesaid, and to the Overseers of the poor of the said Town, and their successors for ever, all the annual rent, profits, and emoluments whatsoever, issuing, renewing, and arising from, in and out of a certain Close of the said William and Mariana, called Canne Byrch, lying and being in Willenhall aforesaid, between Willenhall Field on one part, and the highway leading towards Darlaston on the other; to have and to hold all the rent, profits, and emoluments arising from the said Close, after the death of the said William and Mariana, for ever; to the pious use following, viz.:—
To pay and contribute the annual rent aforesaid to the use and behoof of the Poor in the said Town, at the discretion of the aforesaid Wardens, Officers, and Overseers of the Chapel and Town aforesaid for ever, and not otherwise: And it is further declared that the said rent should be annually paid in the manner and form as the said William by his last Will should appoint.
We have no evidence that this piece of land, which is well known, was ever in the possession of the Parish Officers. It is now considered as the property of Hervey Smith, Esq., of Castle Bromwich, who has lately succeeded to it on the death of his father, the late William Smith, Esq., solicitor of Birmingham, and to be subject only to an annual rent charge of 20s. to the Poor of Willenhall, which is regularly paid by the tenant of the land. It has been for many years in the possession of Mr. Smith’s family, and he produced several receipts, the earliest of which is dated 31 October, 1753, and is for “£1 due Nov. 1st, 1753, for Prestwood’s Dole.”
The others are for the same sum, designating it either as “Prestwood’s Dole,” or “A Dole payable to the Poor of Willenhall.”
We do not conceive that, under these circumstances, the imperfect Instrument above stated, unaccompanied by possession, can afford any ground to the Parishioners of the Township to claim anything more than the Dole which has been so long paid. The 20 shillings are given away to 20 Poor Widows on St. Thomas’s Day.