(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:—