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 Inc.u.mbent 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 const.i.tution 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 const.i.tuted "parishes" created within the original township of Willenhall since Mr. Fisher became Inc.u.mbent 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 const.i.tuted 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 pa.s.sively 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 "f.a.ggot 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.

6d. 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 a.s.sistance 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 const.i.tute 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 Inc.u.mbent (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 inc.u.mbent 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 s.p.a.ce of each other, were unable to come to any definite decision by which the position of things would be materially altered.

XXI.-Willenhall Church Endowments.

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 doc.u.ments, 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 ma.s.ses 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 "superst.i.tious" 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,"