XIV. Litigation Concerning the Willenhall Prebend (1615 - 1702).

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The Prebend had little to do with Willenhall, except in name. However, as the name of Willenhall was attached to this particular “canonical portion” in the Collegiate Church of Wolverhampton, and more especially as the Levesons are connected with its later history, reference to it cannot well be omitted.

The Leveson family had been dealing with Wolverhampton church property for centuries, and in the Stuart period were lessees of the greater part of it at a nominal rent of £38 per annum. Their standing in the county may be gauged by this entry which the Heralds made concerning the family at “Visitation” 1538:—

Richard Leveson of Willenhall was living in 27 Edward I. He married Margereye, daughter of Henry Fitz Clemente of Wolverhampton.

By an indenture of the year 1613 the Dean and Chapter of Wolverhampton leased the deanery, prebends, and manor of Wolverhampton to Sir Walter Leveson, and all the lands belonging thereto in various parts of Staffordshire and Worcestershire, including those at Willenhall, Wednesfield, Bentley, &c., with all the mines of sea coal, ironstone, &c., on the said premises, but specially excepting the patronage and gifts of prebends, canonship, and all their offices and ecclesiastical jurisdiction; all at an annual reserved rent of £38, and the quaint old-world tenure of having “to entertain the Dean and his retinue two days and three nights in each year.”

The validity of these leases was questioned a few years later in the 13th year of James I., the lessee having refused to pay the reserved rents without considerable deductions; and a bill was filed in Chancery by Joseph Hall, D.D., prebendary of Willenhall, and Christopher Cragg, prebendary of Hatherton (probably on the advice of the newly installed Dean, Dr. Anthony Maxey), against the aforesaid, Sir Walter Leveson, who was then in possession of the property belonging to their two prebends, as well as other possessions belonging to the College of Wolverhampton.

Although the case was decided against Sir Walter Leveson, the prebendaries reaped little or no benefit; for Sir Walter died immediately after, leaving his heir a minor, and a ward of the King. During the wardship the King attempted to settle the questions and controversies which had arisen when he made the appointment of a new Dean.

It must be borne in mind that the Deans of Wolverhampton were also Deans of Windsor; and Dr. Maxey dying about 1618, there followed a somewhat quick succession of Deans. These were Matthew Wren (1628), protege of Laud, and successively Bishop of Hereford, of Norwich, and of Ely; Christopher Wren, his brother (1634), father of the famous architect of the same name; Dr. Bruno Ryes (1660); and Dr. Brideoak, who became Bishop of Chichester in 1675.

The wardship of young Leveson lasted 16 years, and when he came of age the prebendaries were glad to come to a composition with him.

By this composition he agreed to pay them £30 per annum each, in full satisfaction of the several tithes and other profits belonging in right to their respective prebends; this being over and above the said reserved rents which had been previously paid. Arrangements were made at the same time with the rest of the prebendaries respecting the several proportions of the tithe belonging to them.

About this time the Dean and Prebendaries successfully resisted an attempt of the Archbishop of Canterbury to hold a visitation within the “peculiar”—the church’s jurisdiction within itself.

After the Civil War the Prebendaries found that they had suffered considerable losses by the acts of their predecessors; so it was determined by Thomas Wren, LL.D. (son of the aforementioned Rev. Matthew Wren, Bishop of Ely, whose literary remains include “A Brief History of the Parish and Jurisdiction of Wolverhampton, from the Time of King Edgar”) prebendary of Willenhall, and CÆsar Callendine, B.D., prebendary of Hatherton, to file a bill in Chancery against Robert Leveson for a discovery of the lands he held which anciently belonged to the prebendaries of Wolverhampton, and that he might show by what title he held them.

The hearing was before the great Lord Chancellor of that day, Lord Clarendon, who dismissed the bill, though without costs.

The Leveson family consequently continued in the undisturbed enjoyment of the church property, granted to them in fee farm by six prebendaries, as well as of divers other freehold estates in the parish of Wolverhampton.

The Leveson property in Wolverhampton became much implicated in the numerous family settlements till, in 1702, Frances, Earl of Bradford, purchased it of Robert Leveson for £22,000. Lord Bradford also acquired, three years later, the estate of the Dean and Prebends of Wolverhampton which had been leased to the Earl of Windsor; so that the entire property of the Collegiate Church (except the prebendal houses and some property which had been set aside for the use of the Sacrist), passed into the hands of one and the same proprietor.

In the same year, however, the Dean, Prebendaries, and Sacrist filed a bill in Chancery against Leveson and the Earl for the recovery of the property. The plaintiffs were Gregory Hascard, D.D., dean; Prebendaries John Hinton (Willenhall), Richard Redding (Kinvaston), Thomas Allestree (Hilton), John Plimley (Fetherstone), John Hilman (Hatherton), Richard Ames (Monmore), Walter Ashley (Wobaston), and Henry Wood, sacrist.

They contended they were all clerks, constituted one entire body, and rector or parson incorporate, of the whole parish of Wolverhampton, which was of very great extent, consisting of 16 or 17 hamlets or villages besides the large town of Wolverhampton, being in circuit about thirty miles, in three of which said hamlets there were chapels of ease, the several cures thereof belonging to the said College or Free Chapel Royal.

In all this litigation it was a question much agitated whether, as all the prebendaries with the Dean and the Sacrist constituted one entire body, any single prebendary could demise his annual portion of the said general tithes without the consent of the whole body.

The defendant Leveson was accused of having contrived secret conveyances of many parcels of the said tithes and lands for the benefit of his own family, some of the properties having been sold for large sums of money, and the church revenues defrauded thereby. Also that he had so altered and confounded the buildings, fences, and boundaries of the church lands, and so mixed them up with his own inherited lands, that it had become impossible to discern or distinguish which were the original possessions of the College; possessions which at the Domesday Survey had extended to 3,000 acres, besides the lordship of Lutley, near Halesowen.

Dr. Oliver states that in his time (1836) there remained some “houses and lands now belonging to the prebendaries and Sacrist, which are leased out for lives.”

The “corpses” of the six prebends are supposed to have consisted of the tithes of their respective districts in Willenhall, Hilton, Hatherton, Fetherston, Monmore, and Wobaston.

The Rev. Richard Ames, Curate of Bilston for 46 years (1684–1730), makes the following record:—

1723, December 9th.—The Reverd. Mr. Wm. Craddock, Rector of Donnington (Salop), was installed Prebendary of Willenhall, he having resigned that of Hatherston. The mandate for his installmt. was directed to me (ye Senior Prebendary) by ye Rt. Hon’ble George, Lord Willoughby de Broke, Deane of o’r Collegiate Church of Wolverhampton, and of Windsor; I being constituted locum tenens.

On ye 10th December, 1723, by virtue of an’r mandate to me, directed by ye same Ld. Willoughby de Broke, ye same Mr. Wm. Craddock was by me put in possession of ye Sacrist’s Stall, both which places became vacant by ye death of Mr. Hinton. He (Mr. Craddock) was also constituted principal official.

In 1836, when Dr. Oliver wrote his history of the church, the Chapter of the College consisted of the Hon. Henry Lewis Hobart, D.D. (Dean), the Rev. R. Ellison, M.A., prebendary of Willenhall, and the other prebendaries (of Kinvaston, Hilton, Featherston, Monmore, Hatherton, and Wobaston respectively), and the Rev. G. Oliver, D.D., perpetual curate and Sacrist (an Act obtained in 1811 by Dean Legge had constituted the Sacrist the real incumbent of the church). The Chapter had it own seal, which was of proper ecclesiastical design, and of some antiquity.

On the death of the very Rev. and Hon. H. L. Hobart, D.C.L., &c., in 1846, the Collegiate establishment of Wolverhampton ceased to exist, and its property became vested in the ecclesiastical Commissioners.

Such was the gross abuse of ecclesiastical patronage, the entire income of the Collegiate Church (except £100 a year for a curate of very indefinite status) had been absorbed in the payment of a Dean of the two “peculiars” of Windsor and Wolverhampton, and of some half-dozen legendary prebendaries who were for the most part unknown, even by name, to the oldest inhabitant of the parish.

With the suppression of the ancient Deanery, the modern township of Wolverhampton was divided into thirteen ecclesiastical parishes.

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