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![handle is hein.slavery/ssactsengr0692 and id is 1 raw text is: 3 VES. JIY. 78. ATTORNEY GENERAL V. STAFFORD (MARQUIS OF)
ATTORNEY GENERAL v. The Marquis of STAFFORD. Nov. 16th and 17th, 1795;
March 16th and 18th, 1796.
Under a commission of charitable uses it was agreed, that copyhold lands, formerly
surrendered for maintenance of a minister in IV. chapel, should be let, and the rents
employed towards maintenance of the minister, to be chosen and appointed by the
inhabitants, and presented and allowed by the lord of the manor ; who upon com-
plaint might give the minister half a-year's warning, and if he had not reformed
by that time, might remove him: the information prayed, that the lord might be
decreed to allow and approve the candidate, who had the majority of votes ; which
was refused on the ground of misconduct; and, the evidence clearly proving it,
a new election was directed ; upon which the same candidate being returned, and
producing strong affidavits of good conduct, for the last six years, the decree, stating
the affidavits, declared, that in consequence of them the relator deserved the approba-
tion of the trustees.
Before the 43d year of the reign of Queen Elizabeth, certain copyhold lands and
premises holden of the manor of Stowheath were surrendered to trustees upon trust,
that the yearly profits should be employed for the hire, stipend, and wages, of a priest,
minister, or curate, to say divine service in the chapel of Willenhall from time to time
for ever. About the sixth year of the reign of King James 1. a memorandum was
entered on the rolls of the said manor reciting, that by a consideration awarded upon
the statute 43 Eliz. under a commission of charitable uses the inhabitants and men
of Willenhall in the county of Stafford have made profert, that certain copyhold lands
in the town of Willenhall, holden by copy of court roll of the manor of Stowheath, were
formerly surrendered upon trust, that the yearly profits should be employed in the
hire, stipend, and wages, of a priest, minister, or curate, to say divine service in the chapel
of Willenhall from time to time for ever, for the ease of the inhabitants there dwelling,
being two miles from Wolverhampton, their parish church, and towards repairing the
said chapel; and the said yearly profits were so employed for many years ; upon con-
sideration of which cause ambiguity and doubtings arising, whether the said lands were
originally given to the maintenance of a chantery priest, or otherwise to the maintenance
of a curate or priest to say divine service, the said inhabitants are contented to refer them-
selves therein to the consideration of Sir John Leveson, Knt., and John Gi/jard, Esq.,
lords of the manor of Stowheath, within which manor the said town of Willenhall licth ;
which employment of the rents and profits [78] the said Sir John Leveson and John
Giffard accepting, the rather for that their ancestors have formerly given allowance out
of the same lands to the same purpose, agree, that the said lands shall for ever hereafter
be let by the consent of four of the inhabitants of the said town of Willenhall, to be
chosen by the greater part of the sufficient householders of the same town, and that the
rents to be reserved shall be employed half yearly, subject to the antient chief rent
due to the lords of the manor and an annual payment towards repairs of the chapel,
towards the maintenance of a stipendiary priest, minister, or curate, for the saying of
divine service, ministering the sacrament, &c., in the chapel: which priest, &c., shall
be from time to time chosen, nominated, and appointed, by the said inhabitants of
Willenhalt for the time being, or the greater part of them, having lands as aforesaid,
and presented or allowed by the lord or lords of the said manor of Stowheath and his or
their heirs or heir for ever; and it is farther ordered, that whatsoever shall be appointed,
presented, or allowed, as aforesaid, to supply the place of minister or curate in the said
chapel, shall conform himself to the government ecclesiastical, &c., and be resident upon
his cure there; in default thereof and upon complaint made by the said inhabitants
or the greater part of the sufficient or chiefest of them either of his non-residence,
insufficiency, negligence, or any other misdemeanour, to the lord or lords of the said
manor for the time being, it shall be lawful for the lord or lords of the said manor for
the time being to give one half year's warning to the said priest, minister, or curate,
to reform himself ; which if he do not, then it shall be lawful for the said lord or lords
for the time being to remove or displace him at the end of the said half year, and to
present and allow another curate, minister, or priest, there to be nominated and ap-
pointed by the said inhabitants or the greater part of them as aforesaid. It was then
ordered, that the lands should be granted to ninefeoffees, then and there to be nominated,
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