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The n.o.bles, whenever the weakness of a king emboldened them, fortified their castles, and increased the number of their retainers, whom they reduced to a condition of complete va.s.salage; and each baron strove to make himself a figure in the great national convulsions which, from time to time, broke out under the malign influences of the feudalism that dominated the whole land and blighted its every hope of progress.
The Franklins, the inferior grade of gentry, who, under the old Saxon system were called Thanes, were often compelled by force of environment to range themselves under the protecting banner of one or other of these petty kings. And where authority was systematically set at defiance by the great and the powerful, inoffensive conduct and dutiful obedience to the laws of the land afforded no guarantee for the security of either life or property.
To these disturbing influences must be added the barbarous severity of the laws of the chase, the vindictive nature of which sometimes made the heavy feudal chains of the common people almost too grievous to be borne.
As Willenhall was on the confines of the Royal Forest of Cannock, the oppressive nature of the Forest Laws was not unfelt by the inhabitants of this secluded hamlet.
In 1306, when John de Swynnerton married the daughter and heiress of Philip de Montgomery, Seneschal of the Royal Forest of Cannock, and became Steward of the Forest in customary succession, Willenhall was officially returned, along with a number of surrounding places (Wednesfield, Wednesbury, Darlaston, Essington, Hilton, Newbrigge, Moseley, Bushbury, Pendeford, Coven, and a score more), as appurtenant to a third part of the said forest bailiwick.
The Swynnerton interest in Willenhall transpires again in 1364, when John de Swynnerton is found suing two Willenhall men for forcibly and feloniously removing some of his goods and chattels from that place.
In the previous reign-that of Henry III.-numerous fines for illegal enclosures of Cannock Forest had been imposed upon landowners in this locality. Among them were Stephen de Hulton (or Hilton), and John, his son, "of Wednesfield," who had enclosed with a hedge and a ditch three acres of heath in Wednesfield, which they held under the Dean of Wolverhampton. They were fined four shillings each, and ordered peremptorily to throw down the hedge.
Here is an episode characteristic of the period. It is a Tuesday evening in the month of August, 1347, and about the hour of vespers. The scene is laid in "the field of Wolverhampton, called Wyndefield, in a place called Le Ocstele, near Le More Love-ende." A body of men, all carrying arms, are seen to approach their victim, who is described as a clerk, and therefore presumably defenceless. He is Roger Levessone, son of Richard Levessone. His a.s.sailants are Robert le Clerk, of Sedgley, two Dudley men, a man from Bloxwich, and several others, all duly named in the records of the law courts.
What the cause of quarrel may have been these meagre records do not inform us, but on the evidence of a number of witnesses, among whom was Richard Colyns, of Willenhall, they freely used their spears and swords, inflicting wounds upon the throat and other parts of the body, till the unfortunate Roger was despatched.
In 1339, one Richard Adams, of Willenhall, was charged with slaying two men in that place, one a townsman named John Odyes, and a certain John de Bentley. As he was acquitted, probably he did it in self-defence.
Encounters of this character were of frequent occurrence in those lawless times.
When the offences recorded are of a less serious nature than murder and slaughter, they are nearly always described as being accompanied by the violent use of lethal weapons-"vi et armis" is the old legal phrase.
Here are some examples of this kind of lawlessness:-
In 1352, William de Hampton (probably of the Dunstall family of that name) prosecuted a gang of fourteen men, including a chaplain, the parson of Sheynton (? Shenstone), and two men from Tettenhall, for robbing him of his goods and chattels at Willenhall, Wednesfield, Tettenhall, and Pendeford. Of the details of the robberies we are able to learn nothing, except that they were all perpetrated forcibly, and with a reckless display of violence.
A similar prosecution was undertaken in 1395 by another member of this family, one Nicholas Hampton, against Thomas Marshall, of Willenhall, and for a similar outrage in that place.
A Willenhall man named John Wilson, in 1373, had to invoke the law upon a desperado who forcibly broke into his house and close at Homerwych (Hammerwich), and stole from thence timber, household utensils, clothing, corn, hay, and apparently everything he could lay his hands upon and carry away.
Twenty years later John Wilson (probably the same prosecutor) charged John Wilkes, of Darlaston, with stealing two of his oxen, though no violence is alleged on this occasion.
Two Willenhall men, William Colyns, and William Stokes, were, in 1399, arrested, and charged with cutting down trees and underwood at Bentley.
Force and violence were used on that occasion; and it must be remembered that timber was then in much greater demand for building purposes than now, while underwood was in constant requisition as fuel and for the repair of fences and shelters.
Sixteen years later (1415) John Pype and a number of other Bilston men were prosecuted by Sir Hugh Burnell, Knt., for breaking into his closes at Willenhall, trespa.s.sing on his land, and treading down his gra.s.s with their cattle, committing damage to a grievous extent, and all in undisguised defiance to the law.
Enough has been quoted to ill.u.s.trate, by incidents common to the social life of so simple a community as that of Willenhall, the gradual decay of feudalism, and the steady growth of English liberty by the vindication of const.i.tutional law.
IX.-The Levesons and other old Willenhall families.
From the same sources, namely from the records of the ancient Law Courts, as transcribed, translated, and published in the volumes of the Salt Society, we are enabled to gain a knowledge of the most prominent families in this locality during the Middle Ages. There seem to have been lawsuits ever since there were landowners.
The princ.i.p.al family in Willenhall were the Levesons or Leusons, who are said to have been connected with this place and the neighbouring parishes of Wednesbury and Wolverhampton, almost from the time of the Norman Conquest, eking out a living from the soil, of which their tenure was at first a very precarious one.
Their pedigree, given by the county historian, Shaw (II. p. 169), shows the founder to be one Richard Leveson, settled in Willenhall in the reign of Edward I. But we find that in the year before this king's accession, namely, in 1271, Richard Levison paid a fine of 2s. 3d. in the Forest Court for being permitted to retain in cultivation an a.s.sart of half an acre, lying in Willenhall; that is, to be allowed to continue under the plough a piece of land on which he had grubbed up all the trees and bushes by the roots, to the detriment of the covert within the King's Royal Forest of Cannock.
The founder of the family was succeeded by a son, and by a grandson, both of whom were also called "Richard Leveson, of Willenhall," although the last one was sometimes designated as "of Wolverhampton," to which town he was doubtless attracted by the greater profits to be made in the wool trade.
The early commercial fame of Wolverhampton was based on this industry.
Although there were no wool-staplers here in 1340, yet in 1354, when the wool staple was removed from Flanders, Wolverhampton was one of the few English towns fixed upon by Parliament for carrying on the trade. (A staple, it may be explained, is a public mart appointed and regulated by law.) Although the staple was again changed to Calais, it was speedily brought back to England, and the Levesons were soon among the foremost "merchants of the staple."
A Clement de Willenhale is mentioned in an a.s.size of the year 1338, but not improbably he was identical with the Clement Leveson mentioned in another lawsuit in 1356, a party to which was a member of the ancient local family of Harper-"John le Harpere," as he is therein called.
Then there is mention in 1351 of the John de Willenhale, who is described as being in the wardship of the Prince of Wales. But perhaps the best insight into the social state of Willenhall at this period will be obtained from a consideration of its inhabitants liable to pay a war tax which was levied by Edward III. in order to enable him to carry on a war of defence against Scotland. For this popular military expedition, Parliament in 1327 granted the youthful king a Subsidy to the amount of one-twentieth leviable upon the value of nearly all kinds of property.
a.s.sessors and collectors were appointed for every town and village, and they were sworn to make true returns of every man's goods and chattels, both in the house and out of it. The exceptions allowable were the goods of those whose total property did not amount to the full value of ten shillings; the tools of trade; and the implements of agriculture. On the face of it, these exemptions seem fair and just to the lower orders; but we find the higher orders were also favoured, and unduly so; not so much perhaps in the matters of armour and cavalry horses, as in the non-liability of the robes and jewels of knights, gentlemen, and their wives, as well as of their silver and household plate.
Here is a copy of the Subsidy Roll of 1327 so far as it relates to
WYLLUNHALE.
De s. d.
Adam M- - - Andr' atte Mere xviij Joh'e le Bakere - - Ric'o Odys ij Ric'o filio Radulfi ij vj Joh'e filio Rogeri - - Ric'o filio Ade ij Will'o filio Roberti iij Will'o atte Pirye vj Ric'o Chollettes ij Agnete Odys iij Hugone le Gardiner ij Adame atte Mere ij Joh'e Hopkynes xij Agnete atte Wode xij Will'mo Newemon xij Symone Levesone vj Summa xxviij vj Pb.
It will be seen that this fragment is imperfect, as the various amounts set down will not add up to the "summa" or total given, notwithstanding that it has been audited-the abbreviation "Pb." standing for probata, or proved.
But more interest will be found in a brief study of the names of Willenhall's inhabitants, who were men of substance seven hundred years ago.
It will be observed that Simon is the only member of the Leveson family a.s.sessed, and that he pays the least sum, except that paid by the man Hugh, described as "the Gardener" (the amount paid by "John the Baker"
has been obliterated from the roll).
The strange surname Odyes, appearing twice in this list, occurs in another record of the year 1422, and seems to belong to a gentle family, resident in Willenhall, and owning lands in Bentley.
As but few people then bore recognised surnames, we find taxpayers here officially set down as "Richard the son of Ralph," "John the son of Roger," "Richard the son of Adam," and "William the son of Robert."
Besides these named according to their parentage, we have those described according to their place of residence; as thus, "Andrew at the Mere," and "Adam at the Mere"; "Agnes at the Wood," and "William at the Pear Tree."
William Newman was probably so-called because he was a new-comer, or was lately emanc.i.p.ated from serfdom as a "new man."
From the Patent Rolls of November, 1334, may be gleaned the bare facts of what seems to have been an extraordinary a.s.sault at Willenhall, which was committed upon John, son of John de Bentley, by no less than thirty a.s.sailants. Among those implicated may be noted the names of five members of the Leveson family, namely, Geoffrey, Moses, John, Simon, and Simon the younger; also the names of William, son of Robert atte Pirie, Andrew atte Mere, John le Harpere, Richard Coletes, Richard Colyns, and several others which have occurred before in these pages. The Leveson family continue to make many appearances in the records of Willenhall litigation at this early period. In 1347, Andrew, the son of Simon Levesone, of Willenhale, was sued for the treading down and consuming of the corn of Andrew in le Lone at Willenhale, with his cattle, and by force of arms, and for cutting down his trees, and beating and wounding his servant.
In the following year, Geoffrey Levesone, of Willenhale, brought a somewhat similar charge of trespa.s.s against John Oldejones, of Wodnesfeld. In 1362, Roger Levesone, of Willenhale, was successful in a suit for recovering two acres of land at Wolverhampton. About the same time Juliana Levesone, of Willenhall, married William Tomkys, a member of one of the leading families of Bilston.
In 1369, John de la Lone, of Wolverhampton, sued John Levesone, of Willenhale, for forcibly taking his fish, to the value of 100 shillings, "from his several fishery in Willenhale."
In 1394, Roger Liefson (Leveson), of Wylenhale (who has been previously mentioned in Chapter VII.), was at law with Thomas Colyns, of the same place, for forcibly taking away from Willenhall twelve oxen belonging to him. Immediately after, one William de Chorley was attacked for taking away from Great Wyrley, also with a display of armed force, three oxen and two cows, the property of Richard Leveson, of Willenhall. If these two cases were not reprisals, they at least show a state of disturbance and insecurity.
Another exhibition of lawlessness is brought to our notice in 1429, when Richard Leveson is found suing Robert Dorlaston, weaver, Richard Colyns, lorymer, William Brugge, and William Bate, yeomen, all described as "of Wylenhale," for violently and forcibly breaking into his close at Willenhall.
A similar case of forcible entry into the close and houses of James Leveson, at Willenhale, by one Roger Waters, a Willenhale lorymer, was an outrage which occupied the attention of the law courts in 1433.
Three years later (1436) another law case shows the same James Levesson suing John Pippard, chaplain, for a messuage and 20 acres of land in Wolverhampton, which he a.s.serted had descended to him from Richard Levesson, of Willenhall, who held it in the time of Edward I., in a direct line, namely, from Richard to his son Geoffrey, from Geoffrey to his son Roger, and from Roger to his son Nicholas, who was plaintiff's father.
By this time the Leveson family seems to have been not only firmly established in and around Willenhall, Wednesfield, and Wolverhampton, but to have been very numerous as well. Originally yeomen of the first-named place, cultivating their lands within the precincts of the Royal Forest of Cannock, they gradually grew and prospered, one branch taking advantage of the greater commercial opportunities offered by the last-named town, and settling there as merchants and wool-staplers.
Woolstapling was a prosperous trade in Wolverhampton as early as 1354; and in its ancient market place the Levesons of the younger branch were to be found bartering wool and steadily acc.u.mulating riches until they were able to marry into the most exclusive of the county families.
Among the Bailiffs of the Staple-which, in the case of Wolverhampton were wool and woolfel-we find the names of William Leveson in 1485, and Walter Leveson in 1491.