Page:The History of the Church & Manor of Wigan part 1.djvu/136

 answer to this, Winstanley states that Richard Kyghley, late parson of the church of Wigan, did lease the said parsonage to John Ketchyn, Esq., for and during a term of years yet ensuing, which said lease was afterwards lawfully confirmed, by virtue of which the said John Ketchyn entered the said parsonage and was lawfully possessed thereof. The said John Ketchyn granted to Sir Thomas Gerrard, knight, and his assigns, the moiety of all the tithes of corn and grain within the town of Billinge for a certain term of years, and the said defendant, being the assign of the said Thomas Gerrard, considered that he had a right to take possession of the said corn, which he did in a lawful and peaceable manner. John Marsh and Thomas Knowle state that one half of the said tithes were demised to William Gerrard, and the other half to Sir Thomas Gerrard, knight, and his assigns, and they were instructed by John Winstanley and William Gerrard to carry away the said corn and grain.

The suit was renewed in the following year, 1 Mary, when Richard Smyth, clerk, parson of Wigan, lays a bill of complaint against William Gerrard, of Asheton in Makerfield, gentleman, John Winstanley of Blakeley, gentleman, John Marsh, of Billinge, yeoman, Humphrey Colley, of the same, yeoman, Lawrence Slynehed, of. . ., husbandman, Ralph Harryson, of the same, husbandman, and Thomas Knowle, of the same, husbandman, for carrying away three loads of tithe oats and three loads of tithe barley belonging to the parsonage of Wigan, and for which they refuse to make any recompence. The answers of Lawrence Slynehed and Humphrey Colley are almost illegible; William Gerrard gives a similar answer with respect to his portion of tithe as that which was given by John Winstanley the previous year. In answer to which Richard Smyth cites