Page:The History of the Church & Manor of Wigan part 1.djvu/137

Rh lease to Ketchyn of 11th February, 1542, and his own re-entry into the parsonage with all its rights and profits in consequence of the non-payment of the half-year's rent of £50, under Kyghley's lease to Ketchyn, within 40 days after it became due. William Gerrard says that if the rent was not paid it was by fraud between the complainant and Sir Thomas Langton, in order that the grant might be forfeited, that the complainant has no right by law or conscience to take advantage of this to avoid any particular lease, and that his re-entry into the parsonage is unlawful. Richard Smyth replies that the surmise of fraud is untrue. And Queen Mary, who had now succeeded her brother Edward, issues her commission to enquire into the matter.

At the Inquisition it was asked whether the said Smyth came to the parish church of Wigan on the 40th day next after the Feast of the Annunciation, in the 6th year of King Edward VI. (1552), and remained there all the same day till the sun was set, and then demanded £50, being the half-year's rent for the parsonage, and whether John Ketchyn or any person for him was ready to pay the said sum; and it was sworn, on behalf of Richard Smyth, by Charles Leghe aged 58 years servant to Miles Gerrard Esq., William Astley priest chaplain and servant to Miles Gerrard Esq. aged 64, Richard Gerrard gentleman aged 40, James Sherington aged 55, Thomas Gerrard gentleman servant to Miles Gerrard aged 35, Gilbert Holcroft aged 39 tenant to Miles Gerrard, and Robert Whalley aged 40 tenant to William Forthe gentleman, that the said Smyth had demanded the rent at sunset on the 40th day and it was not forthcoming. Robert Hatton, aged 67, who said that he had been bailiff to Ketchyn for 10 years and received the issues and profits of the said parsonage to the use of Ketchyn, swore to the lease granted to William Gerrard, now defendant, of a moiety of the tithe corn, hay, hemp and flax of the township of Billinge (being parcel of the said parsonage) for a term of 29 years, and also to the lease of the other moiety to Thomas Gerrard, Esq., for the term aforesaid; he further deposed that the said Thomas had made over his interest in the said