Page:The History of the Church & Manor of Wigan part 1.djvu/144

132 It has been stated that after the death of Richard Gerrard, the late rector, William Gerrard re-entered and kept possession of a portion of the tithes of Billinge, so that Bishop Stanley was obliged to renew his predecessor's suit against him to obtain possession; and in 1 Elizabeth, 1558-9, we find him, as Thomas Stanley, bishop of Man and parson of Wigan, complaining in the Court of the Duchy of Lancaster that divers letters patent, deeds, evidences and writings concerning the manor of Wigan had casually come into the hands and possession of one William Gerrard, gent, being administrator of the goods and chattels of Richard Gerrard, clerk, late parson of Wigan, and although the said Stanley had sundry times required and demanded the same, the said William Gerrard had refused to give them up. Not knowing the certain number of these writings, nor whether contained in box or bag or in locked chest, he is without remedy by the due order of the common law to demand the said papers. He therefore entreats for a writ of injunction to the said Gerrard commanding him to deliver them up.

I presume that he recovered his writings and proceeded against the said William Gerrard, who seems to have died about this time; for in Hilary Term of the same regnal year, 1 Eliz., 1559, a final decree was made in the following terms, with respect to the suit commenced by Richard Gerrard, clerk, rector of Wigan, against William Gerrard and John Winstanley: "Whereas in the term of St. Hilary in the second and third years of the reigns of the late King Philip and Queen Mary late Queen of England deceased (1556), in the matter of the tithe corn and grain yearly arising and growing within the town of Billinge in the parish of Wigan, supposed to belong to the parson of Wigan, in the county of Lancaster; it was ordered and decreed in this court that the said plaintiff and his assigns should from henceforth have, perceive, take, occupy, and enjoy, the said tithe corn and grain without let or interruption of the said defendant, as by the said decree more