Page:The History of the Church & Manor of Wigan part 1.djvu/171

Rh and others, having obtained possession of sundry charters and writings concerning the said close and messuage, have joined together to defraud the said Fleetwood of the rents and profits of the same and to disinherit him and his successors thereof. That in or about the 11th of July, 1598, "armed, arayed and weaponed in very warlicke and outragious maner with swordes, daggers, long pyked staves, billes, pitchforkes, and other engynes and weapons as well invasyve as defensyve" they assembled at night near Wigan with the intent to carry away the said Fleetwood's hay, then newly mown and waiting to be removed, burst in sunder a certain gate and carried away the said hay amounting to 10 or 12 cartloads, to the house of Hyde, and did also assault and wound some of Fleetwood's servants, who were sent to stay their riotous behaviour, and caused the said servants to be hindered by the bailiffs. The said defendants still keep possession of the said meadow with the profits thereof, contrary to all right and equity.

In his answer James Hyde says that he and his ancestors have been tenants of the said messuage and land for 80 years and more. About 18 years ago the defendant's father arranged a marriage between Katherine, daughter of Thurstan Pemberton, and the said defendant, and the said Pemberton desiring to know the position of his intended son-in-law went to Fleetwood to enquire whether the said James Hyde should have the said messuage and land at his father's death, to which Fleetwood agreed, and the marriage took place. He declares that the hay was his by right, and that he took possession of it in a peaceable manner.

The other defendants also deny the charge of riot and unlawful assembly. Roger Ryecroft says that he has occupied "two bayes of howsynge" and a garden as undertenant to James Hyde for 10 years at a yearly rent of 8s., and James Kydde alias Ireland says that he has occupied a shop as undertenant to James Hyde and his father, the late William Hyde, for the space of 44 years