Page:The History of the Church & Manor of Wigan part 1.djvu/173

Rh to whether defendant Snarte called the said Thompson a "red-hedded knave," and said to him "Farewell and be hanged," or other such "disdainful speeches."

From the Book of orders and decrees it transpires that the defendants did not appear in court in the following February when summoned to make answer to the charge, but it was offered on their behalf that they would personally appear there in the first return of the next term, when they would likewise be called upon to ansvyer for their contempt of court, and John Bankes would also have to answer for having used contemptuous and opprobrious words to the plaintiff after the privy seal had been served upon him. They appeared accordingly at Easter, 1599, and were committed by the Chancellor to the custody of the Messenger of this court for their several contempts. At Michaelmas they had further respite granted to them to shew cause why the charge should not be heard and determined on the 5th February, 1600, after which there is no further mention of the suit, which was probably withdrawn on the parties coming to an amicable settlement.

The last lawsuit in which I find parson Fleetwood engaged was one with the Earl of Derby for possession of the tithes of Dalton and Upholland. In this case the Earl of Derby was the plaintiff. It appears that the Earls of Derby had long held the tithes of the townships of Dalton and Upholland at a low rent, and now claimed the right to hold them in fee on payment of the said rent as a composition or modus, Fleetwood therefore commenced the dispute by sending his servants to carry off his tithes of corn and grain in kind. In his bill, Lord Derby asserts that he and his ancestors have been accustomed to pay unto the parsons of Wigan the sum of £12 13s. 4d. yearly in full satisfaction of the tithes of corn and grain growing within the towns, lordships, hamlets and fields of Holland and Dalton; that Henry VII., by his letters patent bearing date 25th February, 4 Henry