Page:The History of the Church & Manor of Wigan part 1.djvu/174

162 VII. (1488-9), granted to the complainant's ancestor, Thomas, Earl of Derby, the said manors, lordships and tithes, to him and his heirs. By virtue whereof the said Earl of Derby was of them lawfully seized as of fee tail. In the month of August last past, or thereabouts, Edward Fleetwood, clerk, parson of Wigan, having obtained possession of divers ancient writings testifying the continued use and occupation of the said tithes by the said complainant's ancestors, by force of the same called in question the validity of the said customs, and did confederate with Robert Thompson and other persons, endeavouring to obtain possession of the said tithes. During the months of August and September, in unlawful manner, they did break into and enter at different times the divers closes and parcels of ground in Dalton and Holland, being arrayed with swords and other weapons, and did carry away the corn and assault Christopher Robie, John Berrye and Robert Byllinge, the complainant's officers for the gathering of the tithes. Fleetwood's case is that "whatever the complainant or his ancestors have enjoyed of the said tithes has been obtained at and by the special licence and consent of the said Fleetwood and his predecessors, parsons of Wigan, for a certain yearly rent, and that the late Earl of Derby did often acknowledge that he was tenant of the said tithes unto Fleetwood, without claiming any right of inheritance; that the complainant and his ancestors have paid a yearly rent £12 13s. 4d. unto the parsons of Wigan for the said tithes."

The decree of the court, in the matter of William, Earl of Derby, plaintiff, and Edward Fleetwood and others, defendants, was given at Easter, 43 Eliz., 1601, as follows: "Whereas upon the hearing of the matter in variance between the said parties and debating thereof in open court two several days by counsel learned of both parts, the last term before Mr. Baron Gierke and other her Majesty's commissioners of this court, it was ordered