Page:The History of the Church & Manor of Wigan part 1.djvu/52

 from Ralph to Edmund as son and heir; from Edmund, because he died without heir of his body, to Hugh as brother and heir; from Hugh, because he died without heir of his body, to Jordan as brother and heir; from Jordan to Ralph; and from Ralph to William, who now demands; and he offers suit and proof. denied, &c., and said, Sir, whereas they demand against us the advowson of the chapel of Wygan, we say that we hold the advowson of the Church of Wygan, which church has the rights of sepulture and baptism ; and we say that there is no other chapel; therefore if he will admit this we pray judgment of the writ ; or if he will say that there is another chapel, then we cannot be certified of that without a view, and we pray the view, &c., if we may have it. — There is no other chapel in the town of Wygan but this, whereof they ought not to have the view. And, on the other hand, although they call it the mother church, or by any other name, we now say that it was a chapel in the time of our ancestor, as we have counted, &c. —Sir, the writ states,— "Command, &c., that he yield up the advowson of the chapel &c." Therefore we say that he cannot yield up the chapel &c., for we say that he is not tenant of a chapel &c., but he is tenant of the advowson of a church &c., to which clerks were presented in the time of King Henry, and in the time of the King that now is, as to a church ; therefore we cannot be certified unless by the view whether he demands this church, or whether he means to say that there is another chapel. But it would be different if he demanded against us the advowson of a church, and there were only one church in the town, for then we should not have the view, but in the present case the view is necessary, for otherwise perhaps we should lose our voucher. —It was a chapel in the time of our ancestor, and we have offered suit and proof, and he answers not. —Sir, John cannot yield up the advowson of a chapel, for we say that this is a church, &c, and not a chapel ; and this we will aver. —As before. —From their demand, and from our plea two things