Page:The History of the Church & Manor of Wigan part 2.djvu/69

248 of Roger Mather for his three tofts, 3s. 4d.of James Marsh for two tofts, 2s.; of Alice Ford for her house, &c., 1s. 4d.; of [Richard] Winckly Richard Winckley's "house and tofts were seized into the parson's hands on 4th January, 1619-20, because he, being a tenant at will to the parson, as his rentals shew, did turn tenant to Adam Banks (who, under colour of a fraudulent purchase which he pretends to have made from the Baron of Newton, Sir Thomas Langton, goes about to deceive the church of these tenements), and, on submission of the said Richard Winckley, who now turns tenant to the parson, he was re-admitted on the same day." Richard Winckley died in 1621 (he was buried on 11th July of that year), and Adam Banks then craftily obtained possession as appears by the following memorandum in the Wigan Leger (fol. 61, 62): "I caused Adam Banks, Sibill Winckly, late wife of old Richard Winckly, and her son, and one William Miller, a pewterer, to be indicted at the open sessions for a forceable entry on a messuage and two tofts, and on a cottage adjoining, which stands on my wast. The cause was this: old Winckly held that messuage and two toft of me as parson of Wigan, and as my tenant at will, and did acknowledge the same in his lifetime to me and diveise others, viz., to Lawrence Prescot, &c., and although he had a while before absented himself, yet being called on at last he came and subscribed amongst my tenants at will in the presence of my son, Orlando, and William Brown; besides a jury of burgesses at a Court Baron (whereof Robert Barrow, late mayor, was one) found upon full hearing of the cause that he was my tenant at will for the premises, as appears by the record of the Court, and especially in my great folio book which my steward, Richard Walton, keeps; for because I saw that Adam Banks began to make title to this messuage I proposed it in a full assembly of the Town at a Court Baron, and he brought forth all his evidence and proofs, but it appeared to them by my rentals for about 60 years together that the parsons had received rent for the premises in his rentals as tenant at will, and that whereas a burgage pays yearly if it be a freehold but 12d. for a house and five roods, this messuage and two tofts, not being two roods, yet had always paid 2s. yearly, whereupon, as also [upon] the confession of the tenant himself and other proofe, the jury found as aforesaid. Yet when old Winckly died this present year, as his wife was attending his corps to the funerall, Adam Banks craftily got into the house (calling out a woman that was in it as if he would have spoken with her and sent her in an errand), and so kept the poor widow out of possession until she had secured him to turn tenant to him and to keep possession for him; but when I sent for her and perceived that she would not become my tenant, being, as she said, tied to Banks and threatened by him, thereupon I indicted him this sessions, and the cause was openly heard before the justices and jury at the Bench, and the bill found and restitution awarded me. The like was found for the cottage which he had built near it in part of the big highway, for it was proved by oath of old Orrell, the belfounder, that it stood on the wast, and he deposed he knew it to be part of the highway when it was taken in, and some sets planted there to make hedge for a little garden to Winckly's house, within these 40 years, as Lawrence Prescot also and others can witness. Mr. Sparkes, the under Sheriffe, sent his deputy, Mr. Nield, with a writ, &c., to remove the force out of the said house and to take and deliver to me or my assignes possession thereof; and accordingly I assigned my servant, William Brown, of Marketsteed, gent, to receive the possession from the Sheriffe*s deputy, who removed Widow Winckly and her son, &c. out of the said house, and out of the cottage adjoining, and out of both the tofts, and put my said servant in possession thereof, delivering the key to Wm. Brown, who brought it to me; and after I had kept it a while I delivered it to Deodatus Paulet, paynter, to keep it for me; and because the widow was very sorrowfull for that she had not delivered me possession, and was now destitute of a house and proffered security for her faythfiill tenancye to my church hereafter if I would restore her againe, I have taken pitty of her and doe intend that she shall att length have the house agayne, but because I will for a while possesse my church thereof, I have required her to gett her another lodging for a week or two, and then I doe purpose to take her againe to be my Tenant therein. So now she is departed home and doth lodge in another house above in the same street, where Mr. Wakefield lately dyed. Jo. Costren." (Wigan Leger, fol. 61.) "23rd October, 1621 — Upon the humble submission of the said Sibill Winckly and her son, who have promised (and bound themselves to me in a £00 bond with Deodatus Paulet their surety) to be ever true tenant to me and my successors parsons of Wigan, and never to leave the possession to any other than the parsons of Wigan (for the time being), I doe now deliver her the key of the said house and admitt her to my said tenement as my tenant at will, and have imposed on her 4d. yearly rent (over and above the 2s. formerly paid) in token that she is my tenant at will, and have taken her acknowledgment hereto under her hand among my tenants at will Jo. Cestren. Witness Ra. Brereton
 * Ralph Collingwood." (fol. 62). for house and two tofts, 2s.; of the butchers

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