Page:The History of the Church & Manor of Wigan part 2.djvu/74

Rh tithes of Ince for the yearly rent of £4 by him to be paid to the parson of Wigan, doth offer and promise to the said bishop that he, the said Thomas, shall make good and sufficient proofe for his right to the said tithes unto Humfrey Davenport of Manchester, and Edmund Breres of Preston, Esquires, before the first day of February next ensuing; and because the same Thomas doth further promise and offer to refer all his title and interest in the said tithes to be heard and fully determined by the said Mr. Davenport and Mr. Breres, being indifferently retained on both sides, and is content that what end the said Mr. Davenport and Mr. Breres shall make he and his heirs and assignes will ratify and confirme; therefore he, the said bishop, at the request of Sir Thomas Gerrard of the Brin, knight and baronet, and Mr. Peter Orrell of Aspull, is contented and doth promise that if it be concluded by the said Mr. Davenport and Mr. Breres that Mr. Tho. Gerrard hath better right to the said tithes than the parson of Wigan, he the said bishop will restore the said tithes which he hath or shall gather this year, or the full value thereof to the said Tho. Gerrard or his assignes. In witness whereof hereto have subscribed
 * Jo: Cestren.
 * Tho: Gerard.
 * Peter Orrell."

On the following day, 23rd September, 1619, Thomas Gerard of Ince, Esq., in the presence of Mr. Aden, vicar of Prescot, and young Sir Thomas Gerard, yielded that the bishop should quietly take home so much of the corn of Ince as he could without Mr. Gerard's interruption, but he would not disclaim his title thereto, and he allowed the foresaid promises made in his name by old Sir Thomas Gerard and Mr. Orrell. The reference here spoken of does not seem to have been acted upon, and the dispute went on for about six years, the parson continuing to take what he could obtain. After which Thomas Gerard, Esq., laid his complaint in the Duchy court, and on making oath of his long possession got an award in his favour; and on the last day of