Page:The History of the Church & Manor of Wigan part 2.djvu/77

256 deed to light (which so many men of note have seen) I hope it will returne againe.

The Earle of Darby pleads prescription for them; but first, [neither] he nor any of his ancestors were ever Lords of all Dalton, and in Law a prescription is not good for another layman's tithes unless he that prescribes, or his ancestors, have been lords of the mannor. 2ndly: In fact they have no prescription, for the Lord Lovell, who was Lord of Holland and of part of Dalton, never enjoyed these tithes; and after the Lord Lovell's attainder King Henry 7th enjoyed his lands 2 or 3 years before he gave them to Thomas, the first Earl of Darby, but King Henry 7th never received any of these tithes, as appears by his auditors' accounts wherein all Holland rents, &c, are mentioned, but no word of tithes; and the King not having them himself could not give them to others ; nor indeed doth he mention one word of tithes in his grant to the Earle of Darby; indeed Earle Thomas, the 2nd, had them to farme of the parsons of Wigan at the rent of £12 13s. 4d., which is as much as they were worth in those days, and other villages in Wigan parish were then sett out for a lesse proportion of rent. But in his son's tyme, namely, Edward Earle of Darby, he (as you see before) confess'd and yelded them to parson Stanly to be the churche's: and when parson Stanly dyed, the same Earle wrote a letter under his own hand and seal to parson Fleetwood's mother, the Lady Wingfield, desiring her to be a meanes to her son, his Godson, that he might continue farmer to the parson for these tythes, and promising to deserve it at his Godson's hands; which letter I have in my hand, and is proved in the Dutchy. After Earle Edward's death his son Henry Earle of Darby made meanes to parson Fleetwood to enjoy these tithes, whereto Mr. Fleetwood yelded, upon condition the Earle would give him £40 fine, as appears by diverse of his letters from Oxford to his proctor, Peter Nelson, and others at Wigan; but Peter Nelson took but £20 fine of the Earle, for 5 years lease, reserving the old rent, as appears by his Account Books A° 1606, which Books are proved also in the Dutchy, and