Page:The History of the Church & Manor of Wigan part 1.djvu/170

clay and stone, it is ordered that the defendants and their successors may dig clay and stone as they have used to do, saving that the ways are to be amended in as short time as convenient, and that the moat^[1] of the plaintiff shall be amended by the defendants if it have received any hurt. Touching the fairs and markets^[2] and the profits of the same it is ordered that the same may or shall be kept and taken by the defendants and their successors, saving that as touching toll stallage and such like it is ordered that the said defendants and their successors shall not take any greater toll upon the tenants of the plaintiff than heretofore hath been accustomed, and a commission is this day awarded to Edward Challinor, now Mayor of Wigan, Richard Molyneux of Hawkeley, gentleman, John Wrightington, Esq., and William Leighe parson of Standishe, authorising them thereby to apportion such rents as are in arrear to the plaintiff, which being done the defendants have assented that all arrearage of such rents shall be satisfied to the plaintiff and to do their best for the quiet payment thereof hereafter. Dated 27th November, 1596.^[3]

After this Fleetwood had several other lawsuits for the recovery of his lands and tithes. By a bill of 16th November, 1598, he complains that being seised, as parson of Wigan, of the manor of Wigan, with the rights and appurtenances thereof and of and in the demesne lands of the said manor (of which one close or meadow ground near the town of Wigan is part) and of divers messuages, burgages, shops, lands and tenements situate in Wigan as belonging to the said manor, and of one messuage with appurtenances in Wigan of the yearly value of 30s., and of one butcher's shop under the Moot hall of the yearly rent of 5s. now or late in the tenure of James Hyde,—the said James Hyde, Roger Ryecroft

1. There was formerly a moat round the old Hall at Wigan, which was only filled up about the beginning of the present century.
2. The decision affecting the markets and affairs was modified by another decision given about 20 years later.
3. Duchy of Lancaster Draft Decrees and Orders, 38 & 39 Eliz., vol. xxi. fo. 700.