in the belly with a dangerous thrust of a fork an inch into the belly, cut his finger, &c.; whereupon a writ was issued out of the crown office against Fayrbrother to bind him to his good behaviour, which writ was directed to the chancellor of the Duchy, who sealed another writ to the sheriff of Lancaster, but the bailiff told Fayrbrother of it, so he fled away. Hereupon Dr. Bridgeman made a lease of his toft to Alexander Buckley, and made Mr. Edward Tempest and William Wicksteed his attorneys to give him livery and seizin thereof, which they did on the ground on the 9th of January following, 1617-18.
Fayrbrother turned up again after a time, and now disputed the right of possession to a portion of the croft; and Dr. Bridgeman records that on 23rd September, 1619 (that is after he was made bishop of Chester), he went to Ince, and from thence, accompanied by young Sir Thomas Gerard and Thomas Gerard of Ince, Esq., to Fayrbrother's toft, where, in the presence of Henry Reynolds and others, the said Thomas Gerard, Esq., asked of divers old men, neighbours, if they ever knew any boundaries or marks distinguishing that piece which he (Dr. Bridgeman) had in that close from that other part which he and Fayrbrother claim therein; they answered, no; whereupon Mr. Gerard concluded that he (Dr. Bridgeman) should have all that close. But the controversy did not end here, as appears by the following entry in the Wigan Leger of 6th October, 1619:
"Whereas there hath been a controversy between me John, bishop of Chester, as parson of Wigan, and Thomas Gerard of Ince, Esq., about a close of ground lying in Scoles, near adjoining to the house wherein John Fayrbrother now dwelleth, all wch close, being about a quarter of an acre, or a very little more, I doe claym to belong to my church, and to have been held by the said Fayrbrother and Mr. Gerard or some others but as tenants at will to the parson of Wigan; and whereas Mr. Thomas Gerard and Fayrbrother doe confesse that one part thereof,
- Wigan Leger, fel. 12.
- Ibid. fol. 29
- Ibid. fol. 33