Page:The History of the Church & Manor of Wigan part 2.djvu/30

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210
History of the Church and Manor of Wigan.

being a toft a quarter of an acre in quantity, doth truly belong unto me and my church as a tenement at will, but did question whether the remainder thereof were mine or his, and yet they were content the 27th of August, 1618, to give over the possession unto my church as well of that part of the said close wch was in question as of that part wch they confess to be myne; and thereupon I tooke all the profitts of the same close unto me, and had the hay thereof brought into my barne the same summer, 1618; yet now John Fayrbrother hath since disturbed my possession and this present summer hath taken away the hay of that part of the close wch was formerly in question, whereupon sute is likely to arise for the same; therefore this day the said Mr. Thomas Gerard, from whose father the said Fayrbrother had a lease thereof, and Francis Sedon, to whom the said Fayrbrother had morgaged the said lease, together with the said Fayrbrother, did all three come to me to the hall of Wigan, and offer to me the full and free and quiet possession of all the said close, both of that part which they did make claym unto, and of that toft or part wch they acknowledge to be my tenement at will; and they are content I shall have and hold the same in the right of my church of Wigan, and dispose of it at my pleasure, and they promise never to disturb my churche's possession againe. And I doe also promise that if within these six monthes they can make any good and sufficient proofes unto me before Mr. Edward Breres and Mr. Humfrey Davenport, Lawyers, for the inheritance of that part so questioned, this their delay of possession shall not prejudice their right to the said part wch they doe chalenge, but they shall have liberty to sue for the inheritance thereof. In witnesse of all which premisses wee all of us have subscribed this vith day of October, 1619.

Jo: Cestrien.
Thomas Gerarde.

Presentibus

Peter White.
Peter Orrell.
Will. Browne.
Alexander Buckley.