Page:The History of the Church & Manor of Wigan part 1.djvu/157

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History of the Church and Manor of Wigan.
145

certain persons as to the occupation of the said mill, and, the same being committed to the hearing of Edmund Winstanley, "stuard" of the complainant, it was agreed that, in consideration of the sum of 40s. to the said Edmund in hand paid by the defendant, he should hold and enjoy the said mill during the time that the complainant should be parson of Wigan; that the complainant fully agreed to this and appointed the defendant to make certain reparations on the said mill, which were done, to the value of 20 marks and above.[1]

The only decrees or orders with reference to this case that I can find are the two following; one of which was made in Trinity Term, 26 Eliz., 1584, in the matter of Edward Fleetwood, plaintiff, and Pennington and others, defendants, in which it is ordered that the said complainant may amend his bill as touching the usual suggestion for the maintenance of the jurisdiction of this court only, and also it is ordered that, forasmuch as Thomas Pennington, one of the said defendants hath in his answer disclaimed to the mill in variance, he, the said Thomas Pennington and his assigns, shall forthwith depart from the possession and occupation of the same, and as touching Robert Pennington, one other of the defendants, against whom an attachment was heretofore awarded calling upon him to make answer to the same bill, but who hath made no such answer, it is further ordered that if he do not, either by dedimus potestatem or otherwise, answer the said bill at or before Michaelmas next coming, then the said Robert to leave the occupation of the same mill until he shall have made a good and perfect answer to the said bill.[2]

The other decree was given in Hilary Term. 27 Eliz., February, 1584-5, in the matter of Edward Fleetwood, plaintiff, versus Langshaw and others, defendants. Upon the hearing of the

  1. Duchy of Lancaster Pleadings, temp. Eliz., vol. lxxxv. F. No. 3.
  2. Duchy of Lancaster Draft Decrees and Orders, Trinity 36 Eliz., July, 1584, Division 5 & 6.