and his successors and also tendering the common good of the said towne . . . . . . . . . . . . . his brethren tutching the matters of his right in the premisses and hath yielded him . . . . . . . . . . . . . . said Maior and burgesses wold in no wise concent but utterly refuse . . . . . . . . . . . . . . dealing with your said orator contrary to all lawe righte equitie . . . . . . . . . . . beggaringe of the inhabitants of the same . . . . . . . . . . . . . . . the watercourse of one water . . . . . . . . . . . . of their comon course and channell into his . . . . . . . . . . . . . . . . . milne belonging unto and beinge parcell . . . . . . . . . . . . . . . . . many times in most gentle and frendlie . . . . . . . . . . . . . likewise also William Lathwait, baliffe, William . . . . . . . . . . . Myles Gerrard of Ince gent and . . . . . . . . . . . . . . . . suffer your said orator and his undertenants . . . . . . . . . . . . . . thereof to take the rents,"[1] &c.
The remainder of the membrane is so utterly disconnected and vague that it would be useless to attempt to transcribe it.
It is probable that a commission was issued to enquire into the matter; and the pretensions of the Mayor and burgesses may be guessed by the replication of Fleetwood to the answers of Francis Sherington and others. The case of the defendants will have been strengthened by several years' possession and by the influence and authority of the aldermen, who, being hereditary burgesses as holding burgages within the town, had probably been chosen with a view to this controversy, and whose rank and position in the neighbourhood would have naturally had much weight with a local commission. The complainant's replication is as follows:
"Whereas the defendants say that there are annually elected a Mayor, two bailiffs and sundry burgesses, for the town and borough of Wigan, the present aldermen being the Earl
- ↑ Duchy of Lancaster Pleadings [Eliz.] vol. cxxxiii. F. No. 8.
