was shewen me when as all this evidence in such an action could doe no good; but it will in future tymes be thought that certynly the Earle showed good cardes ; otherwise this had not passed on his syde. Whereto I say, that the Earle's chiefest proofs were only a company of his Tenants, who deposed that he had enjoyed and possessed them during all their remembrance; and also he shewed some few acquittances of parson Fleetwood and parson Stanly for the rent of £12 13s. 4d.; but none before parson Stanlye's tyme. And lastly, to prove that Dalton mannor was his Ancestor's, he produced 2 or 3 Court Roles of Robert Holland (if I mistake not) in Edward 3ds tyme, stiled Cur. manerii de Dalton tent, per Robt Holl. &c., but whether he were the sole lord thereof it appears not, or whether he then had these tithes, or whether any of his posterity had them down to Henry 7th, ne verbum quidem: and I find that Dalton was antiently devided among 4 lords, hereof one was the priory of Burscough. As for the Earles of Darby they never had but only one 4th part thereof, yet all these 4 lords called themselves lords thereof, and sometymes kept courts all jointly and sometymes severally."[1] The tithes of Upholland and Dalton never appear to have been afterwards challenged by the parsons of Wigan, and the same prescription for them is paid to this day. The corn tithes of Upholland were sold by Edward, 12th Earl of Derby, in 1782, to Mr. John Morris, his heirs and assigns, and those of Dalton were sold about the same time to Mr. Prescott of Dalton, with whose respective heirs or assigns they still remain. The respective prescriptions paid to the rector of Wigan for the corn tithes of these two townships are — for Upholland, £8 8s. 10½d., and for Dalton, £4 4s. 5½d., making together £12 13s. 4d., or nineteen marks. There are certain lands in the townships of Upholland, Dalton, and Orrell, amounting in all to 392 acres, two roods, and one pole, of statute measure, which are entirely exempt from all tithes, great and small,
- ↑ Wigan Leger, fol. 72, 73.
