The History of the Church and Manor of Wigan/Sir Richard Kyghley

by George Thomas Orlando Bridgeman

On the 24th of March, 1534-5, Sir Richard Kyghley, clerk, was instituted to the church of Wigan, vacant by the death of Richard Langton, the last rector, on the presentation of "egregii viri domini Thome Langton, militis." He made oath that he would pay to the Dean and Chapter of Lichfield the annual pension of £20, due to them at the feasts of the Annunciation of St. Mary the Virgin and St, Michael the Archangel, according to ancient custom.^[1]

Soon afterwards, namely, by indenture of 8th April, 26 Hen. VIII. (1535), he granted and let to John Ketchyn, of Byshop Hatfeld, in the county of Hertford, gentleman, his church and parsonage of Wigan aforesaid, with all manner of lands, tenements, rents, houses, meadowes, leases, tithes, oblations, emoluments, and all other profits and commodities belonging to the said parsonage, to hold the same from the Feast of the Annunciation for five years, paying to the said Kyghley, or his assigns, £106 13s. 4d.;^[2] of which £6 13s. 4d. was the stipend to be paid to the curate who performed the ecclesiastical duties.

The value of the living is thus given in the Valor Ecclesiasticus,^[3] which was compiled in this same year (1535):

The Rectory of Wygan, in the hands of Richard Kyghley, is worth, in rents and farms, as well of free tenants as tenants at will in Wigan aforesaid, yearly	£25	0	0
Also in the rents of two watermills there, yearly	3	6	8
In tithes of corn, yearly	56	13	4
In tithes of hay, yearly	0	13	4
In tithes of lambs, wool, calves, and flax, about	3	16	8
In oblations, with other small tithes and offerings	18	0	0
In perquisites, together with the profits of markets, estimated to produce, one year with another	3	6	8
The sum total being	110	16	8
From thence [are to be deducted].
For the fee of Robert Langton, chief seneschal of Wigan, yearly	4	0	0
For the fee of Robert Hatton, bailiff of Wigan, yearly	4	0	0
For the fee of William Walton, under seneschal and clerk of the court, yearly	1	6	8
The annual pension due to the Cathedral Church of Lichfield, in the county of Stafford	20	0	0
Pence annually due to the Archdeacon of Chester for synodals and procurations	0	16	8
Total [of deductions]	30	3	4
Leaving a clear	80	13	4

We gather from the pleadings in the Duchy Court of 31 Hen. VIII. that Richard Kyghley, being unable to find security for the payment of his first fruits, had been extricated from his difficulties by John Ketchyn, a shrewd and wily lawyer, who made a good living out of church property both at Wigan and elsewhere, and who, jointly with Robert Hatton, a servant of Sir Thomas Langton, became security for him. In consideration of the assistance then rendered Kyghley rashly promised to Ketchyn a lease of his parsonage for as long a time as he should desire, but prevailed upon him in the first instance to accept of a lease for five years.^[4] This irregular and foolish engagement not only compromised his own freedom of action but entailed considerable loss upon his successors, and became the source of many subsequent lawsuits; for Ketchyn, being unsatisfied with his five years' lease, insisted upon taking one for thirty-three years; and having found means to satisfy the patron, Sir Thomas Langton, knight, whose consent was necessary to render such a lease valid, he pleaded Kyghley's promise, which he enforced by withholding payment of his rent under the former lease.

His next step was to purchase the first ensuing presentation to the benefice, which he obtained from Sir Thomas Langton on 17th October, 30 Hen. VIII., 1538, being then described as of Hatfield, in the county of Herts, gent.^[5] On the termination of the original lease, which expired on the 25th of March (the Feast of the Annunciation), 1540, parson Kyghley attempted to re-enter upon his parsonage house and lands, but was resisted by Ketchyn, who insisted upon his right to a new lease.

Parson Kyghley now lodged a bill of complaint in the Duchy Court, in which he recites the lease of 8th April, 1535, whereby he granted and let to John Ketchyn his church and parsonage of Wigan, with all manner of lands, &c., for five years, and states that the said John Ketchyn has proceeded against him concerning a surmised lease supposed to be made, by the said Richard Kyghley, of the said parsonage, for a term of 33 years, which he, the said parson, avows that he never made, neither had the said John paid the two last half-years' rent. The said parson prays that he, the said Ketchyn, may be enforced to pay the same. In answer to this bill, John Ketchyn says that all the matter contained in the surmised bill is only for the arrears of an annual rent of the parsonage of Wigan with the profits of the same, which matter is clearly determinable at the Common Law and not in this court. He therefore demands judgment, but, if compelled to make further answer, he declares that he has pursued no untrue bill against the complainant, but a just bill grounded upon a true lease made to him of the said parsonage plainly proved by "discrete and worshipfull " deponents sworn in this court. He denies being in debt for the arrears of rent, and declares himself ready to answer anything the court may deem right. In answer to this Richard Kyghley declares that John Ketchyn and Oliver Houghton, ever since the Feast of the Annunciation, have kept him out of possession of his said parsonage house. John Ketchyn, in his cross bill of complaint, states that the parsonage of Wigan and the lands appertaining thereto were leased to him for a term of 33 years at a rent of £100, besides £6 13s. 4d. to be paid to the curate of the church, and that Richard Kyghley, Rauffe Bradshaw, Esq., Robert Kyghley, servant of the said Richard, Rauff Hormeston, gent., William Nayler, James Houghton, and others did reserve and take all the profits of the "Ester boke" of the said benefice, amounting to £30; and further that, by command of the said parson, Rauff Browne of Ince, Hugh Scott, James Sherington, Nicholas Standysshe and James Dolphyn, "persons of cruell demeanor, in ryotous and forceable maner, wyth the nomber of x persons unknowen," entered the glebe lands of the said parsonage, 1st April, 31 Hen. VII. (1540), and did "forceably and rioutously convert and turne the erthe of the said glebe landys, and dothe yett kepe the possessyon" of the same, driving his beasts and cattle into the common highway. He further asserted that the said Richard Kyghley promised to seal an indenture jointly with the patron and ordinary of the said benefice, by reason of which promise the said Ketchyn made diligent suit to Sir Thomas Langton, knight, the said patron, for the sealing and delivery of the said indenture, to the said orator's "grette labour and charge." Sir Thomas Langton perceiving the parson to be content, sealed the said indenture, but when it was delivered to the said Kyghley that he might seal it as his deed, he refused to do so, and further, the said Richard declared that the said John should no longer enjoy the said lease, but should be "put out from exercising the same." In answer to this Richard Kyghley declares that the defendant's bill is untrue, and denies that he, for the assurance of the said lease, promised to seal an indenture jointly with the patron of the said benefice, or that John Ketchyn, by reason of any such promise, made suit to Sir Thomas Langton, the said patron, for the sealing and delivery of such indenture.

This is followed by another bill of complaint by Richard Kyghley, in which he recapitulates all that he had previously stated, and affirms that he made no promise to seal the said indenture, although importuned to do so by Sir Thomas Langton, John Ketchyn, and Robert Hatton. In answer to this. Sir Thomas Langton, knight, John Ketchyn and Robert Hatton state that when Sir Thomas Langton presented Richard Kyghley to the benefice of Wigan, it being necessary to obtain sureties for the first fruits, the said Robert Hatton rode to London, and being unable to find any willing to become his security, agreed to take the responsibility upon himself together with John Ketchyn; in consideration of which favour they aver that the complainant promised (as before stated) to give the said John a lease of the said parsonage for as long a term as he desired, but prevailed upon him to accept one for five years in the first instance.^[6] A commission was according issued, bearing date 28th November, 32 Hen. VIII., 1540, and directed to Sir William Leylond, knight, Sir Alexander Ratcliff, knight, John Atherton, Esq., and Andrew Barton, Esq., to enquire into the rights of the matter.^[7] The commission directed them to examine certain witnesses as to whether Richard Kyghley, parson of Wigan, Thomas Langton, knight, Robert Gardyner, William Bradshagh, and Robert Hatton were at Newton on the Tuesday next after the Feast of the Purification, 30 Hen. VIII. (1538), in the house of one Charles Baxter; also whether the said Sir Thomas commanded his tenants or farmers not to sell any manner of "vytayll" to the servants or friends of the said Kyghley; also whether the said Kyghley, his servants, farmers, tenants or friends had menaced or threatened the said Ketchyn or "otherwyse mysused hym with any suche braggery or ungentyll wordes or fascyon that the said Ketchyn durst not come thorowe the said town of Wigan onles he weyre fayne to ryde with a gretter company of men then hys owne servants." But the real object of the enquiry was to ascertain whether the lease to Kytchen had been actually agreed upon or not.

The Inquisition was held at Wigan on the 21st of April, 32 Hen. VIII. (1541);^[8] when the following witnesses were examined, namely on the part of Richard Kyghley: Charles Baxter of Newton, aged 47, charterer and tenant of Sir Thomas Langton; Hugh Bradshawe of Bykurshawe, aged 36, charterer to the King; Mawd Styrroppe of Manchester, aged 26; Gilbert Hyndley, gentleman, aged 50, charterer to the King; Robert Bolton of Abram, gent., aged 73, charterer to Sir Thomas; Henry Taylear of Wynwycke, aged 40, tenant to the parson of Wynwycke; James Sherington, Mayor of Wigan, aged 42; and Henry Byrom, Esq., aged 37: and, on behalf of John Ketchyn, Sir John Dunstere, priest at Newton Chapel, aged 31; Richard Grene of Wigan, aged 68; Thomas Maddocks, servant to Sir Thomas, aged 50; Rauffe Ryder of Newton, aged 38; Henry Dumbaven of Acton Grange, aged 50; David Pynnyngton of Halghton, aged 50; Richard Domvyle, household servant to Sir Thomas, aged 52; and Robert Lowe, aged 40.

The Inquisition occupied some time; and after the examination of all the witnesses it was ordered by the Chanceller and council that Johanna Domvell and others of the parson's friends should continue at their pleasure in the parsonage until eight days after Christmas; also that the parson of Wigan should occupy, until the Feast of the Nativity of St. John the Baptist, the barns and houses of the said parsonage where his corn and grain is stored, with liberty to thresh and carry away the same, as well as his beasts, cattle, fuel, and other things. It was further ordered that the said Ketchyn should occupy the mansion of the said parsonage until the 15th day after St. Michael the Archangel next coming, reserving two convenient chambers for the lodging of the parson and his servants, and one of the stables for the parson's geldings; that the said Ketchyn and his assigns should take all such corn as he had sown upon the glebe or demesne land of the parson; that the said parson and his assigns should have all other tithe corn and grain belonging to the said parsonage in the great barn of the said parsonage, and also that the said parson should take and have all other tithes and profits until the 15th day after the Feast of St. Michael; and then either party should stand to such further order therein as by the said Chancellor and council should be considered in that behalf.^[9]

It would appear that the contending parties afterwards came to terms; and Richard Kyghley, parson of Wigan, by an indenture bearing date 11th February, 33 Hen. VIII (1542), demised the parsonage of Wigan and all tithes, &c., to the said John Ketchyn for a term of 30 years, at a rent of £100 per annum, payable to Kyghley and his successors.^[10] But in this lease Kyghley reserved to himself and his successors, parsons of the Church of Wigan, a right of re-entry in case the rent, or any part of it, should be more than 40 days in arrear; and as the parsonage house and lands and the tithes of the several townships were afterwards sub-let by Ketchyn to many different tenants for the remainder of his lease this clause gave rise to various complications and disputes between the subsequent parsons and the respective sub-tenants under Ketchyn's leases.

When Ketchyn had secured his new lease, to which he obtained the consent of the ordinary as well as that of the patron, he resold the next presentation to the church to Sir Richard Gresham, knight, citizen and alderman of London, and Thomas White, citizen and merchant-tailor of the same, and their assigns, on the last day of February, 1542-3.^[11] He made a lease of a moiety of the tithe corn, hay, hemp, and flax of the township of Billinge, parcel of the parsonage of Wigan, to William Gerrard for a term of 29 years, and a lease of the other moiety to Thomas Gerrard, Esq., for a similar term ; and then made over all his own estate and interest in the said parsonage to Sir Thomas Langton.^[12]

In the meantime the care of the church was left entirely to the curate, and the affairs of the town became unsettled by reason of the absence of the lord of the manor.

Sir Thomas Langton, who seems to have looked upon himself as the parson's representative, busied himself much with Wigan affairs. From the time of Kyghley's institution he had "laboured hard" to be appointed steward of the manor under the parson with a fee of £4 though as baron of Newton he was in theory his superior lord; and when the parson refused to appoint him he took the office upon himself and, by himself or his deputy, acted as the parson's steward in the manorial courts. In this capacity he made himself obnoxious to the Corporation of Wigan by obstructing them in the exercise of the liberties which they claimed. In 31 Hen. VIII. (1539) a complaint was laid in the Duchy Court by the Mayor and burgesses of the town of Wigan, who say that they were accustomed to elect a Mayor yearly on the Saturday after Michaelmas Day, but that Sir Thomas Langton, knight, and Thomas Gerrard of Brynne, Esq., being confederate with Robert Worseley, Esq., John Ketchyn, gent., John Langtre, Esq., Gilbert Assheton, gent, and others, riotously disturbed the said election, and encouraged the common people to do the same, so that the said Mayor and burgesses were not able to govern the said town, being in peril of their lives, and not daring to attend to their duties; which said gentlemen, together with more than forty other riotous persons armed with "swerds, buclers, staves, daggers, and other unlefull wepons," came into the court house of the town when the Mayor and burgesses were electing the said Mayor, and having set themselves on the Bench, Sir Thomas commanded them that they should not elect a Mayor, and Thomas Gerrard said to Rauf Browne, one of the burgesses, "For all your packyng it shall not serve you." When they had departed, however, the election proceeded, and Adam Bankes was chosen to be Mayor. Sir Thomas Langton and his friends on several occasions openly declared that they would not take Bankes for Mayor, which was likely to cause great trouble and disturbance in the said town, but that the Mayor and burgesses with "all theyre wyttes and powers did circumspectly take hede thereof." Again, on the Sunday before the Feast of the Apostles Simon and Jude, the same gentlemen, with Thomas Hyton and Richard Stanley, and others to the number of 200, armed with warlike weapons, came to Wigan, and there divided themselves into companies to the "grette fere, trouble, and disturbance" of the King's subjects in Wigan; whereupon the Mayor, accompanied by the bailiffs, sergeants, and officers went to the said gentlemen, showed them the King's Charter relating to such unlawful riots, and commanded them to disperse under a penalty of £100; to which command they paid no attention whatever. The Mayor therefore departed, and on his departure Gilbert Asheton exclaimed, "Yf the Meyre come agayne here to give any more commandments he shall have hys hede full of buffetes;" after which, calling all their company together, they went to the church to mass, and from thence to the house of James Hyde, and notwithstanding that the Mayor caused a proclamation to be made at the Market Cross of the said town, they continued the said riot, and went from house to house "facyng and braggyng" from 9 o'clock in the morning until 2 o'clock in the afternoon.

"The names of the riotous persons whiche came to Wigan upon the Sonday next afore the fest of the Apostles Simon and Jude."

Wm. Gerarde, gent.
Gilbert Assheton, gent.
Alexander Worseley, gent.
Rich. Stanley, gent.
John Gerarde, jun., gent.
Thos. Taliour, gent.
Adam Hyndley, gent.
Rich. Assheton, gent.
Thos. Hyton, gent.
Geffrey Byrchall.
John Byrchall of Pemberton.
Humphrey Nayler.
Robt Gorse.
John Byrchall of Assheton.
Robt. Rasbothom.
Gawan Atherton.
John Sadon.
Matth. Byrchall.
Olyver Orell.
James Whytyll.
Thos. Hoghton.
Oliver Eyes.
Roger Hassyldeyne.
Matth. Plat.
Robt. Browne.
Olyver Laythwayt.
Edw. Plat.
Thos. Smythe.
Gilbert Hyndley, jun.
John Hyndley.
Robt. Lawe.
Gilbert Lawe.
Seth Downall.
Raufe Taliour.
John Nayler.
Peres Wynstanley.
Humphrey Wynstanley.
Edm. Bury.
Gilbert Ascrofte.
James Lawe, jun.
Nich. Leche.
Robt. Straunge.
John Assheton.
Robt. Slynehed.

John Herte.
Raufe Vance.
Raufe Nayler.
Henry Gorse.
John Nyghtgale.
Adam Whytyll.
Thurstan Walshe.
Raufe Culchett.
Wm. Orell.
James Assheton.
James Leche.
Humphr. Locker
Olyver Legh.
Hugh Dyke.
Thos. Grymshagh.
Brian Molyneux.
Hugh Assheton.
Roger Kylner.
Raufe Hyndley.
Nich. Lawe.
Huan Lawe.
Humphr. Plat.
Alex. Worthyngton.
James Higham.
Edm. Wynstanley.
Hugh Wakefelde.
Wm. Wynstanley.
Arthur Rylance.
Humphr. Bury.
James Molyneux, jun.
Roger Raynford.
Robt. Wynstanley.
Lawrence Fayrclogh.
Rich. Mershe.
Bryan Fayrhurst.
John Wynstanley, sen.
Humphr. Orell.
Hugh Barton.
James Smethurst.
Thos. Orell, jun.
Laur. Cartwryght.
John Legh.
Roger Fayrbrother.
Robt. Rylance.

and others to the number of 200 persons and above.

"These be the riotouse persons of Wygan whiche accompanyed theymself withe Wm. Gerarde (Gerrard) and his company on the Sonday next afore the fest of the Apostles Symon & Jude."

Robt Bullocke.
Gilbert Baron.
Gilbert Browkesmowthe.

Robt. Barowe.
Laur. Brokesmowthe.
Rich. Shagh.

A commission from the King, dated 12th November, 31 Hen. VIII. (1539) was given to Edward Earl of Derby, commanding him to hold a court for the purpose of enquiring into the said riot; and a court was accordingly held on the following 16th December for the aforesaid purpose, recognizances having been taken that Langton, Gerrard, and others should keep the peace.^[13]

In giving his evidence. Sir Thomas Langton acknowledged that parson Kyghley had made no writing to him of the stewardship of the manor, but he asserted that when he made him parson of Wigan about 5 years since, in that same year he had been content that he, the said Sir Thomas, should occupy the post of steward to the parson as he had done to others his predecessors before. He said "he never knew but that one, as a surmise may, hath occupied as Mayor of the said town, and in likewise a surmised servant hath occupied as his servant, and both without any authority to his knowledge." He also acknowledged that the same parson (Kyghley) did not command either him or the said Thomas Gerrard, his deputy, to come there (to the said election), but he says that he and the said Thomas Gerrard came as in the parson's right as his steward, and in the name of the parson required and desired Lawrence Sherington and others, inhabitants of Wigan, to be content to use their liberties, according to the grant, for lawful election.

Thomas Gerrard said he believed that the election of the Mayor of Wigan belonged to the parson of Wigan or his steward.

Leland, the Antiquary, whose travels throughout the country extended from about 1536 to 1542,^[14] thus describes the town of Wigan at this period : "Wigan pavid, as bigge as Warington' and better buildid. There is one Paroch Chirch amidde the Towne, summe Marchauntes, sum Artificers, sum Fermers. Mr. Bradeshau hath a place caullid Hawe a Myle from Wigan; He hath founde moche Canel like se Coole in his Grounde very profitable to hym; and Gerade of Ynse dwellith in that Paroch,"^[15] The Wigan market at that time appears to have occupied a different position to that which it occupied until within the last few years, for he says "Dugles Ryver cumming by Wigan Market goith into the Se by hit self toward Latham."^[16] At this time there were but twelve parish churches in Darbyshire (West Derby), but they were large.^[17] Richard Kyghley, parson of Wigan, died in the year 1543.^[18]

1. Lichfield Diocesan Register, quoted from Notitia Cestriensis, vol. ii. p. 245.
2. Duchy of Lancaster Pleadings, 31 Hen. VIII., vol. ix. K. No. 3.
3. Vol. V. p. 220.
4. Duchy of Lancaster Pleadings, 31 Hen. VIII., vol ix. K. No. 3.
5. Lichfield Diocesan Regisfer. The ancestors of John Ketchyn (whose name is variously written as Ketchyn, Kechyn, Kychyn, and Kitchen) are believed to have been tenants of the Abbot and Convent of Cokersand. Being trained to the study of the law John Ketchyn became supervisor of the Court of Augmentation, London, during its brief existence, and in 35 Hen. VIII., 1543, he purchased the dissolved Abbey of Cokersand, its site and some of its lands. As John Ketchyn, Esquire, he was nominated, on 13th February, 37 Hen. VIII. (1545-6) one of the Commissioners for the county of Lancaster to enquire into the history and value of the chantries, hospitals, colleges, free chapels, gilds, fraternities and brotherhoods, which had been dissolved by Act of Parliament and given into the King's hands, and to make a return therein to the King; his fellow-commissioners being John (Bird), Bishop of Chester, Sir Thomas Holcroft, knight, John Holcroft, Esq., Robert Tatton, Esq., and James Rokeby, Esq. Ketchyn afterwards settled at Pilling Hall, in the parish of Garstang, and became member of parliament for the county of Lancaster in the first parliament of Edward VI. (History of Chantries in the county palatine of Lancaster, Chetham Tract, lix. pp. I & 2 note).
6. Duchy of Lancaster Pleadings, 31 Hen. VIII., vol. ix. K. No. 3.
7. Ibid., 32 Hen. VIII., vol. xxviii. K. No. I.
8. King Hen. VII. died on the 21st of April, but the regnal year of Hen. VIII. was not reckoned to begin on that day but on 22nd April (Nicolas' Chronology.)
9. Duchy of Lancaster Pleadings, 32 Hen. VIII., vol. xxviii. K. No. 1.
10. Duchy of Lancaster Pleadings, 1 Mary, vol vi. S. No. 1.
11. Chester Diocesan Register.
12. Duchy of Lancaster Pleadings, 1 Mary, vol vi. S. No. 1.
13. Duchy of Lancaster Pleadings, 31 Hen. VIII., vol xxx. W. No. 2.
14. Folkard's Journey round the Reference Library (Wigan), p. 375.
15. Leland's Itinerary (vol. vii. fol. 56, by Thomas Hearne), 3rd ed. Oxford, 1769, vol. iii. p. 47.
16. Ibid, p. 48.
17. Ibid. In speaking of Liverpool he says "Lyrpole, alias Lyverpoole, a pavid Towne hath but a Chapel. Walton a iiii Miles of not far from the Se is Paroche Chirche"; and he describes Warrington as a better market than Manchester (ib. p. 47).
18. Kyghley's curate at this time was Sir Rauf Scott. The following names were returned at a visitation, shortly before Kyghley's death, as serving in the parish of Wigan: D'ns Rad'us Scotte, cur' conduct per dn'm Ric'um Kyghley, rect'; D'ns Henricus grange, stipendarius Rob'ti longton ; D'ns Hugo Cokson conduct' per Thoma' gerrard armig'um; D'ns gilb'tus aspull. (Piccope's MSS. x. lately altered to xiii.; Raines' MSS. vol. xxii). It will probably have been early in the year 1550 after the death of John Herbert, the next incumbent, that the following names of the Wigan clergy were returned at a visitation held by John [Birde] bishop of Chester; Mr. . . . D'ns Rad'us Stotte (Scotte), D'ns Will'us Astleye, D'ns Hugh Cokson cant', D'ns Joannes Gerrard, D'ns Gilb'tus aspull, Dn's Thomas Barne, D'ns Henricus Grange, D'ns Mattheus Heye (Piccope and Raines' MSS. as before). Bishop John Birde, the first bishop of Chester, made his profession of obedience to the archbishop of York in 1542, and was deprived by Queen Mary in 1554. The omission of a rector's name would seem to imply that the benefice was then vacant. Hugh Cokson paid his first fruits on his institution to the Bradshaw Chapel 10th May, 36 Hen. VIII. (1544), of which chapel he was returned as chantry priest in 37 Henry VIII. (1545-6) when the chantries were suppressed and their revenues granted by parliament to the King. He was living and in receipt of a pension in 1553, but it is not likely that he would be described as chantry priest at that time.