A Case Concerning the Buying of Bishops Land, Part 2 · Certificate 1 – Certificate 2
To the Right Honourable the Lords and Commons for removing of Obſtructions in the Sale of Biſhops Lands.The Contractors 2. Certif. Mar. 7. 1648. The Humble Certificate of the Contractors for the ſale of the ſaid Lands.
IN purſuance of your Honours Order of the 27 of February laſt, touching VVells, we do humbly certifie as followeth:
In the firſt Particular, the things brought in amount to 25 l. 03 s. 04 d. per annum.
The things in the Survey valued and contained in that Particular, do make up that ſum. Which things are theſe, viz.
The Royalty of VVells-Forum, within which are two Fairs, to wit, of Priddy and Binnegar, valued in the Survey, at the yeerly ſum of 01 l. 10 s. 00 d.
The Collection of certain Poſt-fines and Amercements iſſuing out of the Exchequer, called the Green-wax, within the Liberty of the ſaid Biſhop, valued at the yeerly ſum of 10 l. 00 l. 00 l.
The Leets or Law-days within the City of VVells, and every week a Court of Record, and every three weeks a three weeken-Court, valued in the Survey at the yeerly ſum of 08 l. 00 l. 00 l.
The four Fairs in VVells (the Profits whereof go to the Bayliff for three lives yet in being) valued at the ſum of 05 l. 13 s. 04 d.
The whole ſum for this Purchaſe at 20 yeers for the 19 l. 10 s. in poſſeſſion, and for 5 l. 13 s. 4 d. after 3 lives, at four yeers purchaſe, amounts in all to 412 l. 13 s. 04 d.
But we certifie, that the Hundred was included in the nineteen pounds ten ſhillings per annum in poſſeſſion. And that the Markets were thruſt into the firſt Particular, as valued under the five pounds ten ſhillings four pence for the Fairs in VVells; which we now find to be a miſtake, and ſurprize. The ſaid Markets were ſevered from the Fairs, in the Survey, and not valued, though valuable.
VVe alſo certifie, that being informed by Casbeard that the Baylywick contained nothing more then is comprehended in the Particulars here above ſpecified (unleſs what is made out of the Bayliffs labour) upon that ground only, we did admit the Baylywick to be put into the ſaid Contract; wherein we alſo find our ſelves miſtaken, and ſurprized, it being of greater value and extent.
VVe did likewiſe intend to ſell to the ſaid Town, all VVaives and Strays, Felons goods, &c. (as in the Survey) within the ſaid Town, and Forum, belonging to the ſaid Town or Burrough, and Forum only, And the VVays and Streets mentioned in the ſaid Particular, were no otherwiſe intended by us to be ſold unto them, but in reference to the Fairs, and Market place only.
As for the Guild-Hall and Priſon, we neither did, nor could intend to ſell theſe unto them, they being not at all in the Particular, by which we contracted with the Town. And how they came in afterwards, we do not know, they being not then returned in the Survey.
Other then the Particulars hereabove ſpecified, we never intended by any words general or ſpecial, to ſell them any thing (although within the ſaid Town of VVells, or Hundred of VVells and VVells-Forum.) Nor do we know that thoſe things are any part of the Mannor of VVells; of which, or of any other Mannor, we never meant to ſell them any thing. Only we intended that, as on the one ſide the Corporation ſhould be free from the Lord of the Mannor; ſo, on the other ſide, that they ſhould have nothing to do with the ſaid Lord, or with any of his Tenants, or with his or their Poſſeſſions, by way of Juriſdiction over him or them, by vertue of their ſaid Purchaſe.
Gurny-Houſe, 7 Mar. 1648. VVill. Roberts. Ti. Middleton. Rob. Fenwick. Ja. Ruſſel. John Blackwel. Rich. Turner. Thomas Ayres.
This being certified, It was Ordered that a Sub-Committee ſhould draw up a Report of the whole buſineſs, to be by that Committee Reported to the Parliament, in caſe the Town of Wells, (ſome of them confeſſing the truth of that Certificate) ſhould not forthwith relinquiſh and reconvey the reſidue unduly thruſt into their Conveyance. And then the ſaid Contractors, and Committee of Parliament preſſed Dr Burges to go on with the purchaſe of the Mannor of Wells; vvhichwhich he accordingly did. For on the 16 of March then inſtant, he contracted for the Mannor of Wells, and for whatever elſe was then unſold that belonged to the late Biſhop of Bath and VVells in or about VVells, in right of his ſaid Biſhoprick.
But before the Contract was ſigned, Colonel Web came to the Contractors with a Meſſage from the Truſtees, to deſ re them to beware what they did in ſelling the Mannor of Wells, and what elſe was the Biſhops there; for that thoſe Truſtees were informed that there were divers things belonging to the ſaid Biſhop in and about Wells, that were not ſurveyed. Doctor Burges then deſired him to inſtance what thoſe things were; but none could be given. Whereupon the Doctor, having before met with ſome, &c. that, ſo ſoon as they heard he was about that purchaſe, ſought to deter him from it, he took it to be ſome Artifice of theirs, to hinder his preſent proceeding. Therefore he firſt appealed to the Contractors and Regiſter, whether they could upon a bare ſuggeſtion, refuſe to ſign a Contract made according to Ordinance of Parliament? They anſwered, No.
Doctor Burges then offered, that, whereas divers purchaſes of ſeveral things in and about Wells, had been made before his, if the Contractors would engage to allow him a Repriſe for whatever ſhould appear to be ſold before, or not to be part of the premiſes for which he now Contracted, he would enter an engagement to them to pay for whatever more than was then Surveyed, ſhould be after (within a fixed time then to be agreed upon) diſcovered, according to the rates at the Contract agreed upon. Provided he might have his Conveyance in ſuch comprehenſive words, as might take in all, without a new Deed of purchaſe. The Contractors conſented, and ſet ſix Moneths for the time of diſcovery. Dr Burges then ſigned the Contract, with this clauſe in it. On the 19 of that MonethMonth, the Contractors ſigned the Contract, which was to be abſolute, according to the Particular, therefore they took no notice therein of this Agreement. Yet, for diſcharge of their Truſt, they after certified it to the Truſtees, and gave the Doctor a Duplicate thereof, ſubſcribed with their own hands, in theſe words:
WE the Contractors vvhoſe names are ſubſcribed, do hereby Certifie, That we have taken an engagement of Dr Burges purchaſer of the Mannor of Wells in the County of Somerſet, under his hand, That in caſe any other Land, Tenements, Rents, or hereditaments ſhall vvithin ſix Moneths, to be accounted from the 16 day of March inſtant, be diſcovered, which may poſſibly paſs by the general words contained in his Particular, albeit not compriſed or mentioned in any of the ſurveys; The ſaid Doctor ſhall pay for the ſame at ſuch proportionable rates as he hath Contracted for other the premiſes. With whom alſo we have agreed, that a Repriſe ſhall be allowed to him, according to ſuch proportionable rates, for whatſoever Lands, Tenements, Rents, or Hereditaments mentioned in any of the ſaid ſurveys, which at any time hereafter ſhall appear either to be already ſold, or not to be parcel of the premiſes by the ſaid Doctor Contracted for, Witneſs our hands this 23 of March 1648.
VVilliam Roberts, Rob. Fenwick, VVill. Methwold, Ti. Middleton, Tho. Ayres, Ja. Ruſſel, John Blackwell.
This Certificate being tranſmitted to the Truſtees, the next day the Truſtees ſealed unto Doctor Burges a Conveyance of the Mannor of Wells, with the Rights, Members and Appurtenances thereof in the County of Somerſet. And alſo all Rents of Aſſiſe, free Rents, cuſtomary Rents, or Copy-hold Rents, Rents ſeek, Rents ſervice, Fee-Farm Rents and other Rents and yeerly ſums of money whatſoever, to the ſaid Mannor and Burough of Wells or either of them belonging or appertaining, &c. And alſo all and ſingular, the Meſſuages, Cottages, Tofts, Croffs, Mills, Houſes, Edifices, buildings Orchards, Gardens, &c. to the ſaid Mannor and premiſes, or any of them, or to any part or parcel of them or any of them belonging or appertaining. OR VVHICHWHICH the late Biſhop of Bath and VVells, or any his Predeceſſors in right of the ſaid Biſhoprick at any time within Ten yeers before the beginning of this Parliament, or ſithence, had, held, or enjoyed, or ought to have held or enjoyed WITHIN the ſaid Mannor and premiſes, or any of them.
And this they might very well do (authorized thereunto by the Contractors Warrant of March 19. 1648.) for that the Doctor had voluntarily entred into the engagement aboveſaid, never put upon any other Purchaſer, albeit their Conveyances ran in General words, as his did.
While this was a doing, Colonel Harvie by Order (as aforeſaid) drew up the State of the whole buſineſs between the Corporation and the Contractors, to be after Reported to the Parliament (if need rerequired) as followeth: