A Case Concerning the Buying of Bishops Land, Part 2 · Warrant
THE SECOND PART, Declaring The Differences between Dr. Burges and the Corporation of Wells, With The Neceſsity thereof, on his part.
DOctor Burges is not (in common repute) ſo weak, as not to apprehend the great diſadvantage which a ſingle man hath in encountring a Corporation, wherein there are ever ſome Spirits that pretend to ſee further into, and to be more zealous of the good of that Community, than the reſt, thereby to engage them in Controverſies; and that others of them, gaining thereby, will not fail to add fewel to the fire, when once the coles are kindled between a vvhole Body, and any one particular man that ſhall be ſo hardy as to oppoſe them, (although never ſo juſtly) concerning any thing unjuſtly done by them. Inſomuch as it is taken for a maxime among ſuch, (if they have a minde to tranſgreſs) that many ſubtle heads combined, a common Purſe (to make great Friends, and to impoveriſh and weary a ſingle Adverſary;) and the difficulty of obtaining Juſtice againſt them, is enough (in their conceit) to juſtifie their greateſt frauds and oppreſſions; and to proclaim and doom him the only Offender, that dares to ſeek Juſtice againſt them. This hardens them in their wickedneſs, and draws into common obloquy and reproach, any one that (being neceſſitated to maintain his own rights) ſhall preſume to queſtion their fouleſt encroachments.
This, the Doctor hath found, in proſecuting the Differences here after related. Wherein, he firſt appeared, in behalf of the Parliament, having diſcovered ſundry groſs vvrongs done to the State by ſome Agents for the Corporation of Wells. Afterwards, he vvas enforced to purſue the ſame conteſt, in behalf of himſelf, being by the Contractors for ſale of Biſhops Lands, and by the then Committee of Parliament for removing Obstructions in ſale thereof, drawn to purchaſe the Mannor of Wells, and what elſe there then remained unſold; vvhichwhich they promiſed he ſhould quietly enjoy.
Hence ſprang all the Differences between him and that Corporation, vvhichwhich (to his great grief) have been ſadly ventilated almoſt ten yeers, notwithſtanding his utmoſt endeavours to compoſe them in vvays of love and peace. The firſt Riſe and Sum of all vvhichwhich, is now expoſed to publike view, that they vvho have been abuſed by falſe and ſcurrilous clamors againſt him, may now be better able to judge vvhichwhich Party hath indeed been in fault, in cauſing or occaſioning the beginning and continuance of thoſe unhappy Contentions.
In publiſhing vvhereof, it vvill be requiſite to advertiſe, that it is not here intended to rip up all the particular affronts and injuries done to the Doctor; but only to ſet forth: 1. What vvas the Original of all the Differences between them; and how that hath been ſince proſecuted. 2. That what is after alledged in reference to any former Mayors of Wells, is not imputed to their own perſonal averſneſs from peace, but as they have been the mouth of the reſt that have put them upon vvhat they have ſpoken or acted herein. 3. That albeit this Narrative often mentioneth the vvhole Corporation, yet it is not meant to involve all alike in the ſame Charge; ſome of them being better inclined to reaſon and peace. 4. That the Contractors vvere the firſt Plaintiffs in this Cauſe; not the Doctor. He vvas only forced afterwards to undertake the ſame buſineſs, upon the ſame grounds and evidence vvhichwhich the Contractors had done before: for that the Corporation refuſed to make good the engagement of their Agents made not only to the ſaid Contractors and Committee of Parliament; but, to the Doctor himſelf, under their Hands and Seals, after he had been drawn to be a Purchaſer at Wells.
For the better underſtanding of the whole buſineſs, take notice, That an Agent for the Corporation contracted for certain Royalties, in Decemb. 1647. but perfected not the Conveyance until the 22 of March then next following; and that Dr Burges did not purchaſe until March 16. 1648. and that then he bought many things (ſome of them being of great value) which the Corporation by general words, and by ſurpriſe and fraud had before gotten into their Conveyance, without contracting for them at all. How, and by what meanes they did it, is firſt to be laid open; and then the courſe uſed to right the Common-Wealth, and the Doctor therein.
After the Surveyors had made a return of their Survey of the Mannour, Burrough, and Hundred of Wells, one John Caſebeard, a Burgeſs of Wells, took upon him at firſt (without Order) to treat with the Contractors for ſale of thoſe Lands, in the name of the Corporation of Wells, for the purchaſe of certain Royalties of the late Biſhop of Bath and Wells; upon which the ſaid Contractors granted this Warrant following.
Die Veneris 26 Nov. 1647. At the Committee of Contractors for ſale of Biſhops Lands.
Warrant of a Particular.AT the requeſt of John Casbeard Gent. on the behalf of the Mayor and Communalty of Wells, It is this day Ordered that the Regiſter do forthwith make forth, and fairly engroſs in Parchment a particular of the Royalties and Hundred of Wells and Wells-Forum, with the Fairs of Priddy and Binegar in the County of Somerſet, parcel of the poſſeſſions of the late Biſhoprick of Bath and Wells, whereupon we may proceed to make ſale thereof. And that he do deliver the ſaid particular examined and ſigned under his hand, unto us, or any ſix or more of us, according to the Ordinances and inſtructions of both Houſes of Parliament in that behalf made and provided.
This was the only Warrant granted for a particular. Two days after which, the Corporation of Wells wrote a Letter to Caſebeard: of which this is a true Copy.