A Case Concerning the Buying of Bishops Land, Part 2 · Letter 4
To the Honorable, the Committee of Lords and Commons for removing of Obſtructions in the ſale of Biſhops Lands: The humble Certificate of the Contractors for Sale of the ſaid Lands.
WHereas at the ſuit of the Maior,The firſt Certificate of the Contractors againſt the Corporation. Maſters and Burgeſſes of Wells in the County of Somerſet, we did, 26 Novemb. 1647. grant an Order for the making forth a Particular of the Liberties and Baylywick of that Burrough, VVells-Forum and VVells Hundred (who have ever been diſtinct from the Mannor of VVells) late parcel of the poſſeſſions of the late Biſhop of Bath and VVells, and upon Treaty did Contract with their Agent for the premiſes only, but not for any part of the Mannor of VVells:
Now ſo it is, that when we came to Sign that Contract,It hath been ſaid in excuſe of this change of the Particular, that nothing is more ordinary, then to alter the Particular, to ſatisfie a Purchaſer: but this was never to be done but by ſpecial Order of the Contractors themſelves; who, in this Caſe made no Order at all. Nor did they ever give warrant to alter, after a Contract made; or to put in any words that might carry more then was really to be paid for. and a VVarrant to the Truſtees for the drawing up a Conveyance, another Particular was preſented to us, with the ſaid Contract and VVarrant entred thereon. In which Particular divers general words being by the Counſel inſerted, without due limitations (the extent whereof, partly through multiplicity of buſineſs lying upon our hands, and partly alſo through the preſſing importunity of their Counſel haſtening us for a diſpatch, we did not ſo well apprehend) we did ſet our hands to the ſaid Contract and VVarrant for drawing up a Conveyance according to that Particular: but, with no purpoſe to paſs any thing pertaining to the Mannor. VVhereupon their Counſel took advantage ſo to have the Conveyance drawn up, as now appears to be greatly prejudicial to the State: Having in it ſundry general words, which (in time) poſſibly may be conſtrued to take in ſo much of the Royalties and profits of the Mannor of VVells (of which we never ſold them, nor they deſired to buy any thing) as may amount to a conſiderable value above what they paid for their purchaſe, beſide much wrong to the Mannor, and to the purchaſer thereof. Yea, when we came to ſell the Mannor, it appeared to us that we have been ſo far ſurprized in the ſaid Particular and Conveyance paſſed to the ſaid City, that we cannot perfect any Particular of that Mannor to the ſatisfaction of a Purchaſer, until the Conveyance paſſed to the ſaid City be firſt reviewed and rectified. By means whereof, the State ſuffers dammage to a great value.
So ſoon as this was diſcovered, we deſired the Truſtees in September laſt, to direct their Order tot the Surveyors of that Mannor, forthwith to enquire and certifie what was peculiar to the Mannor, diſtinct from the Burrough and other the premiſes. Upon which the Surveyors did their endeavors, and dealt with that Corporation to ſtate the ſame, but received a dilatory and unſatisfactory anſwer. Whereupon we did, on the tenth of November laſt, write a more preſſing Letter to the ſaid Corporation, to let them know they had abuſed not us alone, but the State alſo; requiring them to ſend up ſome of their Members fully impowred, to clear all doubts, and to diſclaim whatever appertaineth to the ſaid Mannor, before the 13 of this month: which was delivered to the Maior upon the 18 of November laſt. To which the Maior hath ſent no other anſwer, but a deſire to be excuſed till the next Term, pretending they had not their Counſel by them; not conſidering how much the State is prejudiced thereby, and that it is matter of fact, not of Law, that is now in queſtion: and that they might have had their own, or any Counſel preſent, in caſe they had needed Counſel. We therefore in diſcharge of our Truſt, held it our duty timely to repreſent this to your Honors: Humbly ſubmitting it to your grave conſideration.
VVilliam Roberts. Edw. Creſſet. Ti. Middleton. Robert Fenwick. John Blackwel, Thomas Ayres, James Ruſſel. Gurny-Houſe, 22 Decemb. 1648.
Upon conſideration had of this Certificate, the ſaid Committee of Parliament iſſued an Order of Summons, Decemb. 28. 1648. Requiring the ſaid Maior, Masters, and Burgeſſes to attend the Committee, by themſelves or by ſome others ſufficiently inſtructed herein, within ten days after notice thereof, &c. to anſwer the premiſes: and hereof they were not to fail.
Order of Feb. 16 1648.Feb. 16. 1648. they appeared by ſome of their members and Counſel; and being heard, a Sub-Committee was appointed to examine the whole buſineſs at Gurny-Houſe, and to State and report the ſame upon VVedneſday following.Order of Feb. 27 1648. But this being not done, The Committee reſumed the matter upon the 27 of the ſame Month, and then it was Ordered that the Contractors ſhould forthwith more particularly certifie what Royalties, Hereditaments, Liberties and appurtenances of the poſſeſſions of the late Biſhop of Bath and Wells they intended to ſell unto the Town of Wells, and for what ſum. And likewiſe whether they did intend by any general words after the firſt Contract Signed by the Agent for VVells, to ſell unto the ſaid Town any thing more then was comprehended in their Order of Contract and firſt Particular and Contract Signed by the ſaid Agent? And whether any thing ſo ſold unto the ſaid Town, be any part or parcel of the Mannor of Wells, or of other the Poſſeſſions, Hereditaments, or Royalties belonging to the ſaid Mannor? And, if any; what Poſſeſſions, Hereditaments or Royalties belonging to the ſaid Mannor, they ſo ſold.
This Order being tranſmitted to the Contractors, they certified as followeth: