A Case Concerning the Buying of Bishops Land, Part 2 · Report – Letter 6
Col. Harvy's Report.THe Contractors for Sale of Biſhops Lands in December laſt, Certified this Committee, that the Corporation of Wells in the County of Somerſet, have by their Agents in their laſt Purchaſe of the Liberties and Royalties of that Burrough, and of the Hundred of Wells, ſurprized the Contractors,Certif. of Dec. 22. 1648. and very much wronged the State by an undue Particular drawn up without Warrant, whereby the Contractors could not make ſale of the Mannor of Wells, whereof they ſold nothing to the Town. And that the ſaid Corporation refuſed to rectifie this in a private way.
Hereupon this Committee ſent out an Order, Decemb. 28. 1648. ſummoning the ſaid Maior and Corporation to ſend up ſome of their own members, or others fully inſtructed to give an account hereof within 10 days after notice. Which Order was ſerved upon them.
Upon the ſixteenth of February the ſaid Corporation appeared by Mr. Robert Morgan, and John Caſebeard, two of their members, who avowed that the Corporation had bought a great deal of the Mannor of Wells (referring to the Conveyance:) which a Sub-Committee of the Contractors (then preſent) denied.
It was then Ordered that ſome Members of that Committee ſhould examine all papers and proceedings therein at Gurny-Houſe, and thereupon ſtate and Report matter of fact unto you, by that day ſeven-night.
Your Sub-Committee not meeting, this Committee reſumed the whole buſineſs, Febr. 27. and after full examination thereof, both parties being preſent, it appeared,
That at the requeſt of the ſaid Caſebeard, the Contractors made an Order to the Regiſter Novemb. 26. 1647. VVarrant it ſelf.to make forth, and ingroſs a Particular of the Royalties of the Hundred of Wells and Wells-Forum, with the Fairs of Priddy and Binegar, parcel of the Poſſeſſions of the late Biſhoprick of Bath and Wells. And this was the only Warrant for any Particular, in reference to the ſaid Corporation.
Letters of the Town.That the ſaid Corporation (Novemb. 28. 1647.) gave Inſtructions to Caſebeard in a Letter, to purchaſe (beſide the former particulars) the Baylywick of the Town, the Court of Record, the 3 Weeken-Court and Leet, and Law-day for the Town; the three-Weeken Court, or Leet or Law-day for the Forum, the four Fairs in the Town, and the chief Rents (if incident to the Law-day) and Felons goods, and Clerk of the Market, and Return of Writs, and ſuch Iſſues and Amercements as fall upon any Towns-man, whether in the Seſſions at Wells, or in the County, granted by Letters Patents of Edw. 4.
Letter of Atturny.But the Maior and Communalty of Wells did under the Seal of the Maioraltie, Dec. 4. 1647. Authorize the ſaid Morgan, Caſebeard, and one Cox to be their Agents with the Contractors for the Purchaſe of the Royalties and Liberties of the ſaid Burrough, and of Wells-Forum, and VVells Hundred, with the Fairs of Binegar and Priddy. And Mr. Morgan confeſſed that this was all.
That Caſebeard indeed pretended that he had another Letter in Decemb. 1647. to buy more, viz. the Guild-Hall and Priſon: but he produced none ſuch. Nor were the Guild-hall and Priſon then at all Returned in the Survey, and ſo could not be put into any Particular grounded thereupon.
Contract.That upon the 15 of that Decemb. the ſaid Caſebeard did Contract in the behalf of the ſaid Town, for the Royaltie of Wells, and Wells-Forum, the Baylywick of the Town and Forum of VVells, with all and ſingular the Fairs, Markets, Clerkſhip of the Market and profits thereof, and all other things to the ſaid Baylywick pertaining. And alſo the Office of Stewardſhip of the Town of VVells, and all the profits and advantages thereunto belonging. This Contract takes in all Fairs, Markets, Clerkſhip of the Markets, Baylywick of the Hundred, and Stewardſhip, which were not warranted by the Contractors to be put into the Particular, nor deſired by the Town in their laſt Inſtructions under Seal, nor are grounded upon the Survey. This Contract was Signed by Casbeard: nor was there any other made at all by the ſaid Town.
Notes of the Committee.It was confeſſed by Casbeard, that the ſaid Corporation had not bought the rents of the Burrough, nor the Lot-Lead, nor any thing of the Mannor of VVells: That he, and one Couper had away the firſt Particular upon which he Contracted for the Town. That there was never more then one Contract made for the ſaid Town. That the Particular, which (after the Purchaſe was aſcertained) was offered to the Contractors to Sign, as a Warrant for the Truſtees to receive the Purchaſe-mony, and for the Trustees to paſs and Seal the Conveyance of the ſaid Purchaſe, was not the ſame with the firſt, but drawn up by Mr. Thomas Salmon then Maior of VVells. And what is become of the firſt Particular, the ſaid Casbeard knoweth not.
That the ſaid laſt Particular doth contain much more then ever the ſaid Town bought, or paid for, or then the Contractors ever intended to them to ſell. According to which Particular, their Conveyance was drawn up and Sealed, and inrolled. Which hath already occaſioned much dammage to the State, and may occaſion much more, if not ſpeedily prevented.
Order of Feb. 27.The Committee finding ſo great a difference between the Certificate of the Contractors, and the laſt Particular and Conveyance made to the Town of VVells, did Order the ſaid Contractors to certifie more particularly what Royalties, Hereditaments, Liberties, and Appurtenances of the Poſſeſſions of the late Biſhop of Bath and Wells they intended to ſell unto the ſaid Town, and for what ſum. And likewiſe whether they did intend by any General words, after the firſt Contract ſigned by Caſebeard, to ſell them any more then was comprehended in the firſt Contract and Particular? And whether they ſold any part of the Mannor of Wells unto them, and what part thereof?
Certif. of Mar. 7. 1648.The Contractors certified, Mar. 7. laſt, That they ſold to the ſaid Town theſe particulars.
The Royalties of Wells and Wells Hundred: and the two Fairs of Binegar and Priddy at 30 s. per annum.
The Collecting of Poſt-fines and Amercements iſſuing out of the Exchequer, called the Green-wax, valued at 10 l. per annum.
The Leets, or Law-days, the three-Weeken Courts, and Court of Record, valued at 8 l. per annum.
All theſe were in poſſeſſion, and amount to 19 l. 10 s. per annum, and ſold at 20 yeers purchaſe.
The four Fairs in Wells, after 3 lives in being, valued at 5 l. 13 s. 4 d. at four yeers purchaſe.
Which ſums, at the rates aboveſaid, make the total ſum of the Purchaſe 412 l. 13 s. 4 d.
This was the juſt ſum for which they Contracted according to the values in the Survey. And more then theſe things, the Contractors never intended to ſell them any thing.
The ſaid Contractors do further Certifie theſe Particulars wherein they were ſurprized; viz.
The two weekly Markets were unduly thrust into the ſum of 5 l. 13 s. 4 d. at which the four Fairs in the Town alone, are valuable; which is not warranted by the Survey. And the Markets are valued at a conſiderable ſum by themſelves, for which nothing is paid in the Purchaſe.
They were perſwaded by Caſebeard, that the Baylywick contained no more but what is before expreſſed under the 25 l. 3 s. 4 d. and thereupon the Contractors put it into the Contract: whereas the Survey, beſide all the particulars before rehearſed, afterwards mentions and values the Baylywick diſtinctly, and by it ſelf, at 40 l. per annum, in reverſion after three lives; which the Town hath gotten into their laſt Particular and Conveyance, paying nothing for it, and left 14 l. 6 s. 8 d. chargeable upon the Mannor for the Bayliffs fee, to be paid by the State notwithſtanding: which muſt be repriſed to the Purchaſer of the Mannor.
They further ſay, that the Guild-Hall and Priſon neither were in the firſt Particular, nor at all Contracted for. Nor were they at all returned or mentioned in the Survey whereupon that Particular was grounded: and ſo could not be intended to be ſold unto them.
They ſay, they never intended to ſell, nor did the Town at all deſire to buy any part of the Mannor of Wells, or of any other Mannor. Only they intended to ſell the Royalties of the Burrough and Hundred, ſo, that the Lord ſhould not have ought to do with the Corporation, nor they with him, or any of his Tenants, by way of Juriſdiction, by vertue of their Purchaſe.
They Certifie that they never intended, by any words General or Special, to ſell any thing to the ſaid Town, more then was truly and really intended to be ſold unto them in the firſt Contract.
The Town therefore have greatly abuſed and wronged the State both in Special words, as alſo in General words thruſt into the last Particular.
By Special words, they carry theſe things which were never ſold unto them: viz.
The whole Baylywick, valued after 3 lives in being at 40 l. per an.
Two weekly Markets in the City of Wells, which are of good value.
The Guild-Hall and Priſon, which have ever belonged to the Lord of the Mannor.
All VVaives and Strays, Deodands, and Felons Goods, &c. upon the Mannor, which were ever distinct from thoſe of the Town and Hundred.
All Courts Baron, and Minery Courts, valued at 40 s. per an. All VVays and Streets, which have ever belonged to the Lord of the Mannor.
By General Words, they have taken into their laſt Particular and Conveyance.
All Royalties, Services, Franchiſes, Liberties, Priviledges, Immunities, Profits, Commodities, Advantages and Emoluments whatſoever, of what nature or quality ſoever, WITHIN the ſaid City or Burrough of Wells, and WITHIN the ſaid HUNDRED of Wells and VVells-Forum, or any part or parcel thereof, unto the late Biſhop of Bath and VVells, or any other Biſhop there, in right of the late Biſhoprick of Bath and Wells, at any time within ten yeers before the beginning of the Parliament of England now aſſembled at Weſtminſter, belonging or appertaining.
Under theſe General words, ſo unduly thruſt into the laſt Particular (by vertue whereof their Counſel told you, that they conceive they have bought very much of the Mannor of Wells) may be comprehended, and hereafter claimed, as being within the Hundred of Wells,
1. The Royalties of the Lot-Lead, valued per ann. at 80 l.
2. The Royalties and Services of the Mannor of Wells, and rent both of the Mannor and Burrough, valued per ann. at 150 l.
3. All Waſts, Herriots, Commons, Services of Tenants, &c. which are many and great.
To ſay nothing of the Mannor of Weſtbury, within the ſame Hundred alſo.
Theſe things valued in the Surveys, amount per ann. to 250 l.
VVhichWhich, after the rates of the Purchaſe made by the Town, comes to 5000 l.
By means whereof the Contractors have had the Mannor of Wells lying upon their hands for divers moneths. And the State hath all the while paid Intereſt for at leaſt 5000 l. for that the ſaid Contractors could not perfect a Particular of that Mannor, till this Obſtruction he removed; which the Town refuſed to yeeld unto in an amicable way, although earnestly deſired by the Contractors ſo to do.
This abuſe the Contractors were unwilling to charge upon the Corporation it ſelf, but firſt imputed only to their Agents. But, upon the Summons of the Town hither, they have openly owned and avowed it by their Counſel; and the imbezelling of the firſt Particular, and the drawing up of a new one by the ſaid Maior, without Warrant (whence all this miſchief to the State is riſen) hath likewiſe been confeſſed by Caſebeard, then appearing and ſpeaking in the name of the whole Corporation.
Laſtly, What means have been uſed to perſwade them to rectifie this in a more private way, without troubling the Houſe; and, how much they have ſlighted it, cannot be forgotten.
Edm. Harvy.
On the Backſide of which Report was witten by Mr Noel the Clerk Regiſter to that Committee of Parliament, as followeth, by Order of the preſent Commiſſioners for removing Obſtructions. June 27. 1655.
THis Report was delivered in by Colonel Harvie to the late Committee of Parliament for Removing Obſtructions, mentioned in their Order of the fifth of April 1649. to be then read; and alſo to be read the eighth of May 1650. before the ſaid Committee, without any alteration, ſo far as I can remember; and then, Ordered to be Reported to the Parliament, unleſs, &c. as in the ſaid Order. And on the 20th inſtant offered to the Commiſsioners for removing Obstructions to be proceeded upon.
Edw. Noel.
That he had Warrant for this Endorſement, (beſide the Command of the preſent Commiſſioners) further appears by the Books of that Committee of Parliament kept by the ſaid Mr Noel, wherein is entred this following Remembrance.
Die Jovis 5 April 1649.
COlonel Harvie delivered in his Report, concerning the Contractors and the Town of Wells, according to former Order of this Committee: which Report was read.
On which day, this Order alſo was made, and after ſent to Wells.
Die Jovis 5 April 1649. At the Committee of Parliament for removing Obſtructions in the Sale of Biſhops Lands.
UPon hearing the buſineſs the 27 of February laſt, between the Town of Wells, and the Contractors for Sale of Biſhops Lands; And, upon the Confeſſion of John Caſebeard, Agent for the Town then preſent, it appeared, That both the Contract ſigned by the ſaid Caſebeard, in behalf of the Town, and the laſt Particular drawn up without Warrant, by which the Contractors were ſurpriſed, and the State abuſed, do refer to the firſt Particular upon which the Contract was made; which firſt Particular was taken away by Caſebeard and others, from the Contractors, and will not now be found. It is therefore Ordered that the ſaid John Caſebeard and Thomas Salmon the then Mayor of Wells, be forthwith ſummoned to attend this Committee within ten days after notice hereof, in Sir Edward Bruncards Houſe in the old Palace at Weſtminſter; And there produce the ſaid firſt Particular upon which the ſaid Contract was made, and to ſhew by what Deputation from the Town, and by vvhat VVarrant, the laſt Particular afterwards offered to, and ſigned by the Contractors, vvas drawn up, and ſigned, after the firſt Contract made. And hereof they are not to fail.
By this it is evident how unwilling the Committee of Parliament vvas to uſe extremity, in haſtning a Report to the Houſe; in that they vvould not ſo much as then Order the Report to be made to the Parliament, but only ſummoned two Agents of the Town to appear before themſelves, to give Account of their miſcarriages, thereby intending to awaken the Town to make ſatisfaction by a Reconveyance vvithout further trouble.
John Caſebeard and Thomas Salmon being ſerved vvith the Order of Summons, Mr Salmon procured a Letter of Attorney from the Corporation, vvhichwhich ran thus:
Letter of Atturney from the Town, the 24. of April 1649.KNow all men by theſe preſents, That we the Mayor, Maſters, and Burgeſſes of the City or Burrough of Wells in the County of Somerſet, by this preſent Writing indented, have conſtituted, ordained, and appointed; And by theſe preſents do conſtitute, ordain and appoint, our Truſty and vvell beloved friends, Thomas Salmon one of the Magiſtrates of the ſaid City or Burrough, and Juſtice of Peace within the ſame, Robert Morgan another Magiſtrate of the ſaid City or Burrough, William Smith one of the capital Burgeſſes of the ſame City or Burrough, and John Caſebeard Gent. or any three or two of them, to be our true and lawful Atturneys, for us, and in our names to appear before the honourable Committee for removing of Obſtructions in the Sale of Biſhops Lauds. And with them for us, and in our names to Anſwer to vvhat ſhall be objected againſt us by the ſaid Contractors of the ſaid Lands, for the purchaſe of certain Royalties and Liberties contracted for with them, for, or concerning the ſaid Purchaſe by us, or our Agent or Agents. As alſo to treat, compound, and finally to end and determine any Controverſies, Suites, or demands ariſing, or which may ariſe by reaſon of the ſame Purchaſe, ſo far forth, and in as ample manner, as though vve vvere perſonally preſent. Ratifying, confirming, and allowing all and vvhatſoever our ſaid Attorney, or any three or two of them ſhall do for us in the premiſes.*This Letter of D…putation was exhibited to the Doctor, and a Copy left with him, which was examined by two VVitneſſes with the Original, one of which was a publike Notary. In witneſs whereof, We the ſaid Mayor, Maſters and Burgeſſes have hereunto ſet our common Seal the 14 day of April, in the yeer of our Lord God 1649. And to the other part thereof remaining with the ſaid Mayor, Maſters and Burgeſſes, the ſaid Thomas Salmon, Robert Morgan, William Smith, and John Caſebeard have ſet their Hands and Seals, the day and yeer above written.
Upon this, Mr Salmon and Mr Morgan came to London. But, both the Contractors and the Committee of Parliament then told them, that now they muſt apply themſelves to Doctor Burges Purchaſer of the Mannor of Wells, and reconvey to him vvhat they had ſo unduly gotten into their Conveyance, and which he had now both bought and paid for. And here began the firſt buſineſs between the Doctor, and that Corporation.
For Mr Salmon hereupon came to Dr Burges, and made agreement with him according to what had been agitated in, and declared by the ſaid Committee of Parliament, and deſired it might be put into vvriting, promiſing that he and Mr Morgan would ſign it. When the Agreement was drawn up, Mr Salmon, and Mr Morgan came again to the Doctor, who read over the whole unto them, and no exception was taken to it. Only Mr Morgan deſired that, whereas the Paper then read, mentioned a Deed to be afterwards ſealed by the Corporation to Dr Burges, as it ſhould be adviſed and prepared by his Counſel according to that preſent Agreement; that, before ſealing, it might be peruſed by Liſlibone Long then Eſquire (now Knight and Recorder of London:) not, to alter the Agreement, but to ſatisfie the Corporation that the Deed was according to their then preſent Agreement. To this, the Doctor innocently (but improvidently) yeelded; and ſo in the iſſue all came to Nothing. The Agreement was this: