A Case Concerning the Buying of Bishops Land, Part 2 · Agreement – Letter 9
WHereas the Mayor and Burgeſſes of the Burrough and City of Wells, in the County of Somerſet, have bought ſundry parcels of the poſſeſſions of the late Biſhop of Bath and Wells, which are mentioned to be ſold unto them by the Truſtees for the Sale of Biſhop Lands, or by five or more of them, in and by one Indenture bearing date the 22 day of March, Anno Dom. 1647. And vvhereas Cornelius Burges of London Doctor in Divinity, hath likewiſe bought ſundry other parcels of the Poſſeſſions of the late Biſhoprick of Bath and Wells, which are mentioned to be ſold unto him by the ſaid Truſtees, or by five or more of them, in and by one other Indenture bearing date the 24 of March 1648. Now, for as much as by reaſon of ſome vvords and expreſſions in the ſaid Indentures, ſundry differences and Suites may poſſibly ariſe, if not timely prevented; for the prevention vvhereof, and for the better maintaining of a right underſtanding, peace, and amity between the ſaid Parties, and for divers other good cauſes and ſpecial conſiderations, the ſaid Mayor, Maſters and Burgeſſes of Wells aforeſaid, have by one Letter of Attorny or Deputation under the common Seal of the ſaid Corporation (vvhichwhich Letter of Attorney or Deputation bears date the 14 of April, Anno Dom. 1649.) appointed, conſtituted and authorized Robert Morgan, Gent. and Thomas Salmon, Gent. two of the Maſters of the ſaid City or Burrough, together with ſome others therein named, That they or any two of them, ſhould treat of, and conclude and determine all matters and things that now are, or hereafter might be in doubt or difference concerning the premiſes, or any of them; and that in the name and behalf of the ſaid Mayor, Maſters and Burgeſſes, who thereby binde themſelves to allow, ratifie, and confirm, whatſoever their ſaid Attorneys or Deputies, or any two of them, ſhall do in the premiſes; as by the ſaid Letter of Atturney or Deputation (a Copy whereof is now left with the ſaid Doctor Burges) appeareth. And therefore the ſaid Robert Morgan, and Thomas Salmon, for and in behalf of the ſaid Maior, Maſters and Burgeſſes, and by vertue of the ſaid Letter of Atturny and Deputation, after Treaty, and after mature adviſe with and full debate of their Counſel learned touching the premiſes, do finally conclude and agree to and with the ſaid Cornelius Burges, That the ſaid Maior, Maſters and Burgeſſes of the ſaid City or Burrough of Wells aforeſaid, ſhall grant and aſſure unto him, his Heirs and Aſſigns, by good and ſufficient Conveyance in Law under the Common Seal of the ſaid City and Corporation, in ſuch wiſe as by the Counſel learned of the ſaid Dr. Burges ſhall be deviſed and prepared, within ten dayes after the draught thereof ſhall be ingroſſed (being firſt peruſed and approved by Liſlibone Long of Lincolns-Inn Eſq; and rendred to the ſaid Maior of the ſaid City for the time being for that purpoſe. All and all manner of Intereſt, Right, and Title, which they have or pretend, or claim to have to, and in all and every the Particulars hereafter following viz.
Imprimis, All and every the Royalties of Lot-Lead upon the Foreſt of Mendip, and all Royalties, Courts, Perquiſites of Courts, Poſſeſſions and Hereditaments, Rents, Fines, Heriots, Services, Eſchetes, Waives, Strays, Waſts, Commons, Ways, Streets (except hereafter excepted) belonging to the Mannor of Wells, together with all Rights, members and appurtenances thereof, for ever.
Item, The free uſe of the Guild-Hall in Wells aforeſaid, from time to time and at all times (except only ſuch times wherein the ſaid Maior, Maſters and Burgeſſes ſhall make uſe of the ſame, for holding of their own Courts there) to keep and hold all Courts Baron, and other Courts of what kind ſoever, not herein and hereby excepted, in his own name, or in the name or name of his Heirs and Aſſigns, or any of them for ever; and by his or their Officers only, at his or their pleaſure conſtituted and appointed, for ever. As alſo free ingreſs and egreſs for himſelf, his Heirs and Aſſigns, and for all Officers and perſons reſorting thither upon thoſe occaſions. The ſaid Dr. Burges his Heirs and Aſſigns for the time being, paying only one penny per annum for the ſame, upon the 29 day of September for ever, if it be demanded.
Item, All other Fines, Suites, Services, Royalties, Courts, Perquiſites of Courts, Immunities, Priviledges, Poſſeſſions and Hereditaments whatſoever lately enjoyed by any of the late Biſhops of Bath and Wells, in right of the ſaid Biſhoprick within the Mannor or Burrough of Wells, or Foreſt of Mendip, or any of them, within ten yeers next before the beginning of this preſent Parliament.
EXCEPTING nevertheleſs, to the ſaid Maior, Maſters, and Burgeſſes, the Royalties of the City or Burrough of Wells aforeſaid, and of the forreign fee Baylywick or Hundred of Wells, commonly called Wells and Wells-Forum, with the rights members and appurtenances thereof in the County of Somerſet, together with the ſaid Hundred. And alſo all Courts of Record, or Court or Courts of Pleas, Hundred Courts, views of Frank-pledg, and whatſoever to view of Frank-pledg appertaineth, Courts Leet and other Courts to be holden from three weeks to three weeks, from time to time within the ſaid Burrough, or within the Hundred of Wells and Wells-Forum aforeſaid, belonging to the ſaid Burrough or Hundred.
And except alſo the Fines, Iſſues, and Amercements, Perquiſites and Profits, aſwell at the ſaid Courts hereby excepted, as at the Seſſions of the Peace holden, or to be holden from time to time, or in the ſaid City. And all other Fines, Forfeitures, Iſſues and Amercements at the Aſſizes or elſewhere, in the High Court of Chancery, the Court of Kings Bench, or Common-Pleas, or of the Exchequer, due and payable by any perſon or perſons whatſoever. And alſo Excepted the Baylywick and Office of Bayliff of Wells, and of the Hundred of VVells, and of VVells-Forum aforeſaid, and of the ſaid Liberty of the ſaid Biſhop of Bath and VVells within the ſaid County of Somerſet. And alſo Excepted, all Fairs with their appurtenances, and all Markets holden and kept, and to be from time to time holden and kept within the ſaid City or Burrough of VVells, or within the ſaid Hundred of VVells and VVells-Forum, or any part thereof, heretofore or now holden there, with all profits and commodities thereto belonging. And alſo excepted, all Deodands, goods and chattels of Felons, Felons of themſelves and Fugitives, Outlawed perſons, and of perſons put in exigent. And alſo excepted, the Office of the Clerk of the Market, and whatſoever to the ſaid Office appertaineth; and the correction of the Aſſize of Bread, Ale, Beer, and other Victuals, and the trial of all weights and meaſures, together with all Fines and Forfeitures happening by reaſon of the ſame within the Liberty and Liberties aforeſaid. And alſo the inheritance of the Guild-Hall and Priſon, and the way unto them, and the ſoyl thereof, as alſo all other the ſoyl, Streets and ways neceſſary and uſed for holding of the ſaid Markets in the ſaid City.
Item, It is likewiſe Agreed, that the before recited Indenture paſſed and ſealed by the ſaid Truſtees as aforeſaid, to the ſaid Maior, Maſters, and Burgeſſes, bearing date the 22 day of March 1647. ſhall be inrolled in the Court of Exchequer holden at Weſtminster, and there remain upon Record for ever.
To the due and full performance of this Agreement, and of every part thereof, we the ſaid Robert Morgan and Thomas Salmon do in purſuance of the before mentioned Letters of Atturny or Deputation, bind our ſelves and the ſaid Maior, Maſters and Burgeſſes of the City or Burrough of Wells aforeſaid, firmly by theſe preſents. Witneſs our hands and Seals this 9 day of May, Anno Domini 1649.
Rob. Morgan.
Thomas Salmon.
Signed, Sealed and delivered in preſence of He. Mintern. Jo. Mintern. Ralph Gall.
According hereunto a Deed was drawn up, which being firſt peruſed by Robert Woolrich of Greys-Inn, and Matthew Hale of Lincolns-Inn Eſquires, and by them both atteſted under their hands to be agreeable to the foregoing Agreement, it was after tendred to ſeveral Maiors ſucceſſive to each other at Wells to ſeal. But they waved the Agreement, reſolving to hold what they had gotten; denying that they knew of any thing granted to them but what was really intended to be bought by them, (and they are confident was really intended by the Honorable Contractors to be ſold unto them, and therefore conceived it lawful for to improve their beſt endeavours for the enjoyment thereof. This, with much more, was ſent in a Letter to the Doctor, in the name, and by the Order of the whole Society, Jan. 5. 1649. Signed by the Maior.
Mean while the ſaid Committee of Parliament, minding their promiſe, and finding the buſineſs to be ſo foul, and that the Town would not Seal any Reconveyance,Order of Aug. 11. 1649. made an Order the 11 of Auguſt 1649, to the Sergeant at Arms attending the Parliament, or his Deputy or Deputies, forthwith to apprehend the Body of John Caſebeard, and to bring him up in ſafe cuſtody, and him to keep in ſafe custody, until the ſaid (first) Particular be brought in to the (Contractors) Regiſtry, or that the ſaid Caſebeard do clear himſelf from any concealment or imbezelling of the ſame.
He was apprehended accordingly, but had a friend that firſt got him looſe, not by Order but connivence, till the 14 of September 1651. Then he got his Liberty till the 15 of November following. Upon the 21 of which monethmonth, he alledging that the Town and Dr. Burges were agreed, he got an Order for his diſmiſſion that day ſeven-night, if nothing were further alledged to continue his reſtraint. Howbeit he was not diſmiſſed till the 12 of December following, witneſs this Order.
8 May 1650.
Order of Dec. 12. 1651.IT is this day Ordered that John Caſebeard be diſcharged from his reſtraint in the Cuſtody of the Sergeant at Arms attending the Parliament, Mr. Liſlibone Long having undertaken for his appearance before this Committee at any time in Term-time upon Summons.
But long before that, the ſame Committee of Parliament, finding the Corporation ſo pertinacious in holding what they had ſo unduly gotten, Ordered the former Report to be offered to the Parliament. The Order was this.
8 May 1650 At the Committee of Parliament for removing of Obstructions in the ſale of Biſhops Lands.
Order of May 8. 1650. To Report to the ParliamentWHereas the Report formerly made by Colonel Harvy touching the buſineſs of the Purchaſe made by the Maior, Maſters and Burgeſſes of Wells, was this day read; upon Debate thereof, It is Ordered to be reported to the Houſe as now it is. Unleſs the ſaid Maior, Maſters and Burgeſſes do before this day monethmonth, give ſatisfaction to a Sub-Committee touching the ſame. And it is Ordered that Col. Jones, Mr. John Corbet, Mr. Alderman Allen, and Colonel Harvey, be the ſaid Sub-Committee; and they, or any three of them, be deſired to receive what ſhall be offered by, or on the behalf of the ſaid Mayor, Maſter and Burgeſſes of Wells therein, and report the ſame to this Committee.
All this notwithſtanding, nothing was offered nor done herein by the Corporation. Sundry Overtures and Letters were addreſſed to them by the Doctor, for an end. Divers References were made, wherein, two ſeveral times, all buſineſſes were agreed. But the Corporation reſolved to part with nothing: for having made friends, who underſtood not the caſe, to ſtand by them therein, they encroached dayly upon the Doctors Waſts, Commons, Pounds, Eſtrays, &c. threatning more. Eſpecially ſince they ſo ſtrongly engaged ſundry of the Souldiery (who were ſet to keep peace, not to intermeddle in differences, or to become parties in them) by ſweating three Officers of one Troop (who had not any foot of Land, or other Eſtate within that Corporation) Burgeſſes of their Town. Then, Belly-gods, and every rayling Shimei gladly made it their buſineſs to run up and down to Gentlemens Houſes; yea, anywhither, where any good chear was to be had, to make the Doctor odious by falſe reports, where they ſuppoſed they could command belief of their confident tales. Yea, ſo far did ſome proud Wiſelings of their Faction proceed, that if any friend were but in any neighbourly manner familiar with the Doctor, or invited any of his to their Houſes, they would take occaſion to quarrel them for entertaining their enemies: inſomuch, that ſcarce any perſon of quality durſt to own the Doctor, or to come near his houſe, much more to own his cauſe. All which, the Doctor bore, with what patience he could; knowing, that nothing but Nettles and Bryers can be expected from Dung-hills.
That which remaineth, is a brief account of proſecuting that Report which was to have been made to the Parliament: but never could find opportunity to be reported there.
An Act paſſed, Octob. 12. 1652. to enable the preſent Commiſſioners for removing of Obſtructions (among other things) to hear and determine all ſuch reports of particular Caſes, as by the late Committees of Parliament for Obſtructions were ordered to be made to the then Parliament. Which Act, gives them that power that never was in the Committee of Parliament for Obſtructions, or in any Court of Judicature, but onelyonly in the Parliament it ſelf, to redreſs thoſe abuſes that otherwiſe, in an ordinary courſe of Juſtice, were not to be cured.
This Act, the Doctor for two or three years made no uſe of; in hope the Corporation would at length be drawn to do him right; becauſe ſuch as were diſcreet and moderate among them, on all occaſions profeſſed themſelves very inclinable to peace. But they fruſtrated his expectation: for the more he bore, the more was laid on him; which opened his eyes to ſee that they who began upon trifles, would (when they ſaw their time) proceed to ſeiſe upon more; yea, upon all that their general words might include. And this was no leſs, then all he had; except the ſoyl of the Mannor. For, they might on the ſame ground carry all his Rents, Fines for Copyholds, and Leaſes, Forfeitures, Lot-Lead, all his Courts of the Mannor; and, in a word, whatever elſe he could make one penny profit of. And all this, becauſe it was within the Hundred of Wells, and late the poſſeſſion of the Biſhop of Bath and Wells, in right of his ſaid Biſhoprick.
The firſt difference began on their ſide, upon a ſmall buſineſs: namely, their ſetting up Pens for Sheep at a Fair, againſt his Walls, in a place called South-over, which belonged always to him that kept the Biſhops Park, purchaſed by Dr. Burges. Of this, when he had complained, the Corporation ſent up a Certificate that they had made little of it, and that it ſhould be reſtored, if it appeared to be the Doctors right. This being but a trifle, the Doctor paſſed it by, without farther conteſt.
After this, the Corporation claymed, and took fifty couple of wild Fowls due to the Biſhop from the Decoy-pool near Weſtbury, becauſe, within the Hundred of Wells. Which Fowls had been rated and ſold to the Doctor, at 25 s. per annum. He being made acquainted therewith, forbad payment of any more to that Corporation: So alſo did, one Captain Bagnal, that after bought the Mannor of Weſtbury. The Corporation, or their Agent, hereupon complained to the Committee of Parliament for Obſtructions, for wrong done to them in denying theſe Fowls. Their Petition was preferred in the year 1651. as followeth.
To the Honourable Committee for removing Obſtructions in the Sale of Biſhop Lands. The humble Petition of the Mayor, Maſters and Burgeſſes of Wells in the County of Somerſet.
Humbly ſheweth,
THat the Royalty of Weſtbury belonging to the late Biſhop of Bath and Wells 1648 *1647.was granted by the Truſtees, amongſt other things to your Petitioners, and enjoyed accordingly, until of late Dr Burges, Mr Robert Bagnal, and Mr John Couſlour, by vertue of ſome general words, in ſeveral Grants of other things from the ſaid Truſtees, pretend a Title thereunto, and do accordingly interrupt the quiet enjoyment thereof. That within that. Royalty there is a Decoy-Poole, which is of conſiderable worth to your Petitioners, and cannot admit of their trouble, without much prejudice.
Your Petitioners humbly pray your Summons againſt the ſaid Dr Burges and Robert Bagnal, that the right thereof may be quieted and ſetled, according to the truth thereof.
Cop. Ex. Edw. Noel. And the ſaid Petitioners ſhall pray, &c.
By this it appeareth, that however the Corporation had bought onelyonly the Royalties of the Burrough and Hundred of Wells, they meant to graſp all within the Hundred, that had been the Biſhops. This alſo the Doctor then paſſed over, without much ſtruggling, albeit the Contractors Certified to that Committee of Parliament; and afterwards, to the Commiſſioners for Obſtructions, that they had ſold thoſe Wild fowls to Doctor Burges.
Not long after, they began to claim ſome Chambers over the Priſon parcel of the Biſhops Houſe, (and never uſed with the Guild-Hall or Priſon) upon pretence of their purchaſe of the Guild-Hall and Priſon: which in the Report before cited, is denyed; and, by the ſaid Committee of Parliament, Feb. 11. 1649. declared to be within the Doctors Purchaſe, of which they ordered him poſſeſſion.
After this, they ſeiſed his Pound in Southover, diſcharged his Heyward, ſet another in the room, and have ever ſince detained it, and all Waives and Eſtrays at any time brought thither; reſolving to keep it, although it be upon part of the Waſt of his Mannor, and was never poſſeſſed or uſed by the Bayliff of the Burrough, but by the Reeve of the Mannor, till they ſo ſeiſed it; as appears by many Depoſitions of record in the High Court of Chancery, which make it parcel of the Mannor.
Nay, they wanted not ſome, who gave our that the Lot-Lead upon Minedeep, which was rated and ſold to the Doctor at 80 l. per annum, belonged to that Corporation. Yea, one of the moſt moderate among them told the Doctor, that it was conceived that all Fines alſo impoſed by his Mineral Juries on Offenders upon Mendip, that were awarded to him as Lord of that Liberty and Mannor, belonged to the Corporation, by vertue of their ſaid Purchaſe. By all which it is evident, that they began with trifles, in hope the Doctor would not ſtand upon ſuch poor things, which if they carryed, the way was open (when they ſaw opportunity) to proceed further, and to carry all the reſt; which ſome among them did not forbear to threaten, and that loudly enough, as many perſons of credit yet alive can teſtifie. And wherein ſoever he did but queſtion them (not by Suites at Law, but by Diſcourſe onelyonly) they proclaimed him covetous, contentious, and one that claimed what was theirs, not his.
The Doctor now found it high time once more to endeavor to bring things to ſome iſſue and Concluſion in his life time, to prevent the unavoydable Oppreſſions, which otherwiſe would after his deceaſe, in all probability light on his Family, who knew little of the Difference, and leſs, how to defend their Right againſt ſuch Adverſaries. He therefore reſolved before he began any Suite at Law againſt the Corporation, to write once more to a Leader among them (and a chief inſtrument at firſt of all theſe differences) Mr Thomas Salmon, in hope that he being a Magiſtrate of the Town, and (in common repute) an honeſt man, would do his endeavour to put an end to all Controverſies; the rather, becauſe he was one of their Atturneys and Deputies to make and ſeal the Agreement with the Doctor above recited. For the non-performance whereof, the Doctor had before called him and the reſt into the Chancery; where, in their Anſwer, the Corporation denyed their Letter of Attorney, as to ending any differences with the Doctor; and Morgan and Salmon, in their Anſwers, pleaded they were ſurpriſed; which is a groſs untruth. The Letter which the Doctor wrote, was this:
Sir,
IT is above five yeers ſithence your ſelf and Mr. Robert Morgan made a full Agreement with me in behalf of your Corporation, touching the differences between them and me in the matter of our Purchaſes. I tendred a draught of a Deed in purſuance thereof to Mr. Smith and ſeveral others of you, in the time of his Maioralty. I was then told, Mr. Morgan ſhould carry it to Mr. Liſlibone Long to peruſe. After which, you would give me further Anſwer. Mr. Long had the peruſal of it, put ſome notes in the Margin. Whereupon a Deed was ingroſſed and tendred to Mr. Rob. Morgan in his laſt Maioralty. He promiſed to call a Chequer, and return their Anſwer. The iſſue was, the ceaſing of proceedings in Chancery, and the renewing of a Reference, to Mr. Long and Col. Harvy. They met divers times, and ſtill the charge was born by me; with promiſe of ſatisfaction by Mr. Morgan of the moyety. But neither have I received my mony, nor any concluſion of the buſineſs. By means whereof both parties ſuffer more and more; nor are there wanting endeavors to make the breach wider.
Mr. Morgan is dead, and you and I be ancient men. It concerns me therefore to preſs on for an iſſue, while we continue alive, to prevent trouble and charge to poſterity. I deſire you therefore to procure the Deed to be Sealed, according to the Agreement, or let me know forthwith your final Anſwer, that I may adviſe with Counſel what is fit further to be done by,
Sir, Your loving friend, C. Burges. From my Houſe, Octob. 16. 1654. For my honoured friend Mr. Tho. Salmon one of the Maſters of the City of Wells: Theſe.
They anſwered the 27. of that MonethMonth by their Town-Clerk John Standiſh (as ſcorning, or aſhamed to give it themſelves) That the Doctors Letter had been offered and read to the Maior and the reſt at their Chequer, to which they commanded him to give this Anſwer.
That they were ſorry that there was a difference at any time between him and them; ſuppoſing that what ſo was, was cauſleſly ſtarted by him, without any wrong done, or intention thereof to be done to him by them; but that on the contrary he thereby intended their injury, by intruding on their proper Rights and intereſts; which likewiſe is ſuppoſed he very well knew.
That they in their own concernments, are as diſpleaſed as he, that this frivolous*250 l. per an. is but a trifle with them. and contentious jar hath received no full concluſion as yet; notwithſtanding the many References, wherein the ſeveral Referrees have not failed on their parts to do the Offices of very loving friends with their unwearied pains and ſtudies; which what they have both done and ſaid, might ſatisfie, if the reſtleſs humors of ſome men might once receive ſatisfaction.
That they directly know not, who was at the charge of the Referrees meetings, imagining that Mr. Morgan in his life would neither ſo much undervalue the Corporation or himſelf, as to be beholding to you as it were their Common Enemy, for half a meals meat. But, if he did, and made you a promiſe, you muſt look after it.
That as they were not Authors of the breach at firſt, ſo neither are they willing to imbrace any thing that may widen the ſame, if it may be poſſible to be cloſed. But if it may not be, they are reſolved to defend themſelves in their own propriety as well as they may.
That as he remembreth mortality in his Lines, ſo that he would put the ſame in ure in the paſſage of his life, in being content with his own, and not diſturb the quiet of others with vexatious ſuits; that their living Corporation and his preſent ſelf, and future poſterity may be, and continue friends.
That they intend nothing leſs, then really to perform what Concluſion either the joint Counſel, or Referrees ſhall indifferently conſider of, or adjudge between them and him. But, whether there yet hath been an end made, and writings accordingly drawn up and ingroſſed, or where ſuch ingroſſment is, they as yet know not. But promiſe that Mr. Morgan's Study ſhould be forthwith ſearcht after it.
This was Declaration enough of their purpoſes to hold all that they had ſo fraudulently gotten into their Deed of Purchaſe. What will not ſuch men ſpeak of the Dr. to others, that can have the forehead to write thus to himſelf, to juſtifie themſelves in ſeizing upon what they never bought; and, to charge him with intruding on their proper Rights and Intereſts, for demanding his own, as both the Contractors and Committee of Parliament had expreſly declared long before?
They confeſs ſeveral References, and juſtifie the Referrees; and tax the Doctor as not ſatisfied with what the Referrees had done: whereas the Agreements made, were ſent down to themſelves, and there ſtifled and buried: their Referree, Sir Liſlibone Long having told the Doctors Referree, that the Corporation did not like thoſe Agreements, as is before atteſted upon Oath. Let any man judge where thoſe reſtleſs humors, that will not once receive ſatisfaction, are lodged.
And is it not a peece of great honeſty and gallantry (well becoming ſuch a Corporation that would by no means be undervalued) to charge the Doctor, to be their Common Enemy, and to put him to bear the whole charge of the Referrees meetings; and then, to tell him, that if any promiſe were made for repayment, he might look after it: that is, where he could get it. Whereas the promiſe was made by one of themſelves in behalf of all, in their own buſineſs; and, by their own appointment, Referred.
They indeed, in the cloſe, deal plainly. For, in this anſwer of theirs, Sect. 6. They tell him, That they intend NOTHING LESS then really to perform what Concluſion either the joint Counſel, or Referrees ſhall indifferently conſider of, or adjudge between them and him. And verily, this only he hath found to be true all along. Therefore finding a neceſſity of it, he did commence a ſuit againſt ſome of their Officers and Agents, in Hillary Term 1655. in which he and the Defendants joyned iſſue: but he forbore the Trial, to ſee if by any fairer way he might at length reduce them to Reaſon.
But, before that time, even in the end of the yeer 1654. after he had received that anſwer laſt mentioned from the Town, he Petitioned the Honorable Committee for removing Obſtructions, to Hear and Determine the Report that was to have been made to the Parliament in this Cauſe, according to the Power given them by that Act of Parliament, Octob. 12. 1652. Summons being granted the 9 of May 1655. they appeared, and were heard June 20. then next following. The ſaid Report being read, was Referred to Mr. Jukes, of Counſel for the Commonwealth with the Truſtees for the ſale of the ſaid Lands, to peruſe the ſaid Report, and all ſuch papers, Orders, Affidavits, and Writings as ſhould be offered unto him by parties concerned on either ſide, and to ſtate the whole Caſe in difference, and make Report therein by the 4 of July then next. And for better ſtating of the Caſe, that Edward Noel their Clerk, ſhould tranſmit unto the ſaid Counſel, all ſuch Papers, Orders, Affidavits, and Writings remaining with him touching the premiſes, as ſhould be thought meet by the ſaid parties concerned, or either of them.
But the Agents for the Corporation who were preſent at the making of this Order (perceiving that this courſe would not be for their advantage) went the very next day (unknown to the Doctor) to the Contractors for the ſale of Biſhops Lands, and delivered in theſe Lines:
Gentlemen,
WHereas it hath been a long time queſtioned that the Corporation of Wells have gotten more into their Conveyance then really they purchaſed, It is now our deſire in behalf of the ſaid Corporation, to purchaſe and pay for what ſhall be made really appear is not already purchaſed by them. We confeſs the Burrough Rents is not yet purchaſed, amounting to 4 l. 17 s. per annum, of which we deſire a Particular, as alſo of anything that is yet uncontracted for by the Corporation, as to the Baylywick, or any thing elſe within our purchaſe, or within the Mannor of Wells unpurchaſed.
Your Servants, John Casbeard, John Standiſh, David Barret, Agents for the Corporation of Wells. 21 June 1655.
Allowed a Particular to be made out againſt Friday next, and Doctor Burges to be then heard. T. A.*
Copia vera. Ex. per William Tayleure.
Dr. Burges was not then heard, nor had any notice of this Warrant. Mr. Jukes having received the Commiſſioners Order of June 20. appointed the next Saturday being the 30 day of the ſame monethmonth, at two of the Clock in the afternoon at his Chamber in the Inner-Temple, to peruſe ſuch Papers, Orders, Affidavits, and Writings as ſhould be offered unto him by parties concerned on eitherſide, in order to the stating of the whole Caſe in difference, according to the ſaid Order of the Commiſſioners.
Row. Jewkes. 27 Jun. 1655.
Upon the 30 of that month of June, both ſides appeared. All papers and writings were brought in. Mr. Jewkes examined all: and afterwards Certified as followeth.