A Case Concerning the Buying of Bishops Land, Part 2 · Letter 1 – Contract 1
Mr. Caſebeard,
HAving by your means received information that the Biſhops lands are now upon ſale;The Towns Letter to Mr. Casbeard. and that you out of your good affection to the Corporation, have had ſome conference with the Truſtees concerning the Royalty of Wells to be purchaſed by the Corporation: We forthwith upon ſuch intimation, met together at the Chequer, and did there unanimouſly conſent, that the purchaſe ſhould be proſecuted with effect: and truly could not but much reſent your love to, and remembrance of the Corporation in this kind. And we thought fit to give you advertiſement what our deſires were to purchaſe, and what the burdens were upon it, that we might with more certainty proceed in the purchaſe.
We deſire to procure and buy the Royalty of the Town and Hundred of VVells and VVells-Forum, that is to ſay, the Baylywick of the Town, the Court of Record, three Weeken-Court, and Leet or Law-day for the Town, the 3 Weeken-Court or Law-day for the Forum, the four Fairs in the Town, and Binegar and Priddy-Fairs, and the chief rents (if they be incident unto the Law-day) and Felons goods and Clerk of the Market, &c. and Return of Writs, and ſuch Iſſues and Amercements as fall upon any Towns-men, whether in our Seſſions, or in the County, which are granted by the Letters Patent of Edw. 4.
For the profits of the Market and four Fairs within the Town, you know it is received, and doth belong to Mr. Gorman the Bayliff, who hath a Patent thereof for his life and young Croſſes.
For the three Weeken-Court, and Court of Record, the profits thereof belong to the Steward, except the Benefit of forfeitures, and other ſmall inconſiderable things. And for the profits of Binegar and Priddy-Fair, it is received by the Bayliff of the Hundred; which after disburſments allowed, the remainder cannot be great.
So as the mean preſent profit muſt ariſe out of the Law-days, and that chiefly upon amercements, wherein extremity may not be uſed (we being the more deſirous to make this purchaſe, that we may be thereby be enabled to ſhew mercy, and not to uſe rigour.)
Thus much in particular we thought fit to inform you, that, as occaſion ſhould be offered, you might the better give ſatisfaction to the Truſtees, and extenuate the price.
We have made bold to write to Mr. Walker and Mr. Long, our Burgeſſes, about this buſineſs, whoſe aſſiſtance and furtherance herein, we preſume will be readily extended to us upon all occaſions. We have alſo written to Mr. Morgan, for his beſt aſſiſtance, who, we know, will be a great furtherer in any thing that concerns the good of the Corporation; and therefore ſhall deſire you by all means to apply your ſelf unto him for his aid and direction; and preſently upon receit, to ſhew him this Letter, that he may ſee our deſires herein, before you conclude.
We ſhall be glad to receive ſome quick notice from you what the loweſt price of the purchaſe deſired may be, and when to be paid, that we may the better know what mony to raiſe, and how to be able to make payment accordingly.
You have herein our deſires, and we ſhall preſume on your care and furtherance; which if it take effect, will be a grand-work for the Corporation, and will not be forgotten by us,
Your very loving friends,
Tho. Salmon Maior.
Barth. Cox.
VVilliam Baron.
Thomas Jones.
Rob. Rowly.
Rich. Caſebeard.
Joſeph Gallington.
VVilliam VVeſt.
Richard Frier.
Robert Hill.
Rob. Hurman.
John Niblet.
Hug. Merefield.
Henry Baron.
Joſ. Plummer.
VVill. Atwel.
Robert Hole.
John Cox, &c.
Wells, Novemb. 28. 1647.
Poſtſcript.
We dare not meddle with the profits of Mendip, it being too high a purchaſe for our purſe.
For our very loving friend Mr. John Caſebeard, at his lodging.
This Letter, John Caſebeard, being by the Contractors Ann. 1648. complained againſt to the Committee of Parliament for removing of obſtructions; produced to that Committee. Beſides which Letter, the Corporation ſent up to London this Letter of Atturny following.
Letter of Atturny. Dec. 4. 1647.KNow all men by theſe preſents, that We the Maior, Maſters, and Burgeſſes of the City or Burrough of VVells in the County of Somerſet, have conſtituted, ordained, and appointed, and by theſe preſents do conſtitute, ordain, and appoint, our truſty friends, Robert Morgan Gent. one of the Maſters of the City or Burrough of VVells in the County of Somerſet, John Cox one of the Capital Burgeſſes of the ſame City or Burrough, and John Caſebeard Gent. one of the Burgeſſes of the ſame City or Burrough, to be our true and lawful Atturnies, for us, and in our names, to treat, contract, and agree with the Honorable Committee of Contractors for the ſale of all Biſhops lands within the Kingdom of England and Dominion of VVales, for the purchaſing of the Inheritance of the Royalty of the Liberty of the City or Burrough of VVells, as alſo of the hundred of Wells and VVells-Forum, and the two Fairs of Priddy and Binegar within the ſaid Hundred. Hereby ratifying, confirming, and allowing, all and whatſoever our ſaid Atturnies, or any two of them, ſhall do for us in the premiſes. In witneſs whereof we have ſet our Seal of Maioralty of the ſaid City, the fourth day of December in the 23 yeer of the Reign of our Soveraign Lord Charls by the Grace of God of England, Scotland, France and Ireland Kings, Defender of the Faith, &c. And in the yeer of our Lord 1647.
Thomas Salmon Maior.
Barthol. Cox.
Tho. Jones.
VVilliam Baron.
VVill. VVest.
Richard Casbeard.
VVill. Smith.
Robert Hill.
Robert Thomas.
John Web.
Hugh Merefield.
William Hiat.
Robert Hurman,
Robert Hole.
William Atwel.
Joſeph Gallington.
Joſeph Plummer.
Joſias Cook.
This Letter of Attorny, which inabled any two of the therein named Attornies, to Contract, being received; one of them adventured ſingle upon the work, and Contracted as followeth.
Die Mercurii 15 Decem. 1647.
AGreed with the Contractors for the Purchaſe of the Royalties of Wells, and Wells forum, in the County of Somerſet, Welby Contractmentioned in the Particular thereof, delivered in under the hand of the Regiſter, and alſo for the Bayliff-wick of the Town and Forum of Wells, aforeſaid, with all and ſingular, the Fairs, Markets, Clerkſhip of the Market, and Profits thereof, and all other things to the ſaid Bayliff-wick pertaining. And alſo for the Office of Stewardſhip, for the Town of Wells aforeſaid; and all Profits and Advantages thereunto belonging, mentioned alſo in the ſaid Particular, at the rate of Twenty Years Purchaſe, for the preſent improved yearly values of all the ſaid premiſes, amounting in toto, to the ſum of nineteen pounds and ten ſhillings in Poſſeſſion. And for an improvement of value upon the ſaid Bayliff-wick, after the determination of three Lives in being, at the rate of four yeers Purchaſe, for the ſaid increaſe of value, being five pounds, thirteen ſhillings and four pence in Reverſion. I ſay, agreed accordingly on the behalf of the Corporation of Wells,
Per me, John Casbeard.
This Contract, ſo refers to the firſt Particular, that without ſight of that, no man can ſay punctually what was purchaſed: but rather what not was purchaſed, till that particular be produced. And whereas the Contract mentions the Bayliff-wick to be but 5 l. 13 s. 4d. improvement, after three Lives in being, it agreeth not with the Survey, which ſaith it is 40l. per annum.
This Contract lay (as the Contractors thought) ſleeping, from the 15 of December, till the 15 of March following. In which time, the Agents of Wells ſlept not; for they being told by ſomebody, that if they could but get the firſt Particular out of the Regiſters hands, and draw up and return another in the room, they might get much more into their Purchaſe and Conveyance, then they had indeed Contracted for. Which ſome, imployed in this Purchaſe, accordingly did. And in room of the firſt Particular, the Particular here following (without any new Contract or warrant from the Contractors) was thruſt in, and brought to the Contractors (March 15.) to ſigne. The Contractors, being by Ordinance of Parliament to look no further then to the Regiſters hand affixed to the Particular, for their Warrant to ſigne the Contract made thereupon, they then uſed not to have the whole read again, but onelyonly the ſums for the Purchaſe to be paid; how much in Poſſeſſion, and how much in Reverſion, and how many yeers Purchaſe for both. Which done, they ſigned it, and gave their Warrant to the Truſtees, for paſſing a Conveyance accordingly.
The laſt Particular, which the Contractors ſigned in March 1647. ran thus: