A Case Concerning the Buying of Bishops Land, Part 2 · Letter 10 – Letter 18
To the Right Honorable the Commiſſioners for removing of Obſtructions in the ſale of the late Biſhops Lands.
ACcording to your Order of the 20 of June laſt, made in the Cauſe upon the Petition of Cornelius Burges Doctor in Divinity, againſt the Maior, Maſters and Burgeſſes of Wells, touching the matters therein mentioned, whereby it was referred to me to peruſe the Report therein mentioned to have been made to the late Committee of Parliament, and all ſuch Papers, Orders, Affidavits, and Writings as ſhould be offered unto me by parties concerned on either ſide, and ſtate the whole Caſe in difference, and make Report therein by the 4 of this monethmonth. And for the better ſtating of the Caſe, that Mr. Noel your Clerk, ſhould tranſmit to me all ſuch Papers, Affidavits and Writings remaining with him, touching the premiſes, as ſhould be thought meet by the ſaid Parties concerned, or either of them. I have peruſed all the Papers tranſmitted to me by Mr. Noel: and, amongſt others, a Paper without either date or direction, but ſubſcribed with the name of Edmond Harvy, and certified by Mr. Noel (by an indorſement thereupon, Dated 27 of June laſt, and ſubſcribed with his name) to be the Report which was delivered in by Col. Harvy to the late Committee of Parliament for removing Obſtructions mentioned in their Order of the 5 of April 1649. to be then read; and alſo read the 8 of May 1650. before the ſaid Committee without any alteration, ſo far as he could remember; and then Ordered to be reported to the Parliament, unleſs, &c. as in that Order, and to have the 20 of that monethmonth offered it to you to be proceeded upon. And, upon peruſal thereof, finding the Caſe therein, as I conceive, fully ſtated; and, that I might therein the better ſatisfie the parties, and Return to you the clearer account thereof, I did in the preſence both of the ſaid Doctor Burges, and of Mr. Dodington of Counſel with the Coporation of Wells, and of Mr. Caſebeard and others in behalf of the ſaid Corporation, read the ſaid Report, and examine the ſame with the Certificates, Orders, and Letters therein mentioned. All which were produced, ſave only the Letter of Atturny, and the Letter in Decemb. 1647. mentioned in the ſaid Report, both which (though neither of them were produced) Mr. Caſebeard acknowledged: and, upon examination, it was agreed on both ſides, that there were ſuch Orders, Certificates and Letters as in that Report are mentioned.
And therefore finding this thus agreed on both ſides, and finding this Caſe already ſtated by that Report to the late Committee for removing of Obſtructions, &c. And humbly (with your favour) conceiving that the proceedings which were before them, and from them tranſmitted to you, are the grounds of your proceedings in this Cauſe; and there not appearing to me any evidence, proof, or other Cauſe to alter, or impeach that Report, I do, as to the matter of fact, humbly refer to that Report wherein it is already ſtated.
But there having been now produced to me by the ſaid Doctor Burges, Copies atteſted under Mr. Noel's hand, ſeveral Orders not mentioned in the ſaid Report, made to the ſaid late Committee there, I do humbly Certifie them, as thoſe which I conceive material for the further clearing of the matter of fact in this Cauſe, viz.
An Order of the fifth of April, 1649. which I took to be that of that date in the ſaid Certificate of Mr. Noel, wherein it is mentioned, That upon the 27 of February laſt, between the Town of Wells and the Contractors for ſale of Biſhops Lands, and upon confeſſion of John Caſebeard Agent for the ſaid Town then preſent, it appeared that both the Contract ſigned by the ſaid Caſebeard on the behalf of the ſaid 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 ſaid Contract was made; which firſt Particular was taken away by Caſebeard and others from the Contractors, and would not then be found: it was Ordered that the ſaid Caſebeard and Thomas Salmon the Mayor of Wells, ſhould be forthwith ſummoned to attend that Committee within ten days after notice thereof, and then produce the ſaid firſt Particular upon which the ſaid Contract was made, &c. as thereby further appears.
And underneath this Copy is written thus:
Die Jovis 5 April. 1649.
Colonel Harvy delivered in his Report concerning the Contractors and the Town of Wells, according to former order of this Committee, which Report was read.
This is atteſted by Mr Noel to be a true Copy.
An Order of the eighth of May 1650. wherein it is mentioned, That the Report formerly made by Colonel Harvy touching the buſineſs of the purchaſe made by the Mayor, Maſters and Burgeſſes of Wells, was that day read; and upon debate thereof, it was ordered to be reported to the Houſe, as it then was; unleſs the Mayor, Maſters and Burgeſſes of Wells did before that day monethmonth give ſatisfaction to a Sub-Committee touching the ſame. And it was ordered, That Colonel Jones, Mr. John Corbet, Alderman Allen, and Colonel Harvy, be the ſaid Sub-Committee, and they, or any three of them, were deſired to receive what ſhould be offered, by or on the behalf of the ſaid Mayor, Maſters and Burgeſſes of Wells, and to report the ſame to that Committee.
All which, with reference to the ſaid Report, Orders and Certificates (which, together with the reſt of the Papers tranſmitted by Mr. Noel to me, are all herewith reſtored) and humbly ſubmitted to your Judgments.
2 Jul. 1655. Row. Jewkes.
This Report being read the fourth of July 1655. before the ſaid Commiſſioners for Obſtructions, in preſence of both parties; and afterwards fully debated, this following Order was made.
4 July 1655. By the Commiſſioners for removing of Obſtructions in the ſale of Biſhops Lands.
ƲPon reading of the Report of Mr. Jewkes made in purſuance of our Order of the 20 of June laſt, in the cauſe in difference between Dr. Burges and the Town of Wells, Thomas Salmon, and John Caſebeard, and alſo the Report ſigned by Colonel Harvy, and hearing of Counſel and Parties on all ſides, it is thought fit and ordered that it be referred to the Contractors for ſale of the ſaid Lands, and they deſired to conſider of the ſaid matters in difference: and if they can, to conclude the buſineſs by ſale, and conveying to Dr. Burges, what ever is contained in the ſaid Report belonging to the Mannor of Wells: and, what belongs to the Hundred of Wells, to the Mayor and Burgeſſes of Wells, according to the ſaid Report. And to recal the Conveyances. And if there be not a Submiſſion to what the Contractors ſhall Order them, to certifie to us the party that ſhall ſo refuſe.
On the ſixth of July then inſtant, the Contractors ſitting, Doctor Burges delivered to them the Order laſt foregoing. But the whole being now under a Reference, Doctor Burges firſt deſired the Contractors to ask the Agents of Wells then preſent, if they had any Letter of Attorney impowring them to ſubmit to a Reference? they anſwered, No. The Doctor then told them, it was in vain to proceed till they were impowred hereunto, for that the Town would ſtand to no Reference, if they liked not the Concluſion.
It was anſwered, That they would no doubt ere long obtain power to ſubmit to it. The Doctor then deſired all might be reſpited till that time. Only he gave in a Writing to teſtifie his ſubmiſſion, ſo far as the buſineſs was before the ſaid Commiſſioners for Obſtructions; ſaving to himſelf, the reſt. This was not accepted. Upon this, both parties were diſmiſſed ſine die. No word was then ſpoken of the Towns intention to make a new purchaſe, nor of the Warrant made for a Particular, wherein it was ordered, that the Doctor ſhould be heard; which he was not, until they had made their ſecond purchaſe.
In Auguſt 1655. the Town deſired Mr. Dodington, their then Recorder, to treat with the Doctor about their differences. This Mr. Doddington accordingly did. The Doctor freely yeilded to the Town (for he had never queſtioned it) All Royalties of VVells, and Wells Hundred, the two fairs of Priddy and Bineger, the collecting of all Poſt-fines, and amercements iſſuing out of the Exchequer, the Leets or Law-days, and three weeken Courts, and Courts of Record, the four Fairs in VVells after three lives in being, the Markets and Bayliffwick.
The things he ſtood upon to have, were, All their claim to, and title and intereſt in any part of the Mannor of Wells, with the Rights, Members and Appurtenances; and himſelf and Tenants to be vvholy freed from all Juriſdiction of the Corporation: alſo the Guild Hall and Priſon, vvhichwhich ever belonged to the Lord of the Mannor, and vvas not really purchaſed by them, nor could be, it being not returned till after their Contract: all hawking, hunting, fiſhing, fowling, vvithing his Mannor: all Pounds, Waives and Strayes there, all Deodands, Felons Goods, &c. happening on his Mannor, the Ways and Streets, and ſoyle thereof, &c. all Courts Baron, and Minery Courts within his Mannor.
Mr. Doddington asked if this were all? the Doctor anſwered, Yea: then ſaid Mr. Doddington, We will have an end of theſe to your content: I will come again to Wells this Summer, and put a Concluſion to it. But he came not. Whereupon Doctor Burges waited upon him at Lincolns-Inn, about the midſt of October following; and it was there agreed, that on Friday ſeven-night after, Mr. Doddington ſhould come to the Doctors lodging, and make a full end of all.
But before that day, the Town ſent up by Mr. Standiſh and David Barret a Letter of Atturny dated Octob. 22. 1655. to Authorize him, them and ſome others to anſwer all the Doctors complaints, and Objections: to buy the Burrough rents, Baylywick and whatever was then unſold: but not one word of ſubmitting to the Co…tractors: taxing the Doctor with cauſleſs conteſts, &c. and juſtifying themſelves in all that they had claimed and uſurped.
Being come to London, they forthwith acquainted Mr. Doddington herewith; and no perſwaſions of his for ending of the Controverſies in the way wherein he and the Doctor agreed, could prevail; but, before the Doctor knew any thing of their intentions of a new purchaſe, they Contracted, upon the 26 of October then inſtant (which was but the fourth day after the date of the Letter of Attorney) for the Bayliffwick, the Guild Hall and Priſon, the Burrough Rents, and ſeven Canonical Houſes in Wells (compriſed within the Doctors firſt purchaſe; and which he often offered to pay for, had it been accepted on the terms contained in his firſt Contract) never giving him notice that he might have been heard, as they had been ordered to do, June 21. 1655.
This now began more Broyles and ſharp Contentions on their parts, which were after tryed at the Common Plea's Bar, where the Doctor had fair Juſtice done him by the honourable Court, and Jurors. Howbeit, by the failer of ſome Witneſſes who came not; but eſpecially, by means of a deſperate Oath made by one that was a party, who knew what he ſware to be falſe, a Verdict and Judgment paſſed againſt the Doctor, and he was thereupon outed of thoſe Houſes, &c. But the Narration of the foul carriage of the Agents of that Corporation in that whole buſineſs, is not here intended. OnelyOnly this may be taken notice of, that whereas they were referred to a Trial at Law, by the Commiſſioners for Obſtructions, June 23. 1655. upon the account of their ſaid ſecond purchaſe alone; they, at the Trial, produced onelyonly their firſt Conveyance dated in March 1647. to prove their Title to the Chambers over the Priſon; and, upon that, carried them (even after thoſe rooms had been adjudged to the Doctor by the Committee of Parliament for Obſtructions, in the year 1649.) albeit they had not, till ſeven years after, indeed purchaſed the Priſon under thoſe Chambers.
With this Conqueſt, the Corporation, their Agents, Officers and Tenants vvere ſo fleſht, that now they ſuppoſed they might do any thing againſt the Doctor; inſomuch as it grew to a common ſpeech, that whoever hath any trial vvith him, may be ſure to carry it, be the Cauſe what it vvill. And upon this account, their Agents came upon his Land, took away a Mare (vvhichwhich they might, vvith as good vvarrant, have robbed him of) upon an illegal Preſentment, touching the repair of a Bridge (of vvhichwhich he never heard word, till the time ſet for repairing, vvas expired:) for vvhichwhich Mare he took a Replevin, granted by their own Steward; but Mr Mead (the arch-incendiary between them and him) denyed the execution of it, and cauſed the Mare to be kept in a ſecret place vvhere the Doctor might not come at her, nor know where ſhe vvas.
Doctor Burges vvaited a while, to ſee if the Corporation vvould right him. But they owned all; for having kept her from him, from July 1657. till April 1658. they then ſold her. And, vvhen the Buyer (fearing belike, he might be queſtioned) craved a Certificate of his buying of her, This Certificate was given him.
Wells City in the County of Somerſet.
THeſe are to certifie all whom it may concern, that this preſent firſt day of April, 1658. Lewes Love-lace of Cardiff in the County of Glamorgan in Wales (as he ſaith) bought one white Mare, with an S. in the neer Buttock, which Mare did belong to this Corporation, and by the ſaid Corporation ſold unto the ſaid Love-lace. In teſtimony whereof I have hereunto ſet my Hand and Seal of Mayoralty the day and yeer aforeſaid.
W. S. Mayor.
Not content with this, they endeavoured to draw in one Amur, a young fellow of very mean condition, that newly ſet up the Trade of a Carpenter, or mungrel-Joyner, to buy not onelyonly the Guild-Hall and Priſon, but the Chambers or Rooms over the Priſon. The Doctor hearing of it, ſent for him, and let him know, it would not be ſafe for him to purchaſe things in Controverſie: and that, albeit they had gotten it by a Trial at Law, yet he meant not ſo to give it over.
Amur thank't the Doctor for this friendly premonition, and promiſed not to purchaſe it. But afterwards he vvas ſo far drawn in, that he did purchaſe the ſaid Guild-hall, Priſon and Chambers over it (as he hath ſince ſaid) of the ſaid Corporation, (who had forfeited that, and all the reſt of their ſecond purchaſe, above two yeers before.) And vvhen he had got Poſſeſſion of it, he did ſo affront the Doctor, both in vvords and deeds, as (it is doubted) vvill in the iſſue fall too heavie upon himſelf. And for all, he pretends the Order and Warrant of the Corporation.
Theſe affronts, ſeconded with perpetual ſcorns, deriſions, and raylings, (eſpecially by one Bridger,) inforced him upon mature advice, to commence ſome Suites at Law againſt their Agents; yet not one half ſo many, as their bold Town-Clerk, and Mr Mead, more ſuo (it being afternoon) averred to the Commiſsioners for Obſtructions, in June 1658.
But the Doctor, remembring how much it ſtill concerns him to ſeek peace and to purſue it, even vvhen it flies moſt from him, forbore a Tryal at Law for that preſent, and petitioned the honourable Commiſſioners for removing of Obſtructions, to hear and determine all differences between him and that Corporation. Summons thereupon iſſuing, in May laſt, The Corporation, by their Agents and Counſel appeared before the ſaid Commiſſioners, the 23 of June laſt, and were heard.
See the Order June 23. 1658.AT vvhichwhich hearing, the Counſel for the Town alledged, That there had been a Tryal in the Caſe, at the Common Plea's Bar by conſent; and upon that Tryal, the Town of Wells obtained a Verdict, Judgment, and Execution; and that the ſaid Tryal was (by like conſent) to be final, as to the Tenements in queſtion between them; and produced a Rule of the ſaid Court, to that purpoſe and effect; and that the Petitioner hath divers Actions depending at Law; and therefore moved that the whole matter might be left to Law.
But, Doctor Burges being preſent, alledged that he was vvilling to ſtand to the judgements of the ſaid Commiſſioners upon the vvhole matters in Difference, and to vvave proceedings at Law. And that his preſent Addreſſes to them, vvere, for Hearing and Determining of a Report Ordered by the Committee for removing Obſtructions to have been Reported to the Parliament; and, by the Parliament Referred to their determination. That he inſiſted not upon the Title of thoſe Houſes vvhichwhich by their Order vvas referred to Law, and there tryed; unleſs of thoſe Canonical Houſes and Burrough Rents adjudged to him by former Orders of the ſaid late Committee. And prayed a Confirmation of the Orders of the ſaid late Committee of Parliament for preventing of further Suites, &c. Upon conſideration of all which, and of what vvas further offered on both ſides, It vvas Ordered, that the (ſaid) Cauſe between the ſaid Doctor Burges, and the Mayor, Maſters, and Burgeſſes of Wells, their Agents and Tenants (ſhould) be taken into Conſideration on Friday, the 12 of November (then) next, in the forenoon, the ſaid Dr Burges having given his Conſent that all proceedings at Law, concerning any matter to be heard by them (the Commiſſioners) ſhould be ſtayed in the mean time, Mr White of Counſel for the Defendants being preſent taking notice of this Order.
But vvhen this was Ordered, the Commiſſioners, at the ſame time adviſed, that all Differences might in the mean time, be, by ſome reference, ended by friends; Doctor Burges taking hint from thence, held it his duty to attempt this, yet once more, as well knowing that the determining of Controverſies by conſent, ever produceth a more firm and laſting peace, than a forced Concluſion. Therefore he made his Addreſſes to their greateſt friend, the Lord Disbrow; and obtained of his Lordſhip, firſt a peruſal of moſt of the Orders and Papers before recited, by which he might be fully enformed of the true State of the Cauſe; and then, a recommendation of it to friends in theſe words:
WHereas upon ſerious and Chriſtian conſideration, it is held fit and neceſſary that there be a firm and ſpeedy Agreement made between the Mayor, Maſters and Burgeſſes of Wells on the one part, and Doctor Cornelius Burges on the other part, touching ALL Controverſies and Differences between them. To which end, the right honourable the Lord Disbrow, hath, out of his earneſt and pious deſire of the good of both parties, propounded, that Robert Hunt, John Harrington, Francis Roll and John Buckland Eſquires, being perſons of known abilities and integrity, ſhould be joyntly deſired, and indifferenly choſen by the ſaid Corporation and Dr Burges, to be Arbitrators to hear and determine All matters in difference between the ſaid Parties, either by themſelves the ſaid Arbitrators, or by the major part of them. To vvhichwhich the ſaid Dr Burges hath very willingly aſſented: upon condition, That the Parties do mutually become bound in a Bond obilgatory of two thouſands pounds each to other, to ſubmit unto, and to execute and perform the Award of the ſaid Arbitrators, or of the major part of them, or of the Umpire choſen by them, before they enter upon debate of the Differences. And that ſuch choyce of the ſaid Umpire ſo made, be given in writing to each of the Parties, under the Hands and Seals of the ſaid Arbitrators, at the beginning of the ſaid Treaty, upon the ſealing and delivery of the Bonds aforeſaid by both Parties to each other, in preſence of the ſaid Arbitrators, at the firſt meeting: And alſo that the ſaid Award, or Umpirage be made, and a Duplicate thereof written, Signed, Sealed, and delivered to each party concerned therein, before the firſt day of October next coming: And that the charge of all meetings of the ſaid Arbitrators and Umpiere hereabout, and of writing, and other incident expences, be equally born by the ſaid Corporation and Dr. Burges.
C. Burges.
White-Hall Jul. 1. 1658.
I deſire a Concurrence in both parties to what is here propounded.
JOHN DISBROW.
This, by his Lordſhips direction was brought to him Jul. 1. of which he deſired a Copy to be given by himſelf to the other ſide; which was done, and delivered to them ere he Signed the Paper before ſet down: for he did not Sign it until July 5. So ſoon as the Doctor got home to Wells, he gave notice thereof to the Maior; and ſhortly after, attended the Maior at his houſe for proſecuting of this courſe. Their Recorder and Town-Clerk, then preſent, ſaid, that they told the Lord Diſbrow when they received the Paper from him, that as touching the Houſes by them recovered at Law (the trial being to be final, by conſent) the Corporation could not refer them, becauſe there was now no difference between them and the Doctor; and therefore no Reaſon they ſhould be referred: and that his Lordſhip thought ſo too.
To this the Doctor anſwered, that his Lordſhip ſpoke nothing to him of ſuch an exception, when he Signed the Reference, after they had ſo ſpoken unto him. But he muſt inſiſt upon thoſe, as now the chief difference: becauſe albeit the Trial was by conſent, to be final; yet this was only to aſſure the Court in which it was tried, that they ſhould be no more troubled therewith: nor did he ever conſent upon ſuch an account, that if the Cauſe were carried by a falſe Oath (as that was) he ſhould never ſeek juſtice elſewhere: it being very well known, that no conſent or Order in one Court, can bind up any man from ſeeking remedy in another.
The Maior promiſed to acquaint his Brethren with it at a Chequer, which he accordingly did; and having read the Paper of Reference to them Signed by the Lord Disbrow, they thereupon made this following Order.
At the Convocation held the 23. of July 1658. theſe were preſent.
Mr. William Smith Maior.
Mr. Rich. Thomas.
Mr. Hugh Merefield.
Mr. Sam. Read.
Mr. Robert Hurman.
Mr. Thomas Salmon.
Mr. Richard Fryer.
Mr. Joſ. Gallington.
Mr. John Davidg.
Mr. Thomas Nixon.
Mr. Robert Hill.
Mr. Robert Hole.
Mr. Hen Baron.
AT this meeting this Houſe being acquainted with the tranſactions that paſſed this laſt Term between the Corporation and Doctor Burges, and of the interpoſition made by the Right Honourable John Lord Disbrow, and his mediation of peace, and of the propoſals made by Dr. Burges, to Mr. Maior and our Recorder, ſince his coming into the Country, in purſuance of a Reference: It is agreed by all here preſent, that Mr. Maior, Mr. Recorder, Mr. Salmon, Mr. Mead, Mr. Gallington, and Mr. Standiſh be intreated to take upon them the burden of meeting and anſwering the demands of Dr. Burges, and of conſulting together, what is to be done concerning the ſaid Reference. And this Houſe doth likewiſe agree, and they will aſſent unto whatſoever the ſaid Gentlemen, or any five or four of them ſhall do in the premiſes. Provided that when they have brought things to a good perfection, that they at the next meeting of this Houſe afterwards, being thereunto required, ſhall give an exact account of their proceedings.
A true Copy, examined by me, John Standiſh T.C.
Upon this, Mr. Maior and Dr. Burges agreed upon a Letter to be drawn up, and Signed by them both, and after ſent to each of the four Gentlemen before named in the Reference (together with a Copy thereof) which was ſent by one of the Corporation and one of the Doctor's ſons (going together) to every one of them, as followeth.
Honourable Sir,
IT is the pious deſire and endeavour of our Noble friend the Lord Disbrow, that all Differences between the Corporation of Wells and Doctor Burges ſhould be friendly compoſed by your ſelf and the other Gentlemen mentioned in the incloſed Paper, which is a true Copy of the writing which his Lordſhip hath Signed.
Our humble and joynt requeſt to you is, that you will pleaſe to do us that office of piety and love, to meet the reſt of the Gentlemen, at the Sign of the Crown in Wells upon Thurſday in the next week, there to confer and agree upon the courſe of proceeding herein: and upon a further meeting afterwards to make us both happy, by perfecting that work which we on both ſides cordially deſire as the greateſt obligation you can lay upon, Sir,
Your humble Servants, moſt ready to ſerve you.
C. Burges.
Will. Smith.
Wells, Jul. 28. 1658.
On Thurſd. Aug. 5. Mr. Roll, Mr. Buckland and Mr. Harrington met accordingly; the Maior, Recorder, Town-Clerk, and Mr. Thomas Mead (Agents for the Town) were preſent. Theſe Agents firſt preſſed Dr. Burges to give in a Paper in writing, of the differences between him and the Town, before Bonds (which the Town-Clerk had drawn) were ſealed, or the Umpire choſen: which the Dr. for a while refuſed, becauſe the firſt thing to be done was the chuſing of an Umpire, and Sealing the Bonds: but they ſtill inſiſting upon giving in the Heads of the differences, the Dr. gave in theſe:
The Differences concern,
1. All the incroachments and intrenchments of the Maior, Maſters and Burgeſſes of Wells, and of their Agents and Inſtruments upon the Mannor of Wells, and what ever elſe of the late Poſſeſſions and Hereditaments of the late Biſhop of Bath and Wells, that hath not truly and indeed been ſold before the 16 day of March 1648. within the Mannor or Burrough of Wells, although paſſed by General words, by ſurprize, in any Conveyance to the ſaid Maior, Maſters and Burgeſſes.
2. Their ſecond Purchaſe made in the yeer 1655.
3. The Cathedral Church in Wells and the Liberty thereof.
4. The Biſhops Alms-Houſes in Wells.
Aug. 5. 1658.
Theſe are are all the Heads of the differences I ſhall inſist upon, unleſs the Corporation ſhall own any private Differences or ſuits between me and others.
C. Burges.
In the draught of the Bond that was to be ſealed by the Corporation, no particular perſons were named in it; but it runs thus: We the Maior, Masters and Burgeſſes, &c. Doctor Burges excepted againſt this, and deſired their ſeveral names might be expreſſed in the Bond: for that a Bond being a perſonal ſecurity, could not after be put in ſuit againſt any perſon or perſons, but ſuch as are here named in it. This ſpent ſome time in Diſpute. But upon the motion of one of the Referrees, it was at length reſolved, That the Bonds then drawn up ſhould be ſealed, de bene eſſe, till the Doctor ſhould be ſatisfied by Counſel. And, if Counſel ſhould declare ſuch Bond to be invalid, the Town ſhould ſeal another. Then Mr. Harrington was requeſted by the other two Gentlemen (who intended to return to their homes that night) to receive and keep the Bonds on both ſides till the Doctor had at the approaching Aſſizes, or elſewhere, received ſatisfaction from his Counſel. The Bonds were to be ſealed the next morning, and Mr. Harrington agreed to receive them.
On the ſame fifth of Auguſt, the Agents for the Town, when they had read the Differences given in by the Doctor, they excepted againſt the ſecond, as being now no Difference, ſeeing it had been concluded by a Trial at Law, which by conſent was to be final. The Doctor repeated what he had before ſpoken in private to the Maior in anſwer thereunto; adding this, That ſo ſoon as the Umpire was choſen, and the Bonds ſealed, they might, if they pleaſed, urge this to the Referrees, without prejudice: for when theſe Gentlemen had heard the reaſons on both ſides, they would eaſily judge whether that were now a difference or not. And if they found cauſe to adjudge it to be none, they knew the Doctor would be faſt enough bound to ſtand to that Declaration as part of the Award.
This at the preſent ſeemed to ſatisfie: but theſe things were ſo long in debate, that nothing more could be done that day, but onelyonly to order the preparing of the Bonds againſt the next morning.
Friday being come, Auguſt 6. Mr. Buckland (who went not home on Thurſday night as he had intended) and Mr. Harrington met again in the ſame place, expecting the ſealing of the Bonds. But inſteed thereof, the Maior, the Town-Clerk, and two Gentlemen more of the Town, told the Referrees, That the Corporation had that morning met, and reſolved, That neither now, nor hereafter would they become bound to the Doctor by their perſonal named: and that they were now alſo reſolved, That their ſecond purchaſe ſhould not be referred as a Difference, but be excepted out of the Reference, in the Condition of the Bonds.
Dr. Burges then preſſed the Agreement made the day before, for altering the Bond, if by Counſel it ſhould be found to be of no force. And next, that the putting ſuch an exception in the condition of the Bond, was not at all mentioned on the Thurſday. And if they excepted that difference, it muſt needs argue their diſſidence in the Gentlemen joyntly choſen to arbitrate the whole; yea, that if before Bonds were ſealed, the Corporation would thus limit and bind up their own Agents, there could not be any hope of their ſtanding to any thing debated and determined by thoſe Gentlemen.
Hereupon the Doctor drew up and delivered a ſecond paper, at the ſame time, to the ſaid Mr. Buckland and Mr. Harrington, in the preſence of the other ſide; which Paper contained the ſame Heads of Differences he had given in the day before: whereunto he added the following Lines, viz.
Now foraſmuch as the Reference ſigned by the Lord Disbrow, July 5. 1658. (ſince he ſpake with the Agents for the Town) expreſſeth ALL Differences, without exception; and, that not onelyonly the Maior ſubſcribing Letters to all the Arbitrators, but two ſeveral Acts of the Council or Convocation of the Corporation of Wells (the one held July 23 laſt, the other Auguſt 2 inſtant) enabling ſeveral of their Members to treat, and to proſecute the Reference ſo ſigned, do not at all except any of the particulars above mentioned: I do abſolutely refer all, without exception, to the ſaid Arbitrators, or to the major part of them, or to the Umpire choſen by them, according to the ſaid draught of Reference ſigned by the Lord Disbrow: not waving the ſame in any thing; and do earneſtly deſire the Corporation to do the like; foraſmuch as without this, there can be no firm peace.
C. Burges. May 6. 1658.
The Agents for the Town pleaded that their hands were bound up, ſo that they could not yeild hereunto. Preſently after, the Gentlemen brake up that meeting, and never more met about it. Whereupon the Doctor having drawn up the ſhort Narrative foregoing in Writing of the Proceedings at that time, the Gentlemen were pleaſed to certifie the truth thereof thus.
This is the ſubſtance of what paſſed in the Reference between Dr. Burges and the Corporation of Wells.
John Buckland. John Harrington.
Mr. Roll did the like for ſo much as paſſed on the Thurſday, Aug. 5.
This Reference (as all other before had done) coming to nothing, the Doctor was now neceſſitated to attend the honourable Commiſſioners for removing of Obſtructions, for an Hearing at Worceſter Houſe, Nov. 12. according to their laſt Order. But ſome of the Commiſſioners being then abſent, the Hearing was put off until the 25 of November, which was no ordinary ſitting day, but aſſigned on purpoſe for that only buſineſs, that nothing might intervene to interrupt them in the full hearing of it.
That day being come, both ſides, with their Counſel, attended. The honourable Commiſſioners entered upon the Cauſe a little after three of clock, which held until paſt eight at night. And having fully heard both ſides, and after debated the whole alone by themſelves, they made this following Order.