A Case Concerning the Buying of Bishops Land, Part 2 · Order 6
25 Novemb. 1658. By the Commiſſioners for removing Obſtructions in the ſale of Biſhops Lands.
WHereas the Cauſe upon the Petition of Cornelius Burges Dr. in Divinity, Purchaſer from the Truſtees, for ſale of Biſhops Lands, of the Mannor of Wells, in the County of Somerſet, againſt the Maior, Maſters and Burgeſſes of Wells, and their Agents John Caſebeard, John Standiſh, David Barret, and others (upon a Report of the Caſe drawn up by the late Committee of Parliament for removing Obſtructions, which by their Order of the eighth of May, 1650. was to have been reported to the then Parliament) came before us this day, to be heard and determined, (by Vertue of an Act of the ſaid late Parliament, bearing date the 12 of October 1652. in this and the like Caſes made and provided,) in the preſence of the ſaid Doctor Burges and Mr. Graves his Counſel; and of Mr. Maddiſon, and Mr. White, of Counſel with the ſaid Maior, Maſters and Burgeſſes; the matter of the ſaid Petition being, to be relieved againſt the ſaid Maior, Maſters and Burgeſſes of Wells (amongſt other things) for undue keeping from the Petitioner, by colour of a Conveyance made to them from the Truſtees for ſale of Biſhops Lands, bearing date the 22 of March 1647. of divers things not contracted for by them, which did of right belong to the ſaid Mannor of Wells, contracted for by the ſaid Doctor Burges, and accordingly conveyed unto him by the ſaid Truſtees on the 24 of March 1648. And it now appearing unto us, upon reading the ſaid Report of the ſaid late Committee of Parliament, that as well by Certificates from the Contractors for ſale of the ſaid Lands, as upon examination of the matter, they found, That at the Requeſt of the ſaid Caſebeard, the ſaid Contractors made an Order of the 26 of November, to the Regiſter of the ſaid Lands to make forth a Particular of the Royalties of the Burrough and Hundred of Wells and Wells-Forum, with the Fairs of Priddy and Bineger, parcel of the poſſeſſions of the late Biſhop of Bath and Wells: and that this was the onelyonly Warrant for any Particular in reference to the ſaid Corporation: That the ſaid Corporation, after their Contract made with them, the 15 of December, 1647. by their Agents ſurpriſed the ſaid Contractors, and much wronged the State, by taking away of the firſt Particular, upon which the ſaid Contract was made, and the drawing up of a new one, without Warrant, by one Mr. Thomas Salmon. And that this laſt Particular contains much more in it then the ſaid Town bought and paid for, or then the ſaid Contractors intended to ſell to them. And that accordingly to the latter Particular, their Conveyance was drawn up, and Sealed. And that by the Special words of that Conveyance (amongſt other things) they carry theſe following, which were never Contracted for, nor ſold to them, (viz.) the whole Baylywick, valued after three lives in being at 40 l. per annum: which they now alledge they have ſince purchaſed: Two weekly Markets in the City of Wells, the Guild-Hall and Priſon, which have ever belonged to the Lord of the Mannor: which ſaid Guild-Hall and Priſon, they alſo alledge they have ſince purchaſed. All VVaiſes, Eſtrayes, Deodands, and Felons Goods upon the ſaid Mannor. All Courts, Baron and Minery Courts, all VVays and Streets, which have ever belonged to the Lord of the ſaid Mannor. And that by the general words, unduly thruſt into the ſaid Particular and Conveyance (of all Royalties, Services, Franchiſes, Liberties, Priviledges, Immunities, Profits, Commodities, Advantages and Emolument whatſoever, of what nature or quality ſoever, within the City or Burrough of Wells and Wells Forum, or any part or parcel thereof, to the late Biſhop of Bath and Wells in right of his ſaid Biſhoprick of Bath and Wells belonging) may be comprehended, and hereafter claimed the Royalties of the Lot-Lead, the Royalties and Services of the Mannor of Wells, and Rents both of the Mannor and Burrough, & all Waifs, Heriots, Commons, Services of Tenants, &c. All which are valued in the Surveys to amount to 250 l. per annum.
Now, upon conſideration had of the ſaid Report, and of the Powers and Authority given us by the aforeſaid Act of Parliament, of the 12 of October 1652. whereby we are Authorized and impowred to Hear and Determine all ſuch Caſes, as were by the ſaid late Committee Ordered to be Reported to the Parliament; and upon full and deliberate hearing of Counſel on both ſides, We do Determine, and ſo Order, That the ſaid Maior, Maſters and Burgeſſes of Wells ſhall at, or before the 8 of January next enſuing, by ſuch good Conveyance in the Law as by Rowland Jewks Eſq; ſhall be adviſed, and with uſual Covenants aſwell againſt all incumbrances in Title, charge, or Eſtate, as for quiet and peaceable enjoyment, againſt the ſaid Maior, Maſters and Burgeſſes and their Succeſſors, and all claiming by, from, or under them, or any of them, Convey and aſſure unto the ſaid Cor. Burges his Heirs and Aſſigns, all the Right, Title, and Intereſt which they have, or claim to have by vertue or colour of their Deed of Purchaſe from the ſaid Truſtees, dated the 22 of Nov. 1647. in and to all Waives, Eſtrays, Deodands, Felons goods upon the ſaid Mannor, as alſo all Courts Baron to the ſaid Mannor of Wells belonging, and Minery Courts, all Ways and Streets, the Royalties of the Lot-Lead, the Royalties, Rents and Services of and belonging to the Mannor of Wells, and fifty couple of Wild-Fowl, formerly payable to the ſaid late Biſhop out of the Decoy-Pool within or neer the Mannor of Weſtbury. And all Heriots, Commons, Services of Tenants, together with all other Royalties, Services, Franchiſes, Liberties, Priviledges, Immunities, profits, commodities, advantages and emoluments whatſoever, of what nature or quality ſoever, of or belonging to the ſaid Mannor, or any part or parcel thereof, to the only uſe and behoof of the ſaid Cor. Burges his Heirs and Aſſigns for ever.
William Roberts. Jo. Berners. Ro. Aldworth. Henry Pyt.
On the ſame 25 of Nov. the ſaid Commiſſioners made another Order, in another Difference between the Doctor and that Corporation: (in confirmation of a former Order of May 8. 1650. made therein by the forecited Committee of Parliament, upon a full hearing of that Caſe, in preſence of both parties, and upon examination of the ſaid Doctors conveyance) after hearing of both parties again, and of what could be alleadged by Counſel on behalf of the ſaid Maior, Maſters and Burgeſſes, That the ſaid Maior, Maſters and Burgeſſes do pay unto the ſaid Dr. Burges, the Arrears of the ſaid Rent behind and unpaid, and continue the payment of the ſaid yeerly Rent to the ſaid Doctor Burges, according to the ſaid former Order. And the ſaid Dr. Burges be allowed Coſts upon a Bill to be brought in upon Oath.
Since which time, Oath hath been made of ſerving theſe Orders upon the preſent Maior of Wells; and of ſending to him a Deed ingroſſed and atteſted by Mr. Jewks to have been drawn by his Advice, for the ſaid Corporation to Seal; and of a demand made of the ſaid Rents and Arrears, on the 11 of Dec. laſt. All which the ſaid Maior promiſed to impart to the reſt of his Brethren, who thereupon appointed ſome of their Members to treat with the Dr. with whom a Treaty was had in a friendly manner, and great hope was conceived of a fair end of all. But when (Jan. 1.) the Dr. ſent a ſecond time for the ſaid Rent and Arrears, the Maior anſwered, that he was commanded by the Houſe (that is, the Corporation) to return this Anſwer, That the Corporation would pay neither rent, nor arrears: nor did they think fit to ſeal the ſaid Conveyance.
The Dr. ſent again to him, to tell him that he would not take that for a final anſwer, for that they had yet a full week more allowed by the Order for ſealing the Deed: and therefore out of his earneſt deſire of peace, he prayed the Maior to call one Chequer more, and to conſider better of that matter, before they returned their laſt Anſwer by which they meant to ſtand. The Maior did ſo. After which, ſeveral of them treated with the ſaid Dr. again. But then, they inſiſted upon his Sealing of a Deed to them to confirm their ſecond purchaſe of the Burrough Rents, Baylywick, Guild-Hall and Priſon, and the 7 Canonical Houſes, by them purchaſed, Ann. 1655.
All vvhichwhich, the Doctor had before petitioned the honourable Com…miſsioners for Obſtructions to hear and determine; and after, deſired … Refer that whole buſineſs to four Gentlemen, choſen by both Parties … decide all Differences: they refuſed both, as being before dete…mined by Law, as before is ſet forth. Nor were theſe things now b…fore the ſaid Commiſſioners; but, Referred to the Law. The Doct… further made it evident, that he ſhould be very greatly damnified, if b… any Act of his (after he had ſold thoſe Houſes) he ſhould confirm an a…ter purchaſe thereof to them; which the Town had unduly procured a clancular way, without acquainting him therewith before their Con…tract, as they were Ordered to do. And ſo they refuſe to obey bo the ſaid Orders.
Which contempt they are animated unto, by their Agents Mr Thom… Mead, and John Standiſh, as alſo by their preſent Mayor, and ſu… others of that Corporation, as they could draw to ſide with them. … may appear thus: Mr Mead and Standiſh, have had an allowance of 6 apeece per diem, for following this buſineſs againſt the Doctor; an… upon that account, gotten Grants of moſt things purchaſed by th… ſaid Corporation, to ſatisfie that ſalary; (albeit it be too well known, t… at the ſame time, they came up to London in buſineſſes of their ow… vvhichwhich vvould have forced them to keep Terms here, although the Co…poration had not imployed them.) Now, they ſeeing that if the Tow had ſubmitted to thoſe Orders, that ſubmiſſion would not only have p… an end to their gaining by theſe Contentions, but perhaps outed them ſeveral things granted to them by the Town: Therefore on the ſa… 25 of Novemb. laſt, ſo ſoon as the honorable Commiſſioners had declar… themſelves, and Ordered what is before recited, the ſaid Agents, befo… they went out of the Room where this Cauſe was heard and Ordere… were over-heard to ſay, that they would warrant, That the Corporati… of Wells ſhould never obey thoſe Orders.
And the ſaid Mead, after the firſt Treaty had with the Doctor in Wel… ſaid further, in the hearing of divers perſons, that the Doctor hoped th… Town vvould do what the ſaid Orders injoyned; but he would be d…ceived. And being then told, that if the Town obeyed not the Order courſe would be taken to ſend Meſſengers for ſuch as refuſed; Me… replyed, That before the Doctor could procure that, they would brin… it into the Parliament, and there they would have men that ſhould de… well enough with him; or words to that effect. And when the ſai… Mead was again choſen at another Chequer to treat a ſecond time wit… the Doctor, be refuſed, as diſpleaſed at any more Treaties for peace.
And the Mayor (upon an old grugdge) while he made fair ſhews of de…ſiring ſeveral Treaties, to make a peaceable Concluſion, dealt under hand with John Caſebeard (often before mentioned) (to undertake th… buſineſs again, as he had formerly done) againſt the Doctor, before he re…turned the Anſwer of the Corporation to the Doctor, as the Doctor hat… been credibly told by one that will make Oath of it, if need require.
Legenda.
IN marg. pag. 6. Dan. Ethic. Chr. l. 2 c. 15. p 20 mar. r. Dunel. l. 44. paratos. p. 24 mar. parag 2. r. Act. 4.36, 37. p. 53. l. 3 r valuable. p. 57. l. 15. r. Maior, Maſters. p. 64. l. 44. much diſ…ſed.
End of the text · Cornelius Burges, A Case Concerning the Buying of Bishops Land (1659)