A Case Concerning the Buying of Bishops Land, Part 2 · Contract 2 – Contract 4
Parcel of the Poſſeſsions of the late Biſhoprick of Bath and Wells.
Com. Somerſ. The laſt partilar for the Corporation.THe Royaltie of the City or Burrough of Wells, and of the forraine Fee, Bayliff-wick, 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 the Courts, and Courts of Record, or Court and Courts of Pleas, Hundred Courts, Views of Frank-Pledge, and whatſoever to view of Frank-Pledge appertaineth, Court Leets, Courts Baron, and other Courts, to be holden from three weeks to three weeks, or otherwiſe, holden, or to be holden from time to time, within the City or Burrough of Wells, and the Liberties thereof, or within the Hundred of Wells and Wells Forum, aforeſaid. [Together, with the Guild Hall, and the ground and ſoil thereof, wherein the ſaid Courts are uſually holden. And the priſon or priſon Houſe thereunto adjoyning. And all Fines, Iſſues and amercements, requiſites and profits, as well at the ſaid Courts, and every of them, as at the Seſſions of the Peace, holden from time to time at the City or Burrough of Wells aforeſaid. And alſo, all Fines for Licenſe of Alienation, and poſt-Fines, and all other Fines, Forfeitures, Iſſues and Amercements at the Aſſizes or elſewhere, before whatſoever Judge or Juſtices, either in the High Court of Chancery, the Court of Kings Bench, or Common Pleas, or of Exchequer, due and payable, or happening from time to time to be due and payable by any perſon or perſons within the County of Somerſet aforeſaid.] And alſo the Bayliwick and Office of Bayliff of Wells, and of the Hundred of Wells and Wells-Forum aforeſaid, And of the ſaid Liberty of the ſaid Biſhop of Bath and Wells, within the ſaid County of Somerſet. And alſo full Power and Authority to keep the aforeſaid Courts, and every of them, and the accuſtomed Writs and Proceſs of the aforeſaid Courts and Courts of Record, to be from time to time iſſued and awarded, To bear Teſt in the name of the Maior of the ſaid City or Burrough for the time being ſucceſſively. And to be kept by the Maior, or Recorder, or by the Steward of the ſaid Maior, Maſters and Burgeſſes of the ſaid City or Burrough, and their ſucceſſors for the time being, and ſuch other Officers of the ſaid Maior, Maſters and Burgeſſes and their ſucceſſors for ever, to be from time to time attendant upon the ſaid Courts, and to ſerve and execute the Writs and Proceſſes of the ſaid Courts, and other matters and things in the ſaid Courts (as were uſually attendant in and upon the ſaid Courts in the time of the late Biſhops there.) And alſo power to diſtrain for all ſums of mony due and payable for or by reaſon of the ſaid premiſes. And all other remedies and means for the having, receiving, levying or enjoying the premiſes or any of them. And 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 Wells, or within the ſaid Hundred of Wells and Wells-Forum, or any other part thereof.] And all Tolls, Cuſtoms, Piccage, Stalage and other benefits, profits, commodities and advantages, happening or coming, ariſing or growing, for or by reaſon of the ſaid Fairs and Markets or any of them. And alſo all Eſchetes, Waives, Eſtrays, Deodands, Goods and Chattels of Felons, Felons of themſelves, and of Fugitives, out-lawed perſons, and of perſons put in exigent, happening or coming [within the City or Burrough of Wells] or within Wells-Forum aforeſaid, or the Liberty or Liberties of the ſaid late Biſhop of Bath and Wells within the ſaid City or Burrough of Wells, or Wells-Forum aforeſaid. And alſo the Office of Clerk of the Market, and whatſoever to the ſaid Office appertaineth, the correction of the Aſſize of Bread, Ale, and Beer, and other Victuals, and the Tryal 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 all Streets and ways, and the ground and ſoyl of the Market place in the ſaid City or Burrough. AND alſo all other 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 Wells-Forum, or any part of parcel thereof, unto the late Biſhop of Bath and Wells, or any other Biſhop there in right of the late Biſhoprick of Bath and Wells, at any time within ten years before the beginning of the Parliament of England now aſſembled at Weſtminſter, belonging or appertaining.] All which premiſes are of the preſent yeerly value of nineteen pounds ten ſhillings. The improvement of the Bayliwick after three lives in being per annum, five pounds thirteen ſhillings four pence.
This particular is grounded upon a Survey *Not ſo.taken by Benjamin Avry Gent. and others, the ſixth day of April 1647. and is made forth, examined, and Signed by order of the Contractors of the ſixth day of December 1647.*This Order was never produced, but denyed by the Contractors.
H. Elſyng Regiſter. Contracted for 15 Dec. 1647.
The Premiſes above mentioned are contracted for and agreed to be ſold unto John Casbeard Gent. Not ſo.on the behalf of the Corporation of Wells in the County of Somerſet.
This particular is rated in fee-ſimple for the ſaid Corporation of VVells, at twenty yeers purchaſe for the preſent yeerly value of the aforeſaid Royalties of Wells and Wells-Forum, being nineteen pounds and ten ſhillings in poſſeſſion; and of four yeers purchaſe for the improved value of the ſaid Baylywick after the determination of three lives in being; being five pounds thirteen ſhillings and four pence in reverſion. According to which rates and values, the whole purchaſe-mony payable into the Treaſury, upon Sealing the Aſſurance, amounts to the total ſum of four hundred and twelve pounds thirteen ſhillings and four pence.
Whereof one full moyety to be paid in to the Treaſury upon Sealing the Aſſurance, the other moyety is to be paid at the end of ſix months thence next enſuing. For payment of which ſecond moyty, ſecurity is to be given to the Treaſurers by a Leaſe to be made of the Premiſes hereby contracted for, for fourſcore and ninteen yeers. Nevertheleſs, if the whole purchaſe-mony ſhall be paid in to the Treaſury upon Sealing the Aſſurance, intereſt is to be allowed for the ſecond moyty for ſix months, according to the Ordinance of Parliament in that behalf.
Henry Elſing Regiſter. In Atteſtation of the Contract and Agreement above mentioned, We the Contractors whoſe names are ſubſcribed, have hereunto put our hands, this fifteenth day of March, Anno Domini 1647.
John Blackwel.
Tho. Ayres.
Ja. Ruſſel.
Richard Turner.
Edw. Creſſet.
Ti. Middleton.
THeſe are to deſire and Authorize the Trustees named and appointed in and by ſeveral Ordinances of both Houſes of Parliament for the ſale of the Lands and Poſſeſſions of the late Arch-biſhops and Biſhops, or any five or more of them, to draw up and Seal a conveyance of the Premiſes hereby contracted for, unto the Maior, Maſter and Burgeſſes of the City or Burrough of Wells in the ſaid County of Somerſet, and their ſucceſſors for ever, according to the Contract and Agreement above mentioned. To have and to hold unto the ſaid Mayor, Maſters and Burgeſſes of the ſaid City, or Burrough of Wells, and their Succeſſors for ever. As amply as the ſaid Truſtees by the ſeveral Ordinances of Parliament for the ſale of the Eſtates of the late Archbiſhops and Biſhops ought to hold and enjoy, and are enabled to convey the ſame. And alſo diſcharged of all demands, payments and incumbrances, as amply as is ordained by any the ſaid ſeveral Ordinances of Parliament made and provided in that behalf. Dated this 15 of March, Anno Domini 1647.
John Blackwel.
Tho. Ayres.
Ja. Ruſſel.
Richard Turner.
Edwa. Creſſet.
Ti. Middleton.
According to which Warrants, the Truſtees ſealed a Conveyance of all the Premiſes to the Mayor, Maſters and Burgeſſes of Wells aforeſaid, word for word as the ſame is above expreſſed in the ſaid forged Particular. Which Conveyance bears date, Mar. 22. 1647. and being enrolled in Chancery, needs not here to be recited. By vertue whereof the Corporation have ſeiſed and enjoyed all and every the premiſes, and ſundry particulars belonging to the Mannor of Wells, and of Weſtbury too, becauſe within the Hundred of Wells.How Dr. Burges fell into theſe bryars, and eſpouſed the States quarrel with that Corporation.
About July 1648. Doctor Burges (having no hope to get his money (lent to the Parliament) in kinde) reſolved to take it out in Biſhops Lands. This being made known, ſome Parliament-men and others uſed all importunity to draw him on thereunto. Whereupon ſeveral Purchaſes were propounded to him; as Witney in Oxfordſhire; Muncton-Farly in Wilts. Thornton-le more in Lincoln-ſhire; Another place in Warwickſhire, Paddington in Middleſex, Banwel in Somerſetſhire, &c. In every of which, ſome perſons of note got before him.
At length, the ſame Parties that had propounded thoſe other particulars, put him upon buying the Mannor of Wells; to vvhichwhich he vvas very hardly drawn, partly becauſe many peeces thereof had been before ſold by parcels to others, which might occaſion differences to an after Purchaſer, and partly by reaſon of other great diſadvantages that accrew to him that ſhould purchaſe a Biſhops Seat; but chiefly, becauſe he ſaw it would coſt much more than all his moneys lent to the Parliament. Howbeit, through the inceſſant perſwaſions of friends, he did yeeld to make that purchaſe. The manner of his Proceeding in it, is here firſt briefly ſet down upon Oath made by a then Parliament man, that vvas very active for the State in diſcovering the frauds of the Agents of the Corporation of Wells, as he vvas a Member of that Committee of Parliament for removing Obſtructions, who ordered him ſo to do; And then followeth a more full Narration of the vvhole.