A Case Concerning the Buying of Bishops Land, Part 2 · Affidavit – Letter 3
The Oath is this.
Affidavit of Col. Harvy.COlonel Edmond Harvie of Fulham in the County of Middleſex, maketh Oath, That he, in the yeer 1648. underſtanding that Dr Cornelius Burges, having lent ſeveral ſums of money to the then Parliament upon the Publick Faith, had ſome deſires to take it out in the purchaſe of Biſhops Lands; and, requeſting this Deponent to make ſome purchaſe thereof for him, this Deponent acquainted the Contractors for ſale of the ſaid Lands, and ſome other perſons of quality therewith. And it being conceived that it would be for the ſervice of the Parliament to engage Miniſters, and eſpecially the ſaid Doctor, in the purchaſe of thoſe Lands, it was thought fit to put him upon purchaſing the Mannor of Wells, parcel of the Poſſeſſions of the late Biſhop of Bath and Wells, and of all elſe, there, then uncontracted for; the Contractors declaring that they, having made divers ſales of ſundry parcels thereof before, reſolved to make but one contract more for all then unſold.
That the Doctor being told hereof, ſaid, he would firſt go to Wells and ſee it; and afterwards, wrote to this Deponent to purchaſe it for him. This Deponent thereupon deſired a Particular thereof to contract upon. But before any Contract ſigned, the ſaid Doctor told this Deponent, and the ſaid Contractors, that having informed himſelf of the Conveyance to the Corporation of Wells, made almoſt a yeer before, he found that divers things now put into his Particular, were paſſed before to the ſaid Corporation; and therefore he refuſed to contract, till thoſe things were cleared; ſaying, he would not purchaſe to himſelf ſuites in Law, inſtead of Biſhops Lands; or words to that effect.
That the ſaid Contractors taking this into conſideration, and finding it to be ſo, they firſt (as this Deponent hath credibly heard) wrote to the ſaid Corporation to rectifie the ſame in a fair and friendly way; which they not doing, the ſaid Contractors Certified the ſame to the Committee of Parliament for removing Obſtructions, as a great obſtruction in ſale of the ſaid Mannor, praying their ayd for redreſs. Which Committee thereupon iſſued Summons to the ſaid Corporation to anſwer the ſame.
That upon their appearance, and hearing of both Parties, that Committee ordered the ſaid Contractors to certifie more particularly what they did indeed ſell to the ſaid Corporation; and wherein they were ſurpriſed. Which the Contractors accordingly did, about the beginning of March 1648. as this Deponent believeth. After which, the ſaid Committee of Parliament appointed ſome of their own number, to draw up the full ſtate of this buſineſs, and to report it to that Committee, that it might afterwards be Reported to the then Parliament, in caſe the ſaid Corporation ſhould not give ſatisfaction therein. Of all which the ſaid Dr. Burges was to have Copies. And the ſaid Committee and Contractors being together, aſſured him that they would endeavor to ſee all rectified, and reconveyed, if he would go on in the purchaſe of the ſaid Mannor and premiſes.
That the ſaid Dr. (as appeared to the ſaid Commiſſioners) being ſatisfied herewith, deſired this Deponent to Contract for the ſame; which he accordingly did: and the Dr. Signed the ſaid Contract, paid in his purchaſe-mony, and had a Conveyance thereof Sealed before the 25 of March 1649. as this Deponent beleeveth, to which he referreth for more certainty.
This Deponent further depoſeth, that the Sub-Committee of the ſaid Committee of Parliament, having drawn up and certified the State of this buſineſs to that Committee, the ſaid Corporation in April following (as this Deponent hath heard and beleeveth) did impower ſome of their Members to treat with the ſaid Committee of Parliament, and to end the ſame. But, this coming to nothing, the ſaid Committee committed to ſafe cuſtody John Casbeard, as one of the Agents of the ſaid Town of Wells: and fining yet no ſatisfaction, they Ordered the ſaid Caſe to be reported to the then Parliament as it was, if ſatisfaction ſhould not be given in one month. And this was done (as he remembreth) in or about May 1650. he being then a Member of the ſaid Committee, but referreth himſelf to the ſaid Order and Report.
That after making of this Order, a Reference was deſired, and there were choſen by the ſaid Town, or their Agents (as this Deponent beleeveth) Liſlibone Long Eſq; (now Knight and Recorder of London) and Colonel Dove, for the ſaid Town: and the ſaid Dr. Burges choſe this Deponent, and Major Salway, for him, to arbitrate and agree the ſame. VVhereupon, out of a deſire of friendly compoſing all differences herein, this Deponent met the ſaid Perſons; and often met with the ſaid Liſlibone Long, and, in the preſence of ſome of the ſaid parties or their Agents, did, after many Debates, two ſeveral times agree the ſame, with the ſaid Liſlebone Long, who deſired that he might acquaint the ſaid Corporation with the ſaid Agreements before Signing; to which this Deponent conſented. But afterwards the ſaid Liſlibone Long told this Deponent, that the ſaid Corporation did not like the Agreements. After which, this Deponent heard nothing more hereabout from that Corporation.
Edmond Harvy.
This contains a Brief of the Buſineſs from the yeer 1648. to the end of the yeer 1652. and therefore is here inſerted, that the Readers may be ſatisfied both with the matter, and manner of proceeding, ſo far forth as that Affidavit extendeth.
Now that it may appear he hath depoſed nothing but truth, hereunto is added a more full and diſtinct relation of the ſeveral ſteps of proceedings of the ſaid Contractors and Committee of Parliament, concerning this buſineſs: as well as what after happened between the Corporation and the Doctor, when he coped with them upon the account of a Purchaſer. Where firſt, take notice that the Doctor, having been at Wells to take view of what was there to be ſold, had ſome conference with the then Maior, who refuſed to part with any thing compriſed in their Conveyance. The Doctor therefore at his return to London, told the Contractors that he had no hope to recover any thing back which by words the Town had gotten into their Conveyance. The Contractors thereupon wrote this enſuing Letter.
Gentlemen,
Contractors to the Corporation.WE find upon the Sale of the Mannor of Wells (whereof you never bought any thing) that there is a very great Obſtruction in perfecting the conveyance of the ſaid Mannor, by means of ſundry words which over and above the Contract firſt made with us, you have by Counſel gotten into your Conveyance, to the ſurpriſal of this Committee, and the prejudice of the State. We are very unwilling to impute any thing to your Corporation but what is juſt and worthy of it, but rather apprehend it at preſent to be a peece of the skill of your Counſel, to give you words enow; and, without due limitations. We therefore deſire you to ſend up ſome of your Members forthwith unto us, with full power to clear all things that are now doubtful, and to quit whatever appertaineth to the Mannor of Wells or to any other Mannor of the late Biſhop of Bath and Wells. The intereſt of the State (to which we are ſworn) requires us to preſs you that this may be done by you before the thirteenth day of Decemb. next. Otherwiſe we ſhall be enforced to take ſuch ſpeedy courſe herein, as to juſtice and equity ſhall appertain, in the purſuance of the Truſt of
Gurny-Houſe, 10 Nov. 1648. Your very loving friends,
Ti. Middleton.
John Blackwel.
Tho. Ayres.
VVill. Roberts.
Rob. Fenwick.
Edw. Creſſet.
To our very loving friends, the Maior, Maſters, and Burgeſſes of Wells in the County of Somerſet, Theſe.
This Letter being delivered, and taking none effect, the Contractors Certified to the Committee of Parliament for removing of Obſtructions, as followeth: