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A30253 A case concerning the buying of bishops lands with, the lawfulness thereof and the difference between the contractors for sale of those lands, and the corporation of VVells, ordered, Anno. 1650, to be reported to the then Parliament / with the necessity thereof, since fallen upon Dr. Burges. Burges, Cornelius, 1589?-1665. 1659 (1659) Wing B5670; ESTC R11486 85,757 85

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voluntarily given without a command could fall from the bold pen of such an high-flown Author He also confidently affirmeth r Pag. 29. that to say That God accepts of money that Land was sold for and not of the Land it self and instanceth in the very case of Ananias is contrary not only to all reason and practise of all the world but to what God himself hath expressed in the Old Testament this in his sense is so false that it cannot but astonish a modest Reader that knoweth the truth to finde him so boldly to affirm what there is no foot-step for in all the Old Testament As shall now appear in the ensuing Discourse wherein that Authors Impertinencies shall take up no more room To return therefore to the proof of the first branch of the point before undertaken That there is no warrant in Scripture for giving Lands to Bishops nor proof of Christs acceptance of them take notice 2. The Priests and Levites especially Aaron himself were prohibited to have any Inheritance in Lands by divine Lot among their Brethren s Num. 18.20 And this was to be a Statute throughout their generations for ever t ver 23. The Reason was given before unto Aaron I am thy part and thine inheritance c. That is his portion in Tythes and Offerings due from Israel unto him should be theirs For of these to wit Tythes he there expresly speaketh u ver 24. I have given them to the Levites to inherit therefore I have said unto them Among the children of Israel they shall have no inheritance Levi was a Tribe that made up a twelfth part of Israel yet so careful was God to prevent their claim to any Lands by divine Lot that when the rest of the Tribes were numbred in order to their several Lots in Land God gave express order to Moses not to number the Tribe of Levi nor to take the sum of them but to appoint them over the Tabernacle of the Testimony c. Whereby is more then implyed that their Office of Priesthood was then a bar to their inheriting of Lands to such especially as were chief among them and were always to attend the Tabernacle as did the High Priest Indeed the inferiour Priests and Levites being numerous did not could not all attend the Altar at once but had their several courses and orders for waiting there Therefore were they appointed by God to spread all over Israel when their courses at the Altar were over to instruct the people in the Law of God w Deut. 33.10 in their turns Which being so there was a necessity of preparing some places for their own habitation and some ground for their Cattle which they were to make use of as well for their domestick provision as for travelling between those habitations and the Altar when their turns came about Upon this ground God by Moses layd his Command upon the children of Israel that they should give unto the Levites of the inheritance of their Possessions Cities to dwell in and Suburbs for the Cities round about for their Cattle Goods and Beasts Num. 35.1 2 3. But of these none were appointed to the High Priest who was always to reside about the Tabernacle and Altar His portion and such as served at the Altar in Person consisted in Offerings and in a Tenth of the Tythes which the Levites were to pay before they shared the rest among themselves x Neh. 10.38 But Lands he had none And as for Levites dispersed over Israel although they had Cities and some Lands yet God limited both For the Israelites might not give what they would but so many Cities and no more so much Land about them and no more The number of Cities were in all 48. y Num. 35.2 3. c. among which six were to be Cities of Refuge the names of all which and the allotment of them to the several Families of the Levites are set down in the 21 of Joshuah Their Suburbs also were bounded by a set number of Cubites For so God commanded the Israelites saying z Num. 35.4 The Suburbs of the Cities which ye shall give unto the Levites shall reach from the Wall of the City and outward a thousand Cubites round about The Israelites might not give nor would God accept one Cubite more although the Levites were as is before said a twelfth part of Israel But here take notice that those Cities were not inhabited by Levites only Others dwelt therein and had shares also in the residue of the Lands adjacent as well as they Only care was to be taken that in every one of those Cities and Suburbs so many of the Levites as were designed to each City should be first accommodated and well provided for and the remainder if any were should still be inhabited by the Owners of those Cities now allotted to the Levites That this was so is evident by the City of Hebron or Kiriath-Arba the City of Arba a The Father of Anak Josh 15.13 a Great man that first founded it for that City being given to the Kohathites who among the Levites had the first Lot b Josh 21.10 11. was yet inhabited also by Caleb to whom Joshuah had before given it for an inheritance c Josh 14.13 14. Therefore after mention of disposing Hebron to the Kohathites by the free Lot of the Israelites it is said But the Fields of the City and the Villages thereof gave they to Caleb the Son of Jephunneth for his possession d Josh 21.12 Out of which Fields it is manifest by the next verse that the Suburbs were excepted for these were given to the Sons of Aaron the Priest e ver 13. Now then if Bishops take upon them as of late they did to be above ordinary Priests Presbyters or Ministers as Aaron above the ordinary Priests and Levites it is as clear as Analogie can make it that there is no colour or shew for a warrant out of the Old Testament to inable Bishops to hold any Lands or for others to give them but an express Law against it It is true that after the Temple was built there was no doubt conveniency of habitation and perhaps of some Lands for the Cattle of the High Priest who is not to be thought worse provided for than his inferiours And when Bishops can make it out that they are as Aaron above the rest of Christs Ministers the like ought be allowed to them while they continued Nevertheless those Cities of Refuge and the rest set out for the Levites with the Suburbs pertaining to them for the Cattle of those Levites that were imployed in the several parts of Israel to be teaching Priests f 2 Chr. 15.3 of the Law of God to the people which Lands by Gods command were not to be alienated g Lev. 25.34 may by analogie be a good argument to prove that Lands setled upon the faithful and painful Ministers of
unlawful to endow particular Parochial Churches with Glebes or Lands necessary for building of Churches upon and for the accommodation and provision of faithful Ministers of Christ that faithfully dispense his Ordinances to their Flocks so it be with leave from Authority and all interessed in them and that it be done moderately for necessary sustentation of them and their Families The Levites that might have no large Territories answerable to the rest of their Tribes had yet several Cities set out for their habitation and Suburbs for their Cattle But withal they might not grasp all that the People would give but were con●●●ed and limitted to such a quantity a thousand Cubits outright from the wall round about their several Cities and no more as was before shewed And so far hath it ever been accounted from being lawful for Bishops to lay Field unto Field Mannor to Mannor to impoverish many to inrich one upon the account of the Church and Gods acceptance thereof as sacred and holy that even an Archbishop w Spalat de Repuo Ecclesiast l. 9. c. 7. n. 36. having deserted the Romish Church hath proclaimed it Sacriledge rapinam injustissimam and most unjust rapine This is not saith he to inable men to labour in the Gospel but to supply them with Fewel for Riot and Excess and to pervert what was given for the benefit of the Church and for necessary provisions to the shame scandal and ruine of the Church it is not to take off but to multiply the impediments of the saving of Souls Thus we see the Title of Bishops Lands what it was and upon what grounds and in what manner procured and enjoyed vvhich argues them to be in the construction of Scripture far from being sacred and holy unto God by such corrupt Dedications and particularly of those very Lands purchased by Doctor Burges It remaineth now to make out That the aliening diverting No Sacriledge or sin to buy or sell Bishops Lands or purchasing such Lands for common use notwithstanding their first dedication neither is or can be Sacriledge or otherwise sinful or unlawful This is in great part evident by what hath been before set forth yet for more full satisfaction somewhat more shall be added To begin with the Cities and Suburbs of the Levites will be a good step to the clearing hereof First their Houses might be sold even by themselves without sin For that Law which was made for the redeeming of it at any time which others might not do that sold Houses in a walled City unless they redeemed them within the compass of the first yeer after sale and for the return of it at the next Jubilee x Lev. 25.32 33. in case it were not redeemed before plainly implies a lawfulness for any man to buy an House that pertained to a Levite if it were to be sold and that it vvas no sin to detain it till it vvere either redeemed or returned at the Jubilee as all other Lands sold by others were to be This might be done without the least branding of the seller or buyer Yet those Cities were by Gods own appointment set out for the dwelling of the Levites Indeed God forbad the Levites to sell their Lands to wit the Fields of the Suburbs of their Cities for it was their perpetual possession y Ibid. ver 34. It was the same in effect vvith our Parochial Glebes and so might not be aliened or sold so long as their service and Priesthood continued Howbeit afterwards vvhen their service vvas ended and the Priestood removed they might as lawfully sell their Lands as their Houses Else Joses sirnamed Barnabas a Levite had committed Sacriledge for that he after Christ changed that Priesthood having Land sold it and laid down the money at the Apostles feet which is recorded by the Spirit of God as an eminent act of exemplary piety and charity and of the sou●●lness of his faith and conversion Now if it were no sin in him then to sell it could not be a sin in others to buy such Lands and other Lands the Levites might then have none albeit those Lands by God's own Edict were to be continued in the Priests while their Priesthood lasted Can it then be so haynously sinful to sell or purchase Bishops Lands which no Law of God ever settled upon them after their Office and Function is wholly taken away But it is happened to some of those rash Censurers as it did to those Oxen of whom Columella that famous Husbandry-Writer in the dayes of Claudius Caesar noteth z De re Rust lib. 2. that feeding upon some rank grounds ran wild with the fatness of their Food And vvhatever some think now that it is Sacriledge to aliene any thing once pretendedly dedicated unto God yet even the Bishops themselves in Parliament have thought and determined otherwise as well as Kings and the rest of the Parliament in the Acts formerly mentioned vvherein especially in one of them a 15 Ric. 2.5 they make all Lands given vvithout License to be forfeited and to be seised unless they procure a License to amortise them or sell or alien them to some other Use before Michaelmas then next coming This shews plainly that albeit it was not held lawful for Bishops Monks or others to receive or purchase Lands in Mort-Main yet it was lawful if they had so done to sell them for the Parliament directed the sale and therefore lawful for others to purchase them for common uses when once it should be discovered that those Lands were so given and dedicated as therein was forbbidden To which may be added 1. That Bishops Lands especially were at first given to maintain their State and Magnificence as Lords with special reference to State-Imployments For that the Kings were wont to have the greatest part of their Counsel for the safegard of the Realm when they had need of the said Prelates and Clerks so advanced b Stat. de Provis Benefic 25 Edw. 3. 2. That neither in those times nor since did many of them yea scarce any take paines to teach the Law of God to the People which was one end for which Bishops were endowed with such large Revenues as the Statute De Provisoribus Benefic before cited expresly declareth So that this being neglected they lived in so great a sin as in the judgement of those few of them who made more conscience of their Duty in this kind next to the sin of Lucifer there could not be a greater Witness that Learned and Zealous Bishop Robert Grosthead Bishop of Lincolne in the reign of Hen. 3. who having received a Command from Pope Innocent the Fourth Mat. Paris ad Ann. 1353. to admit one Frederick de Lavania that Popes Nephew that is his Bastard to be a Canon and Prebend of Lincolne that Bishop wrote back to the Pope a flat refusal of that his command telling him moreover Post peccatum Luciferi c. That next to
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 Contract mentioned 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. 4 d. improvement after three Lives in being it agreeth not with the Survey which saith it is 40 l. 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 onely 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 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
the fifth of April 1649. to be then read and also to be read the eighth of May 1650. before the said Committee without any alteration so far as I can remember and then Ordered to be Reported to the Parliament unless c. as in the said Order And on the 20th instant offered to the Commissioners for removing Obstructions to be proceeded upon Edw. Noel That he had Warrant for this Endorsement beside the Command of the present Commissioners further appears by the Books of that Committee of Parliament kept by the said Mr Noel wherein is entred this following Remembrance Die Jovis 5 April 1649. COlonel Harvie delivered in his Report concerning the Contractors and the Town of Wells according to former Order of this Committee which Report was read On which day this Order also was made and after sent to Wells Die Jovis 5 April 1649. At the Committee of Parliament for removing Obstructions in the Sale of Bishops Lands UPon hearing the business the 27 of February last between the Town of Wells and the Contractors for Sale of Bishops Lands And upon the Confession of John Casebeard Agent for the Town then present it appeared That both the Contract signed by the said Casebeard in behalf of the 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 Contract was made which first Particular was taken away by Casebeard and others from the Contractors and will not now be found It is therefore Ordered that the said John Casebeard and Thomas Salmon the then Mayor of Wells be forthwith summoned to attend this Committee within ten days after notice hereof in Sir Edward Bruncards House in the old Palace at Westminster And there produce the said first Particular upon which the said Contract was made and to shew by what Deputation from the Town and by vvhat VVarrant the last Particular afterwards offered to and signed by the Contractors vvas drawn up and signed after the first Contract made And hereof they are not to fail By this it is evident how unwilling the Committee of Parliament vvas to use extremity in hastning a Report to the House in that they vvould not so much as then Order the Report to be made to the Parliament but only summoned two Agents of the Town to appear before themselves to give Account of their miscarriages thereby intending to awaken the Town to make satisfaction by a Reconveyance vvithout further trouble John Casebeard and Thomas Salmon being served vvith the Order of Summons Mr Salmon procured a Letter of Attorney from the Corporation vvhich ran thus Letter of Atturney from the Town the 24. of April 1649. KNow all men by these presents That we the Mayor Masters and Burgesses of the City or Burrough of Wells in the County of Somerset by this present Writing indented have constituted ordained and appointed And by these presents do constitute ordain and appoint our Trusty and vvell beloved friends Thomas Salmon one of the Magistrates of the said City or Burrough and Justice of Peace within the same Robert Morgan another Magistrate of the said City or Burrough William Smith one of the capital Burgesses of the same City or Burrough and John Casebeard Gent. or any three or two of them to be our true and lawful Atturneys for us and in our names to appear before the honourable Committee for removing of Obstructions in the Sale of Bishops Lauds And with them for us and in our names to Answer to vvhat shall be objected against us by the said Contractors of the said Lands for the purchase of certain Royalties and Liberties contracted for with them for or concerning the said Purchase by us or our Agent or Agents As also to treat compound and finally to end and determine any Controversies Suites or demands arising or which may arise by reason of the same Purchase so far forth and in as ample manner as though vve vvere personally present Ratifying confirming and allowing all and vvhatsoever our said Attorney or any three or two of them shall do for us in the premises * * This Letter of D●putation was exhibited to the Doctor and a Copy left with him which was examined by two VVitnesses with the Original one of which was a publike Notary In witness whereof We the said Mayor Masters and Burgesses have hereunto set our common Seal the 14 day of April in the yeer of our Lord God 1649. And to the other part thereof remaining with the said Mayor Masters and Burgesses the said Thomas Salmon Robert Morgan William Smith and John Casebeard have set their Hands and Seals the day and yeer above written Upon this Mr Salmon and Mr Morgan came to London But both the Contractors and the Committee of Parliament then told them that now they must apply themselves to Doctor Burges Purchaser of the Mannor of Wells and reconvey to him vvhat they had so unduly gotten into their Conveyance and which he had now both bought and paid for And here began the first business between the Doctor and that Corporation For Mr Salmon hereupon came to Dr Burges and made agreement with him according to what had been agitated in and declared by the said Committee of Parliament and desired it might be put into vvriting promising that he and Mr Morgan would sign it When the Agreement was drawn up Mr Salmon and Mr Morgan came again to the Doctor who read over the whole unto them and no exception was taken to it Only Mr Morgan desired that whereas the Paper then read mentioned a Deed to be afterwards sealed by the Corporation to Dr Burges as it should be advised and prepared by his Counsel according to that present Agreement that before sealing it might be perused by Lislibone Long then Esquire now Knight and Recorder of London not to alter the Agreement but to satisfie the Corporation that the Deed was according to their then present Agreement To this the Doctor innocently but improvidently yeelded and so in the issue all came to Nothing The Agreement was this WHereas the Mayor and Burgesses of the Burrough and City of Wells in the County of Somerset have bought sundry parcels of the possessions of the late Bishop of Bath and Wells which are mentioned to be sold unto them by the Trustees for the Sale of Bishop Lands or by five or more of them in and by one Indenture bearing date the 22 day of March Anno Dom. 1647. And vvhereas Cornelius Burges of London Doctor in Divinity hath likewise bought sundry other parcels of the Possessions of the late Bishoprick of Bath and Wells which are mentioned to be sold unto him by the said Trustees or by five or more of them in and by one other Indenture bearing date the 24 of March 1648. Now for as much as by reason of some vvords and expressions in the said Indentures sundry differences and Suites may possibly arise
peace 4. That the Contractors vvere the first Plaintiffs in this Cause not the Doctor He vvas only forced afterwards to undertake the same business upon the same grounds and evidence vvhich the Contractors had done before for that the Corporation refused to make good the engagement of their Agents made not only to the said Contractors and Committee of Parliament but to the Doctor himself under their Hands and Seals after he had been drawn to be a Purchaser at Wells For the better understanding of the whole business take notice That an Agent for the Corporation contracted for certain Royalties in Decemb. 1647. but perfected not the Conveyance until the 22 of March then next following and that Dr Burges did not purchase until March 16. 1648. and that then he bought many things some of them being of great value which the Corporation by general words and by surprise and fraud had before gotten into their Conveyance without contracting for them at all How and by what meanes they did it is first to be laid open and then the course used to right the Common-Wealth and the Doctor therein After the Surveyors had made a return of their Survey of the Mannour Burrough and Hundred of Wells one John Casebeard a Burgess of Wells took upon him at first without Order to treat with the Contractors for sale of those Lands in the name of the Corporation of Wells for the purchase of certain Royalties of the late Bishop of Bath and Wells upon which the said Contractors granted this Warrant following Die Veneris 26 Nov. 1647. At the Committee of Contractors for sale of Bishops Lands Warrant of a Particular AT the request of John Casbeard Gent. on the behalf of the Mayor and Communalty of Wells It is this day Ordered that the Register do forthwith make forth and fairly engross in Parchment a particular of the Royalties and Hundred of Wells and Wells-Forum with the Fairs of Priddy and Binegar in the County of Somerset parcel of the possessions of the late Bishoprick of Bath and Wells whereupon we may proceed to make sale thereof And that he do deliver the said particular examined and signed under his hand unto us or any six or more of us according to the Ordinances and instructions of both Houses of Parliament in that behalf made and provided This was the only Warrant granted for a particular Two days after which the Corporation of Wells wrote a Letter to Casebeard of which this is a true Copy 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.