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
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 vvhich 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
27. The Committee finding so great a difference between the Certificate of the Contractors and the last Particular and Conveyance made to the Town of VVells did Order the said Contractors to certifie more particularly what Royalties Hereditaments Liberties and Appurtenances of the Possessions of the late Bishop of Bath and Wells they intended to sell unto the said Town and for what sum And likewise whether they did intend by any General words after the first Contract signed by Casebeard to sell them any more then was comprehended in the first Contract and Particular And whether they sold any part of the Mannor of Wells unto them and what part thereof Certif of Mar. 7. 1648. The Contractors certified Mar. 7. last That they sold to the said Town these particulars The Royalties of Wells and Wells Hundred and the two Fairs of Binegar and Priddy at 30 s. per annum The Collecting of Post-fines and Amercements issuing out of the Exchequer called the Green-wax valued at 10 l. per annum The Leets or Law-days the three-Weeken Courts and Court of Record valued at 8 l. per annum All these were in possession and amount to 19 l. 10 s. per annum and sold at 20 yeers purchase The four Fairs in Wells after 3 lives in being valued at 5 l. 13 s. 4 d. at four yeers purchase Which sums at the rates abovesaid make the total sum of the Purchase 412 l. 13 s. 4 d. This was the just sum for which they Contracted according to the values in the Survey And more then these things the Contractors never intended to sell them any thing The said Contractors do further Certifie these Particulars wherein they were surprized viz. The two weekly Markets were unduly thrust into the sum of 5 l. 13 s. 4 d. at which the four Fairs in the Town alone are valuable which is not warranted by the Survey And the Markets are valued at a considerable sum by themselves for which nothing is paid in the Purchase They were perswaded by Casebeard that the Baylywick contained no more but what is before expressed under the 25 l. 3 s. 4 d. and thereupon the Contractors put it into the Contract whereas the Survey beside all the particulars before rehearsed afterwards mentions and values the Baylywick distinctly and by it self at 40 l. per annum in reversion after three lives which the Town hath gotten into their last Particular and Conveyance paying nothing for it and left 14 l. 6 s. 8 d. chargeable upon the Mannor for the Bayliffs fee to be paid by the State notwithstanding which must be reprised to the Purchaser of the Mannor They further say that the Guild-Hall and Prison neither were in the first Particular nor at all Contracted for Nor were they at all returned or mentioned in the Survey whereupon that Particular was grounded and so could not be intended to be sold unto them They say they never intended to sell nor did the Town at all desire to buy any part of the Mannor of Wells or of any other Mannor Only they intended to sell the Royalties of the Burrough and Hundred so that the Lord should not have ought to do with the Corporation nor they with him or any of his Tenants by way of Jurisdiction by vertue of their Purchase They Certifie that they never intended by any words General or Special to sell any thing to the said Town more then was truly and really intended to be sold unto them in the first Contract The Town therefore have greatly abused and wronged the State both in Special words as also in General words thrust into the last Particular By Special words they carry these things which were never sold unto them viz. The whole Baylywick valued after 3 lives in being at 40 l. per an Two weekly Markets in the City of Wells which are of good value The Guild-Hall and Prison which have ever belonged to the Lord of the Mannor All VVaives and Strays Deodands and Felons Goods c. upon the Mannor which were ever distinct from those of the Town and Hundred All Courts Baron and Minery Courts valued at 40 s. per an All VVays and Streets which have ever belonged to the Lord of the Mannor By General Words they have taken into their last Particular and Conveyance All 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 VVells-Forum or any part or parcel thereof unto the late Bishop of Bath and VVells or any other Bishop there in right of the late Bishoprick of Bath and Wells at any time within ten yeers before the beginning of the Parliament of England now assembled at Westminster belonging or appertaining Under these General words so unduly thrust into the last Particular by vertue whereof their Counsel told you that they conceive they have bought very much of the Mannor of Wells may be comprehended and hereafter claimed as being within the Hundred of Wells 1. The Royalties of the Lot-Lead valued per ann at 80 l. 2. The Royalties and Services of the Mannor of Wells and rent both of the Mannor and Burrough valued per ann at 150 l. 3. All Wasts Herriots Commons Services of Tenants c. which are many and great To say nothing of the Mannor of Westbury within the same Hundred also These things valued in the Surveys amount per ann to 250 l. VVhich after the rates of the Purchase made by the Town comes to 5000 l. By means whereof the Contractors have had the Mannor of Wells lying upon their hands for divers moneths And the State hath all the while paid Interest for at least 5000 l. for that the said Contractors could not perfect a Particular of that Mannor till this Obstruction he removed which the Town refused to yeeld unto in an amicable way although earnestly desired by the Contractors so to do This abuse the Contractors were unwilling to charge upon the Corporation it self but first imputed only to their Agents But upon the Summons of the Town hither they have openly owned and avowed it by their Counsel and the imbezelling of the first Particular and the drawing up of a new one by the said Maior without Warrant whence all this mischief to the State is risen hath likewise been confessed by Casebeard then appearing and speaking in the name of the whole Corporation Lastly What means have been used to perswade them to rectifie this in a more private way without troubling the House and how much they have slighted it cannot be forgotten Edm. Harvy On the Backside of which Report was witten by Mr Noel the Clerk Register to that Committee of Parliament as followeth by Order of the present Commissioners for removing Obstructions June 27. 1655. THis Report was delivered in by Colonel Harvie to the late Committee of Parliament for Removing Obstructions mentioned in their Order of
if not timely prevented for the prevention vvhereof and for the better maintaining of a right understanding peace and amity between the said Parties and for divers other good causes and special considerations the said Mayor Masters and Burgesses of Wells aforesaid have by one Letter of Attorny or Deputation under the common Seal of the said Corporation vvhich Letter of Attorney or Deputation bears date the 14 of April Anno Dom. 1649. appointed constituted and authorized Robert Morgan Gent. and Thomas Salmon Gent. two of the Masters of the said City or Burrough together with some others therein named That they or any two of them should treat of and conclude and determine all matters and things that now are or hereafter might be in doubt or difference concerning the premises or any of them and that in the name and behalf of the said Mayor Masters and Burgesses who thereby binde themselves to allow ratifie and confirm whatsoever their said Attorneys or Deputies or any two of them shall do in the premises as by the said Letter of Atturney or Deputation a Copy whereof is now left with the said Doctor Burges appeareth And therefore the said Robert Morgan and Thomas Salmon for and in behalf of the said Maior Masters and Burgesses and by vertue of the said Letter of Atturny and Deputation after Treaty and after mature advise with and full debate of their Counsel learned touching the premises do finally conclude and agree to and with the said Cornelius Burges That the said Maior Masters and Burgesses of the said City or Burrough of Wells aforesaid shall grant and assure unto him his Heirs and Assigns by good and sufficient Conveyance in Law under the Common Seal of the said City and Corporation in such wise as by the Counsel learned of the said Dr. Burges shall be devised and prepared within ten dayes after the draught thereof shall be ingrossed being first perused and approved by Lislibone Long of Lincolns-Inn Esq and rendred to the said Maior of the said City for the time being for that purpose All and all manner of Interest Right and Title which they have or pretend or claim to have to and in all and every the Particulars hereafter following viz. Imprimis All and every the Royalties of Lot-Lead upon the Forest of Mendip and all Royalties Courts Perquisites of Courts Possessions and Hereditaments Rents Fines Heriots Services Eschetes Waives Strays Wasts Commons Ways Streets except hereafter excepted belonging to the Mannor of Wells together with all Rights members and appurtenances thereof for ever Item The free use of the Guild-Hall in Wells aforesaid from time to time and at all times except only such times wherein the said Maior Masters and Burgesses shall make use of the same for holding of their own Courts there to keep and hold all Courts Baron and other Courts of what kind soever not herein and hereby excepted in his own name or in the name or name of his Heirs and Assigns or any of them for ever and by his or their Officers only at his or their pleasure constituted and appointed for ever As also free ingress and egress for himself his Heirs and Assigns and for all Officers and persons resorting thither upon those occasions The said Dr. Burges his Heirs and Assigns for the time being paying only one penny per annum for the same upon the 29 day of September for ever if it be demanded Item All other Fines Suites Services Royalties Courts Perquisites of Courts Immunities Priviledges Possessions and Hereditaments whatsoever lately enjoyed by any of the late Bishops of Bath and Wells in right of the said Bishoprick within the Mannor or Burrough of Wells or Forest of Mendip or any of them within ten yeers next before the beginning of this present Parliament EXCEPTING nevertheless to the said Maior Masters and Burgesses the Royalties of the City or Burrough of Wells aforesaid and of the forreign fee Baylywick 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 all Courts of Record or Court or Courts of Pleas Hundred Courts views of Frank-pledg and whatsoever to view of Frank-pledg appertaineth Courts Leet and other Courts to be holden from three weeks to three weeks from time to time within the said Burrough or within the Hundred of Wells and Wells-Forum aforesaid belonging to the said Burrough or Hundred And except also the Fines Issues and Amercements Perquisites and Profits aswell at the said Courts hereby excepted as at the Sessions of the Peace holden or to be holden from time to time or in the said City And all other Fines Forfeitures Issues and Amercements at the Assizes or elsewhere in the High Court of Chancery the Court of Kings Bench or Common-Pleas or of the Exchequer due and payable by any person or persons whatsoever And also Excepted the Baylywick and Office of Bayliff of Wells and of the Hundred of VVells and of VVells-Forum aforesaid and of the said Liberty of the said Bishop of Bath and VVells within the said County of Somerset And also Excepted 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 VVells or within the said Hundred of VVells and VVells-Forum or any part thereof heretofore or now holden there with all profits and commodities thereto belonging And also excepted all Deodands goods and chattels of Felons Felons of themselves and Fugitives Outlawed persons and of persons put in exigent And also excepted the Office of the Clerk of the Market and whatsoever to the said Office appertaineth and the correction of the Assize of Bread Ale Beer and other Victuals and the trial 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 the inheritance of the Guild-Hall and Prison and the way unto them and the soyl thereof as also all other the soyl Streets and ways necessary and used for holding of the said Markets in the said City Item It is likewise Agreed that the before recited Indenture passed and sealed by the said Trustees as aforesaid to the said Maior Masters and Burgesses bearing date the 22 day of March 1647. shall be inrolled in the Court of Exchequer holden at Westminster and there remain upon Record for ever To the due and full performance of this Agreement and of every part thereof we the said Robert Morgan and Thomas Salmon do in pursuance of the before mentioned Letters of Atturny or Deputation bind our selves and the said Maior Masters and Burgesses of the City or Burrough of Wells aforesaid firmly by these presents Witness our hands and Seals this 9 day of May Anno Domini 1649. Rob. Morgan Thomas Salmon Signed Sealed and delivered in presence of He. Mintern Jo. Mintern Ralph Gall. According hereunto a Deed
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 vvhich the Doctor had before petitioned the honourable Comâ—missioners for Obstructions to hear and determine and after desired â—â— Refer that whole business to four Gentlemen chosen by both Parties â—â— decide all Differences they refused both as being before deteâ—â—mined by Law as before is set forth Nor were these things now bâ—â—fore the said Commissioners but Referred to the Law The Doctâ—â— further made it evident that he should be very greatly damnified if bâ— any Act of his after he had sold those Houses he should confirm an aâ—â—ter purchase thereof to them which the Town had unduly procured a clancular way without acquainting him therewith before their Conâ—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 Thomâ—â— Mead and John Standish as also by their present Mayor and suâ—â— others of that Corporation as they could draw to side with them â—â— may appear thus Mr Mead and Standish have had an allowance of 6 apeece per diem for following this business against the Doctor anâ— upon that account gotten Grants of most things purchased by thâ— said Corporation to satisfie that salary albeit it be too well known tâ—â— at the same time they came up to London in businesses of their owâ— vvhich vvould have forced them to keep Terms here although the Coâ—â—poration had not imployed them Now they seeing that if the Tow had submitted to those Orders that submission would not only have pâ—â— an end to their gaining by these Contentions but perhaps outed them several things granted to them by the Town Therefore on the saâ—â— 25 of Novemb. last so soon as the honorable Commissioners had declarâ— themselves and Ordered what is before recited the said Agents befoâ—â— they went out of the Room where this Cause was heard and Ordereâ— were over-heard to say that they would warrant That the Corporatiâ—â— of Wells should never obey those Orders And the said Mead after the first Treaty had with the Doctor in Welâ—â— said further in the hearing of divers persons that the Doctor hoped thâ— Town vvould do what the said Orders injoyned but he would be dâ—â—ceived And being then told that if the Town obeyed not the Order course would be taken to send Messengers for such as refused Meâ—â— replyed That before the Doctor could procure that they would brinâ— it into the Parliament and there they would have men that should deâ—â— well enough with him or words to that effect And when the saiâ— Mead was again chosen at another Chequer to treat a second time witâ— 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 deâ—siring several Treaties to make a peaceable Conclusion dealt under hand with John Casebeard often before mentioned to undertake thâ— business again as he had formerly done against the Doctor before he reâ—turned the Answer of the Corporation to the Doctor as the Doctor hatâ— 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 disâ—â—â—â—sed