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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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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
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
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
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
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.