Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	county_n	hereditament_n	tenement_n	2,209	5	10.3670	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

Contractors for the sale of the said Lands IN pursuance of your Honours Order of the 27 of February last touching VVells we do humbly certifie as followeth In the first Particular the things brought in amount to 25 l. 03 s. 04 d. per annum The things in the Survey valued and contained in that Particular do make up that sum Which things are these viz. The Royalty of VVells-Forum within which are two Fairs to wit of Priddy and Binnegar valued in the Survey at the yeerly sum of 01 l. 10 s. 00 d. The Collection of certain Post-fines and Amercements issuing out of the Exchequer called the Green-wax within the Liberty of the said Bishop valued at the yeerly sum of 10 l. 00 l. 00 l. The Leets or Law-days within the City of VVells and every week a Court of Record and every three weeks a three weeken-Court valued in the Survey at the yeerly sum of 08 l. 00 l. 00 l. The four Fairs in VVells the Profits whereof go to the Bayliff for three lives yet in being valued at the sum of 05 l. 13 s. 04 d. The whole sum for this Purchase at 20 yeers for the 19 l. 10 s. in possession and for 5 l. 13 s. 4 d. after 3 lives at four yeers purchase amounts in all to 412 l. 13 s. 04 d. But we certifie that the Hundred was included in the nineteen pounds ten shillings per annum in possession And that the Markets were thrust into the first Particular as valued under the five pounds ten shillings four pence for the Fairs in VVells which we now find to be a mistake and surprize The said Markets were severed from the Fairs in the Survey and not valued though valuable VVe also certifie that being informed by Casbeard that the Baylywick contained nothing more then is comprehended in the Particulars here above specified unless what is made out of the Bayliffs labour upon that ground only we did admit the Baylywick to be put into the said Contract wherein we also find our selves mistaken and surprized it being of greater value and extent VVe did likewise intend to sell to the said Town all VVaives and Strays Felons goods c. as in the Survey within the said Town and Forum belonging to the said Town or Burrough and Forum only And the VVays and Streets mentioned in the said Particular were no otherwise intended by us to be sold unto them but in reference to the Fairs and Market place only As for the Guild-Hall and Prison we neither did nor could intend to sell these unto them they being not at all in the Particular by which we contracted with the Town And how they came in afterwards we do not know they being not then returned in the Survey Other then the Particulars hereabove specified we never intended by any words general or special to sell them any thing although within the said Town of VVells or Hundred of VVells and VVells-Forum Nor do we know that those things are any part of the Mannor of VVells of which or of any other Mannor we never meant to sell them any thing Only we intended that as on the one side the Corporation should be free from the Lord of the Mannor so on the other side that they should have nothing to do with the said Lord or with any of his Tenants or with his or their Possessions by way of Jurisdiction over him or them by vertue of their said Purchase Gurny-House 7 Mar. 1648. VVill. Roberts Ti. Middleton Rob. Fenwick Ja. Russel John Blackwel Rich. Turner Thomas Ayres This being certified It was Ordered that a Sub-Committee should draw up a Report of the whole business to be by that Committee Reported to the Parliament in case the Town of Wells some of them confessing the truth of that Certificate should not forthwith relinquish and reconvey the residue unduly thrust into their Conveyance And then the said Contractors and Committee of Parliament pressed Dr Burges to go on with the purchase of the Mannor of Wells vvhich he accordingly did For on the 16 of March then instant he contracted for the Mannor of Wells and for whatever else was then unsold that belonged to the late Bishop of Bath and VVells in or about VVells in right of his said Bishoprick But before the Contract was signed Colonel Web came to the Contractors with a Message from the Trustees to des re them to beware what they did in selling the Mannor of Wells and what else was the Bishops there for that those Trustees were informed that there were divers things belonging to the said Bishop in and about Wells that were not surveyed Doctor Burges then desired him to instance what those things were but none could be given Whereupon the Doctor having before met with some c. that so soon as they heard he was about that purchase sought to deter him from it he took it to be some Artifice of theirs to hinder his present proceeding Therefore he first appealed to the Contractors and Register whether they could upon a bare suggestion refuse to sign a Contract made according to Ordinance of Parliament They answered No. Doctor Burges then offered that whereas divers purchases of several things in and about Wells had been made before his if the Contractors would engage to allow him a Reprise for whatever should appear to be sold before or not to be part of the premises for which he now Contracted he would enter an engagement to them to pay for whatever more than was then Surveyed should be after within a fixed time then to be agreed upon discovered according to the rates at the Contract agreed upon Provided he might have his Conveyance in such comprehensive words as might take in all without a new Deed of purchase The Contractors consented and set six Moneths for the time of discovery Dr Burges then signed the Contract with this clause in it On the 19 of that Moneth the Contractors signed the Contract which was to be absolute according to the Particular therefore they took no notice therein of this Agreement Yet for discharge of their Trust they after certified it to the Trustees and gave the Doctor a Duplicate thereof subscribed with their own hands in these words WE the Contractors vvhose names are subscribed do hereby Certifie That we have taken an engagement of Dr Burges purchaser of the Mannor of Wells in the County of Somerset under his hand That in case any other Land Tenements Rents or hereditaments shall vvithin six Moneths to be accounted from the 16 day of March instant be discovered which may possibly pass by the general words contained in his Particular albeit not comprised or mentioned in any of the surveys The said Doctor shall pay for the same at such proportionable rates as he hath Contracted for other the premises With whom also we have agreed that a Reprise shall be allowed to him according to such proportionable rates for whatsoever Lands Tenements Rents or Hereditaments mentioned

Agents of the Corporation of Wells as he vvas a Member of that Committee of Parliament for removing Obstructions who ordered him so to do And then followeth a more full Narration of the vvhole The Oath is this Affidavit of Col. Harvy COlonel Edmond Harvie of Fulham in the County of Middlesex maketh Oath That he in the yeer 1648. understanding that Dr Cornelius Burges having lent several sums of money to the then Parliament upon the Publick Faith had some desires to take it out in the purchase of Bishops Lands and requesting this Deponent to make some purchase thereof for him this Deponent acquainted the Contractors for sale of the said Lands and some other persons of quality therewith And it being conceived that it would be for the service of the Parliament to engage Ministers and especially the said Doctor in the purchase of those Lands it was thought fit to put him upon purchasing the Mannor of Wells parcel of the Possessions of the late Bishop of Bath and Wells and of all else there then uncontracted for the Contractors declaring that they having made divers sales of sundry parcels thereof before resolved to make but one contract more for all then unsold That the Doctor being told hereof said he would first go to Wells and see it and afterwards wrote to this Deponent to purchase it for him This Deponent thereupon desired a Particular thereof to contract upon But before any Contract signed the said Doctor told this Deponent and the said Contractors that having informed himself of the Conveyance to the Corporation of Wells made almost a yeer before he found that divers things now put into his Particular were passed before to the said Corporation and therefore he refused to contract till those things were cleared saying he would not purchase to himself suites in Law instead of Bishops Lands or words to that effect That the said Contractors taking this into consideration and finding it to be so they first as this Deponent hath credibly heard wrote to the said Corporation to rectifie the same in a fair and friendly way which they not doing the said Contractors Certified the same to the Committee of Parliament for removing Obstructions as a great obstruction in sale of the said Mannor praying their ayd for redress Which Committee thereupon issued Summons to the said Corporation to answer the same That upon their appearance and hearing of both Parties that Committee ordered the said Contractors to certifie more particularly what they did indeed sell to the said Corporation and wherein they were surprised Which the Contractors accordingly did about the beginning of March 1648. as this Deponent believeth After which the said Committee of Parliament appointed some of their own number to draw up the full state of this business and to report it to that Committee that it might afterwards be Reported to the then Parliament in case the said Corporation should not give satisfaction therein Of all which the said Dr. Burges was to have Copies And the said Committee and Contractors being together assured him that they would endeavor to see all rectified and reconveyed if he would go on in the purchase of the said Mannor and premises That the said Dr. as appeared to the said Commissioners being satisfied herewith desired this Deponent to Contract for the same which he accordingly did and the Dr. Signed the said Contract paid in his purchase-mony and had a Conveyance thereof Sealed before the 25 of March 1649. as this Deponent beleeveth to which he referreth for more certainty This Deponent further deposeth that the Sub-Committee of the said Committee of Parliament having drawn up and certified the State of this business to that Committee the said Corporation in April following as this Deponent hath heard and beleeveth did impower some of their Members to treat with the said Committee of Parliament and to end the same But this coming to nothing the said Committee committed to safe custody John Casbeard as one of the Agents of the said Town of Wells and fining yet no satisfaction they Ordered the said Case to be reported to the then Parliament as it was if satisfaction should not be given in one month And this was done as he remembreth in or about May 1650. he being then a Member of the said Committee but referreth himself to the said Order and Report That after making of this Order a Reference was desired and there were chosen by the said Town or their Agents as this Deponent beleeveth Lislibone Long Esq now Knight and Recorder of London and Colonel Dove for the said Town and the said Dr. Burges chose this Deponent and Major Salway for him to arbitrate and agree the same VVhereupon out of a desire of friendly composing all differences herein this Deponent met the said Persons and often met with the said Lislibone Long and in the presence of some of the said parties or their Agents did after many Debates two several times agree the same with the said Lislebone Long who desired that he might acquaint the said Corporation with the said Agreements before Signing to which this Deponent consented But afterwards the said Lislibone Long told this Deponent that the said Corporation did not like the Agreements After which this Deponent heard nothing more hereabout from that Corporation Edmond Harvy This contains a Brief of the Business from the yeer 1648. to the end of the yeer 1652. and therefore is here inserted that the Readers may be satisfied both with the matter and manner of proceeding so far forth as that Affidavit extendeth Now that it may appear he hath deposed nothing but truth hereunto is added a more full and distinct relation of the several steps of proceedings of the said Contractors and Committee of Parliament concerning this business as well as what after happened between the Corporation and the Doctor when he coped with them upon the account of a Purchaser Where first take notice that the Doctor having been at Wells to take view of what was there to be sold had some conference with the then Maior who refused to part with any thing comprised in their Conveyance The Doctor therefore at his return to London told the Contractors that he had no hope to recover any thing back which by words the Town had gotten into their Conveyance The Contractors thereupon wrote this ensuing Letter Gentlemen Contractors to the Corporation WE find upon the Sale of the Mannor of Wells whereof you never bought any thing that there is a very great Obstruction in perfecting the conveyance of the said Mannor by means of sundry words which over and above the Contract first made with us you have by Counsel gotten into your Conveyance to the surprisal of this Committee and the prejudice of the State We are very unwilling to impute any thing to your Corporation but what is just and worthy of it but rather apprehend it at present to be a peece of the skill of your Counsel

to give you words enow and without due limitations We therefore desire you to send up some of your Members forthwith unto us with full power to clear all things that are now doubtful and to quit whatever appertaineth to the Mannor of Wells or to any other Mannor of the late Bishop of Bath and Wells The interest of the State to which we are sworn requires us to press you that this may be done by you before the thirteenth day of Decemb. next Otherwise we shall be enforced to take such speedy course herein as to justice and equity shall appertain in the pursuance of the Trust of Gurny-House 10 Nov. 1648. Your very loving friends Ti. Middleton John Blackwel Tho. Ayres VVill. Roberts Rob. Fenwick Edw. Cresset To our very loving friends the Maior Masters and Burgesses of Wells in the County of Somerset These This Letter being delivered and taking none effect the Contractors Certified to the Committee of Parliament for removing of Obstructions as followeth To the Honorable the Committee of Lords and Commons for removing of Obstructions in the sale of Bishops Lands The humble Certificate of the Contractors for Sale of the said Lands WHereas at the suit of the Maior The first Certificate of the Contractors against the Corporation Masters and Burgesses of Wells in the County of Somerset we did 26 Novemb. 1647. grant an Order for the making forth a Particular of the Liberties and Baylywick of that Burrough VVells-Forum and VVells Hundred who have ever been distinct from the Mannor of VVells late parcel of the possessions of the late Bishop of Bath and VVells and upon Treaty did Contract with their Agent for the premises only but not for any part of the Mannor of VVells Now so it is that when we came to Sign that Contract It hath been said in excuse of this change of the Particular that nothing is more ordinary then to alter the Particular to satisfie a Purchaser but this was never to be done but by special Order of the Contractors themselves who in this Case made no Order at all Nor did they ever give warrant to alter after a Contract made or to put in any words that might carry more then was really to be paid for and a VVarrant to the Trustees for the drawing up a Conveyance another Particular was presented to us with the said Contract and VVarrant entred thereon In which Particular divers general words being by the Counsel inserted without due limitations the extent whereof partly through multiplicity of business lying upon our hands and partly also through the pressing importunity of their Counsel hastening us for a dispatch we did not so well apprehend we did set our hands to the said Contract and VVarrant for drawing up a Conveyance according to that Particular but with no purpose to pass any thing pertaining to the Mannor VVhereupon their Counsel took advantage so to have the Conveyance drawn up as now appears to be greatly prejudicial to the State Having in it sundry general words which in time possibly may be construed to take in so much of the Royalties and profits of the Mannor of VVells of which we never sold them nor they desired to buy any thing as may amount to a considerable value above what they paid for their purchase beside much wrong to the Mannor and to the purchaser thereof Yea when we came to sell the Mannor it appeared to us that we have been so far surprized in the said Particular and Conveyance passed to the said City that we cannot perfect any Particular of that Mannor to the satisfaction of a Purchaser until the Conveyance passed to the said City be first reviewed and rectified By means whereof the State suffers dammage to a great value So soon as this was discovered we desired the Trustees in September last to direct their Order tot the Surveyors of that Mannor forthwith to enquire and certifie what was peculiar to the Mannor distinct from the Burrough and other the premises Upon which the Surveyors did their endeavors and dealt with that Corporation to state the same but received a dilatory and unsatisfactory answer Whereupon we did on the tenth of November last write a more pressing Letter to the said Corporation to let them know they had abused not us alone but the State also requiring them to send up some of their Members fully impowred to clear all doubts and to disclaim whatever appertaineth to the said Mannor before the 13 of this month which was delivered to the Maior upon the 18 of November last To which the Maior hath sent no other answer but a desire to be excused till the next Term pretending they had not their Counsel by them not considering how much the State is prejudiced thereby and that it is matter of fact not of Law that is now in question and that they might have had their own or any Counsel present in case they had needed Counsel We therefore in discharge of our Trust held it our duty timely to represent this to your Honors Humbly submitting it to your grave consideration VVilliam Roberts Edw. Cresset Ti. Middleton Robert Fenwick John Blackwel Thomas Ayres James Russel Gurny-House 22 Decemb. 1648. Upon consideration had of this Certificate the said Committee of Parliament issued an Order of Summons Decemb. 28. 1648. Requiring the said Maior Masters and Burgesses to attend the Committee by themselves or by some others sufficiently instructed herein within ten days after notice thereof c. to answer the premises and hereof they were not to fail Order of Feb. 16 1648. Feb. 16. 1648. they appeared by some of their members and Counsel and being heard a Sub-Committee was appointed to examine the whole business at Gurny-House and to State and report the same upon VVednesday following Order of Feb. 27 1648. But this being not done The Committee resumed the matter upon the 27 of the same Month and then it was Ordered that the Contractors should forthwith more particularly certifie what Royalties Hereditaments Liberties and appurtenances of the possessions of the late Bishop of Bath and Wells they intended to sell unto the Town of Wells and for what sum And likewise whether they did intend by any general words after the first Contract Signed by the Agent for VVells to sell unto the said Town any thing more then was comprehended in their Order of Contract and first Particular and Contract Signed by the said Agent And whether any thing so sold unto the said Town be any part or parcel of the Mannor of Wells or of other the Possessions Hereditaments or Royalties belonging to the said Mannor And if any what Possessions Hereditaments or Royalties belonging to the said Mannor they so sold This Order being transmitted to the Contractors they certified as followeth To the Right Honourable the Lords and Commons for removing of Obstructions in the Sale of Bishops Lands The Contractors 2. Certif Mar. 7. 1648. The Humble Certificate 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