THE CASE OF THE PURCHASERS of some LANDS, belonging to the Corporation of Malmesbury, in the County of Wilts, by Leases for 21 Years.  
THE Burrow is an Ancient Burrough, and had several hundred Acres of Land given the Burgesses and their Successors by King Athelstane, 7 or 8 hundred years since, which were confirmed by several succeeding Kings of England.  
That King Charles the 1st, in the 11th year of his Reign confirmed the said Charter, etc. and granted them several other Privileges; the Burrow at first consisting only of free Burgesses, but of late years there is an Alderman, 12 Capital Burgesses, 24 Persons called Assistants, Land-holders' and free Burgesses.  
That about the beginning of the Reign of King James the 1st, the Aldermen and 12 Capital Burgesses usurped to themselves 13 several enclosed Grounds, part of the said Lands which caused great Differences, and Law-Suits between them and the free Burgesses; but about the 6th year of the said King, it was agreed amongst themselves, that the 13 Capital Burgesses should hold the said Grounds as long as they continued Capital Burgesses, paying 10 l. per Annum to a Free-School, and 10 l. per Annum to an Almshouse, but were often interrupted by the free Burgesses, for that the said Lands ought to have been held (as they were given) in Common.  
That 4 or 5 years since a Quo Warranto was brought against the Corporation, and prosecuted to Judgement, and entered, and the Corporation and Lands seized.  
That some short time after the late King James the 2d did by Charter, (amongst other things) grant to the Burrow the Lands aforesaid, and named therein an Alderman and 12 other Capital Burgesses.  
That presently after the Persons within the Corporation cut down the Hedges, and leveled the Ditches of the 13 Grounds, and made it Common, and claimed it in Common, and denied the new Capital Burgesses to hold it, as it was formerly held by the old ones.  
That afterwards a Common Hall was called within the Burrow, there being present all the Magistrates, and the major part of the free Burgesses, for settling the said Lands belonging to the said Burrough, as also the said 13 Grounds and other Agreements, and By-Laws, etc. And that then all things were settled and agreed on by all Persons then present, (Nemine Contradicente) which were many more than the major part of the said Burgesses, and for that there had been several Disputes in former times, and then concerning the said 13 Capital Burgesses holding the said 13 Grounds to themselves, which ought to have been held in Common, it was agreed that the said Lands should be Leased out to Tenants for any Terms, not exceeding 21 years to raise Money to pay the Corporation's Debts, reserving 50 l. per Annum, (viz.) 10 l. per Annum to a Free-School, 10 l. per Annum to an Almshouse, as formerly, as also 5 l. per Annum to a Bell-Man, 5 l. per Annum to the Steward, 15 l. 10 s. per Annum, an Addition to the Alderman for his Table, etc. the remainder for a Town-Stock.  
That the same was drawn into Writing, and Signed by the major part of the Corporation, and by 7 or 8 of the Persons who call themselves the old Burgesses, some of them receiving part of the Fines, there being not above 2 or 3 now living that did not consent with the Common Seal of the Burrow affixed, which said Agreement was decreed in Chancery, and (amongst orher things) is in these words, (viz.) That the 13 Grounds called the Burgesses parts, and all other Lands and Rents being part, or parcel of the said 13 Grounds, or thereunto belonging, and all other Lands held in severalty by the late Capital Burgesses, shall from time to time hereafter be Leased out by the Alderman for the time being, the High Steward, or in his Absence his Deputy-Steward, and Assistant therein named, and the 4 other Stewards of the 4 several Companies, or the major part of them, the Alderman for the time being to have a casting Voice, and always to be one for any term of Years, not exceeding 21 for such Fines, as they shall agree, provided the whole Rent reserved for all the said Lands to be Let, shall be 50 l. per Annum at the least, clear of all things.  
That the Alderman, and the major part of the Persons appointed to make Leases, did make Leases under the Common Seal of the Burrow, to Tenants for valuable Considerations, reserving the 50 l. per Annum, Rend as aforesaid, which Tenants to their great Costs have improved the said Grounds, and some of them have burnt, baked 4 of the said Grounds, and sowed Wheat on them at Michaelmas last, now worth near 200 l.  
It is intended on behalf of the old Burgesses, upon the Report of the Committee of the Bill, for restoring Corporations, to move the House to alter that Clause in the said Bill, that provides for all Lessees of Lands, etc. and get a Clause inserted, to destroy the Tenant's Leases, without satisfying the Money paid by them, for Fines and Improvements, although the Leases were made by the major part of the Corporation, as also by seven or eight of themselves as aforesaid.  
The Tenants hope that the Parliament will not insert any Clause to make void their Leases, they being Purchasers on valuable Considerations, as also sowed their Corn peaceably, being matter of Title, and for the Reason's aforesaid.  
One W— A— though one of the Lessors, and a Party to the Agreement and Decree, is now Solicitor against the Tenants, and (as we are informed) hath wrote a Paper of the Case, with a great many voluntary Mistakes, and Misinformations.  
The Tenants are willing to accept their Fines and Improvements.