THE CASE of the Bayliffs and Burgesses Of the BOROUGH of DROYTWICH In the County of WORCESTER.
KING John by Charter in the 17th. year of his Reign, granted to the Burgesses of Wych, and their Heirs, all he had in Wych, together with the Salt Springs, Liberties, Customs, and Apurtinances under a Fee-Farm Rent of 100 l. Sterling per annum, by virtue of which Grant, the Burgesses became seized of the Salt Springs in Fee.
There have all along been Three Salt Springs or Pits, two in Nether-Wych, and one in Ʋp-Wych, within the Liberties of Droytwich; and the salt Water springing in the two Pits in Nether-Wych hath been divided into Thirty two Shares or Parts, called Bullaries or Phats; and the Water springing in the Pit in Ʋp-Wych into about 372.
The said Burgesses have always been a Body Politick, and sent Members to Parliament, 26 Edv. primi (before any other Charter was granted to them) and have made By-Laws for the Regulation and Government of the Salt Works, and two of them were yearly elected Bayliffs for collecting the Fee-Farm Rent, and putting the By-Laws in execution: For the payment of which Rent, and for the maintenance of the Rights and Customs of the Corporation, they give 1000 l. Security when they enter into Office.
The Burgessship hath descended from Ancestor to Heir, and for supportation of the Corporation, it hath been the usuage and custom of making Burgesses two ways, viz. A Burgess by Birth hath had power to make his younger Children, Brothers or Sisters Burgesses, by granting to each a quarter of a Bullary or Phat of inheritance, which is called Adoption; and the Burgesses at their general Assemblies have had power, by unanimous consent, to elect any Person having a quarter of a Bullary or Phat of Inheritance a Burgess, and without such share of Inheritance none could be made or continue a Burgess.
The Burgesses have granted several of the said Shares of Salt Water to other Persons, but no part of the Soil of the said Pits, which still remains in the Burgesses, and the Purchasers have right only to Proportions of the Salt Water, in the same manner as Tenants have to Harbage where the Soil is the Lords, and were never esteemed Burgesses, or admitted to Vote in their Assemblies, but were always distinguished from the Burgesses, and are called Commoners; and when any Commoner purchased or aliened Possession was delivered and received by a Burgess by Letter of Attorny, and no Commoner has any Possession in the Pits, nor can call any Brine his own before it be delivered to him by the Bailiffs.
The Burgesses are now about Fifty five, who have about 150 Shares or Phats; there are about Sixty Commoners, who have about 100 Shares, and are satisfied with the present Government; and the Commoners who complain are about Thirty five, and have about 150 Shares.
The Bayliffs desray all publick Charges relating to the Salt Works, and a Month before the expiration of their Office, deliver their Accounts to the Town-Clerk, where all Persons concerned in the Salt Works may have Copies, and liberty to object against them at the general Assembly or great House before they are passed, which is always held upon a day certain. And all Orders made at the lesser Assemblies are controulable at the next General Assembly or great House.
The Bayliffs have an Allowance in Salt Water for satisfaction of their Disburstments.
That several of the Commoners exhibited a Bill in Chancery complaining of mis-management of the Salt Works by the Bayliffs and Burgesses, and 8 Car. prim. the Cause came to hearing before the late Lord Keeper Coventry who (as a Purchaser) had a Considerable Estate of Inheritance; and a Decree was then made by consent of all Parties, whereby the Customs of the Corporation were affirmed, and the Right of Government of the Salt Works declared to be in the Burgesses, and hath been so adjudged upon several Tryals at the Bar, and no Judgment hath ever been given to the contrary.
The Commoners, who are now Prosecutors, and would have the Government, exhibited a Bill in Chancery about Four Years since, setting forth, That every Person who hath a quarter of a Phat of Inheritance, ought to be admitted to Vote as a Burgess; and complaining of the like mis-management of the Salt Works, upon hearing of which Cause 7 Junii 1687. the Bill, as to the pretence of Burgesship, was dismiss'd, and it was referred to a Master of the Court, to examin into the matter of the other Complaints, who has certified the Bayliffs and Burgesses have acted pursuant to the Customs, and the Matter is at this time before that Court: And if the Burgesses do any injury in the management of the Salt Works, the Commoners may have redress either at the Law, or in Equity.
That some of the Plantiffs in that Suit, the Second of July 1687. petitioned the late King for a Quo warranto against the Corporation, who vigorously prosecuted the same; and also Informations against several of the Burgesses in their private Capacities, who for making their lawful Defence, were petitioned against to the late King, by those who obtained the Quo warranto; by which means the Corporation was at last forced to surrender, not only the Charter granted by King John, by which they held their Estates, but also their other Charters of Incorporations.
There have been several Phats and parts of Phats given and allowed to the School-Masters of the Free-School, in lieu whereof, they have time out of mind had Salaries paid by the Bayliffs, and if the Government be changed, that Charity may be defeated.
As the Corporation had its Original from, and is founded upon the Salt Works, and purely supported by them, out of which the Bayliffs, Recorder, Town Clerk, Serjeants at Mace, and other Officers, have always had Allowances or Salaries; and if those Allowances and this Usuage or Custom of making Burgesses be taken away, the Corporation must consequently dissolve.