THE CASE OF THE BURROW OF New-Windsor, In the County of Berks, Concerning the Election of their Burgesses to serve in this ensuing Parliament.  
WIndsor is a Free Burrough, which time out of mind hath sent two Burgesses to serve in Parliament.  
The ancient right way of Electing these Burgesses, is by the common Burgesses in general, to wit, the Inhabitants, Householders of the Burrow (being neither Inmates, Lodgers, Sojourners, nor Alms-takers) which is most agreeable to Law, and most usual, where there is no special Custom to the contrary; as where they choose by Freemen, there if a Freeman decay so as to receive Alms, yet his Vote is good. The like where they choose by ancient Burgage-Houses, in point of Tenure, if an Inhabitant of one of those Houses receive Alms yet his Poll is good, etc.  
This Burrow is likewise Incorporate by Charter, consisting of a number not exceeding 30. chosen out of the general Burgesses, Inhabitants, and called by the name of Mayor, Bailiffs, and Burgesses.  
This Select number of Burgesses have pretended to the sole right of Election of Burgesses to Parliament in themselves, excluding the general Inhabitancy, and have occasioned several Competitions in Parliament, viz. Anno 1640. it was adjudged for the general Inhabitants, against the special men: Anno 1661. for the special men, and in the last Parliament for the general Inhabitants again: Where observe by the way, that the Inhabitants in general, is and must be meant the Burgesses in general of the Burrow, with reference to the Burgesses special of the Corporation of the Burrow, that is, the House keepers in general, who are in Law called the Free Burgesses of an ancient Burrough; and not every particular person that lives in the Town, as a Lodger, Sojourner, etc.  
Which being premised for the clearer apprehension of the case, the matter of Fact proceeds thus.  
Thursday, Aug. 28. last, was the day of this Election, as Thursday Feb. 26. was of the former, and perhaps may prove as fortunate to them, where there stood in Competition, Rich. Winwood, and Samuel Starkey, Esquires, who in the last Parliament had recovered the ancient right for the Inhabitants, against the special Burgesses, John Carey, Esq Master of the King's Buck-Hounds, and John Powney, Esq Purveyor of Hay, and Corporal of the Yeomen of the Guard, and who was dismissed the last House of Commons upon the said Prosecution.  
Winwood and Starkey, stood to be chosen by the general Burgesses, Householders of the Burrow, and as near as could be polled no other.  
Carey, and Powney, took far different measures, for having the Mayor and Under-Steward at their devotion for the Return (who did positively refuse to admit any Exceptions or Queries to be entered on the Poll-book, but promised liberty of debate afterwards) they were resolved to have the majority of Votes at any rate, to which end they polled not only Inhabitants of the Burrow (those few whom they had obtained by such undue practices as no Loyal Subject will venture to mention but in the place where they must be adjudged) but likewise the Inhabitants of the adjacent Villages round about, Inmates, Lodgers, Sojourners, Almes-men, Bargemen living 30 miles from thence, Citizens of London, and in short, every person that could give an account of his name, if he were for Carey, and Powney, was excepted.  
Notwithstanding all which, the Majority of Votes yet rested with Winwood, and Starkey, wherefore to make the business sure, His Majesty and the Queen being then Resident in the Castle of Windsor, a place wholly exempt from the Burrow, and only part of the County at large, Carey, and Powney, Summoned in their Servants, polling through all the Offices from the Board of Green-Cloth down to the Grooms, Watermens, Letter-men, helpers in Stables, and Turn-spits (endeavouring to persuade the World, that because his Majesty had been 40 days resident in the Castle of Windsor; therefore by a fatal consequence all the Servants must be Inhabitants and Free Burgesses of the Burrow of Windsor, capable to give Votes in Election of Burgesses for Parliament; whereas if it were possible that such an Imposition could take; yet were they so often changed in waiting, that few had been there 40 days, and besides many of them do not Lodge in Windsor, but the Neighbouring Towns.  
They polled likewise Yeomen of the Guard, Gentlemen of the Horse-guard; and no doubt, would have proceeded both to Horse and Foot; but that the other party cried Quarter; and yielded them the majority of those Votes.  
The Poll being closed, and the Poll-book so disguised, that it was hard to distinguish, whether it were a Poll-book of the general Burgesses of the Burrow, a Roll of the King and Queen's Servants, or a Muster of the Soldiers. Winwood and Starkey took Exceptions to their Poll, and offered to justify their own, and telling the Mayor how dangerous it was for him, whom the Law had entrusted with the discrimination of good from bad Votes, upon every slight occasion, to give a trouble to the House of Commons, who have the great Affairs of the Nation Incumbent on them; desired him to take good advice upon his Return (having time enough) and who ever had the majority of Votes of the general Burgesses of the Burrow, according to Law to return them; which they conceiving themselves to have, demanded; and the Mayor promising to give notice of time to discuss the Queries, and that he would afterwards advise upon his Return. They left him about 12 of the Clock on Friday, to those fair considerations: In the mean time they prepared to make good their Exceptions, taking out a List of particulars from their Counter-poll-books; and plying the Mayor with continual messages, that they could make them good, and that they were sure of the majority of Legal Electors (which they had by many Votes) viz.  

Starkey 212 beside Queries.  
Winwood 191 beside Queries.  
Powney 154 beside Queries.  
Carey 96 beside Queries.   
The Mayor still returned for answer, he would take time, and make his Return with good advice; declaring he did believe in his Conscience, Winwood and Starkey had most of the Inhabitants; and that those people (meaning the King and Queen's Servants, etc.) had no Votes.  
Winwood and Starkey remained satisfied the Mayor would be just; but instead thereof, Monday following, their names were in the London-Gazette, as chosen Burgesses for Windsor, before they were proclaimed there, longing it seems to publish the conquest to the World, where it was taken for granted they would be so, and accordingly the same day, the Under-Steward having made a learned speech among the brethren of the Corporation in their Guild-Hall, signifying that Carey and Powney had the majority of Votes, and if any Exceptions were to be taken, the proper place was the House of Commons, they prevailed with the Mayor to Seal an Indenture of Return of Carey and Powney, and so proclaimed them, without any decision of the Queries, or any reason offered by the Mayor for it; but that he durst not Return Winwood and Starkey, for if he should they would kill him.  
Which arbitrary and illegal proceeding of theirs, contains in it, not only merit of Election, but also great matter of Grievance, being as it were one general assault upon all the Laws made for the preservation of the Freedom of Elections, it is therefore hoped the Honourable the Knights, Citizens and Burgesses, when they shall be assembled in Parliament, will be pleased to hear this Cause at the Bar of the whole House; where Mr. Winwood and Mr. Starkey, having experienced the great justice of the last House of Commons, do not question but to be vindicated, and the Offenders for example sake strictly punished.  
The Clemency of the last House towards this Mayor, has made way for the Justice of this; for had he suffered for his false Return then, he would have taken more care for a true one now; for till a Bill can pass for Regulating Elections, without doubt the way to have true Returns, is severely to handle not only the proper Officers directly, but likewise the Contrivers and managers of false ones, especially having not the least colour of a point in Law to warrant them: According to the good and famous example of the case of Norfolk, in the last House; where not only the proper Officer, the Sheriff, was committed for misdemeanour in the Election for Knights of that County; but likewise a Doct. who had dispersed a great man's Letter, influencing the Freeholders to one particular party, contrary to Law, was ordered to be sent for, as a Contriver of undue practices; by which means there will be less heat in Elections; and Gentlemen, fairly and indifferently chosen by their respective Countries, will be returned without the charge of Petitions, the inconvenience whereof is scarce conceivable, but by such persons as have been concerned in them, they being obliged to struggle not only against the foulness of the action, but likewise with the urgency of public Affairs to get a hearing; and to which this Cause of Election is humbly referred, with this, that much more will be proved at the hearing than is here set down.  
FINIS.