THE CASE OF THE City of London. 1. THE City of London is a Body Politic by Prescription, and many Charters, Confirmed by Magna Charta, and many Acts of Parliament, whereby it hath many Powers and Privileges, which belong to the Freemen only of the Body, Exclusive to all others. 2. The chief and highest Privilege of the said City, or Body Corporate, and of all the Freemen thereof, is a Power to make Bye-Laws for their own better Government and Advantage; and whilst the Freemen exceeded not the numbers that could meet and consult together, they were Assembled, and made such Laws for themselves as they thought fit. 3. When the Freemen were too numerous to Consult in one Assembly, after various ways practised to have themselves represented in Councils about their good Government: It was at last agreed, (some Hundreds of Years since) That a competent number of the Freemen should be Yearly Chosen at the Wardmotes, to represent in Council the whole Body of the Commonalty of the City, and to act and consent for them in making their Bye-Laws, and ordering all the greatest concerns of the City; and those Freemen so Chosen by all the respective Wards, have had, and still have the name of the Common-Council of the City, who, together with the Lord Mayor and Court of Aldermen, make up the Court of the greatest Authority, under the name of the Mayor, Citizens, and Commonalty of the City of LONDON. 4. There are many Inhabitants within the several Wards, who are not Freemen of the City, or Members of the said Body, who are nevertheless Bound (as all Residents are) to come to the respective Wardmotes, wherein the said Members for the Common-Council are yearly Chosen; and all those Inhabitants, though not Free of the City, if they pay Scot and bear Lot, have always had Voices in the Choice of the Constables, Quest-men and Scavengers for their Ward, and may be Chosen to those Offices which concerns equally all the Inhabitants in the respective Wards, as they are Inhabitants of those Precincts, though no Members of the Body Politic of the City. But the said Inhabitants that are not of the Body of the City, do now claim to have Voices in the Election of the Freemen, that are to represent the whole Body Corporate of the City in Common-Council, because they are Chosen at the Ward-mote, to which such Inhabitants are summoned, though they do not pretend that they are capable to be Chosen; and upon the like ground the said Inhabitants also claim to have Voices in the Election of the Aldermen of the said City, or Body Corporate. Query 1. Whether by the Charters Incorporating the City, the Inhabitants within the Wards, not being Members or Freemen of the City, have any Right to give their Voices in the Election of the Aldermen or Common-Council-men of the same? Query 2. Whether the Permission of such Inhabitants as are not Free of the City, and by Negligence, Connivance, or otherwise, to have given their Voices in some such Election at the Ward-motes, do give them any Right or just Claim to the Privilege of Freemen in the Choice of the Aldermen and Common-Council-men of the Body Corporate of the City?