The CASE of Sir CHARLES' PORTER Knight. WILLIAM ADDERLEY Esq Touching their Election for New Windsor. SIR Christopher Wren, and Baptist May Esquire, were chosen by the Mayor and Select Burgesses only, not exceeding Thirty. Sir Charles Porter, and William Adderley Esquire, by the General Burgesses and Inhabitants, paying Scot and Lot; who doubt not but to prove, that the Right of Election is in the general Burgesses, and consequently, that they are duly Chosen. 1. From Ancient Returns. 2. From Judgements in Parliament. Precedents of Returns. 25. Hen. 6. Major & Communitas Burgensium Elegerunt, etc. In sujus Testimonium Sigillum Commune Omnium & singulorum Burgensium, & Communitatis praedict' est appensum. 27. Hen. 6. Return in the same Words. 29. Hen. 6. Return in the same Words. 39 Hen. 6. Major Ballivi & tota Communitas Elegerunt, etc. 17. Edw. 4. Return, Per Majorem ville five Burgi simul cum Ballivis, Burgensib' & Communitate. 1. Mary. Return, Per Thomam Goade Majorem ville five Burgi de nova Windsor in Com' Berks, simul cum Bugensib' & Communitat ' etc. 1. & 2. Ph. & Mary. Major & Ballivi & Burgenses simul cum Communitate ex Communi assensu Elegerunt, etc. 2. & 3. Ph. & Mar. Return, Per Majorem simul cum Burgensib', & Communitat '! 4. & 5. Ph. & Mar. Return in the same Words. 1. Eliz. Major simul cum Ballivis Burgensib' & Communitate Elegerunt, etc. 16. Car. 1. 17. Car. 1. Mayor, Bailiffs, Burgesses and Inhabitants, have Chosen and Sealed with the Common Seal and the Inhabitants. Judgements in Parliament. In the Years 1640 1679 1980 Resolved, That all the Inhabitants in general, and not the Special Burgesses only, have the Right of Electing Members to serve in Parliament. OBJ. 1. That some latter Returns are by the Mayors, Bailiffs and Burgesses, and under the Common Seal. Answer. That makes nothing against Us, every Inhabitant being a Burgess by the Charter of Ed. 4th, and most Returns where there is a Mayor, being under the Common Seal, tho' they Choose by the Inhabitants at large. Vid. Char. 6 Edw. 4. OBJ. 2. That Two Judgements of Parliament, viz. in the Years 1660 and 1688, are in favour of the Mayor and Select Burgesses. Answer To the First of these Judgements we Answer, That the Resolution in the Year 1660; was occasioned by one Starkey's mislaying the Records of those Returns abovementioned, as appears by the Report of the Committee, 1679. Vid. Report, 1679. As to the Second, We conceive the Case in 1688. was grounded upon Necessity, the Person that contested the Right then being Speaker of the House, and hope neither of these Judgements shall be able to set aside an undoubted Right, proved by so many Ancient Returns, and settled further by Three Resolutions, against which there can be no Objection. NOTE 1. They were not formed into a Select Number not exceeding Thirty, till King James the First's Reign, which shows the Ancient Right of Election cannot possibly be in them. NOTE 2. That if the Select Burgesses should be admitted to have the sole Right, then in Case their Corporation were Dissolved, either by Surrender or Forfeiture of their Charter; the Town of Windsor could send no Burgesses to Parliament, which would be against all Reason.