THE CASE OF WILLIAM ADDERLEY Esq; Duly Elected a Burgess to serve in Parliament for the Burrough of New Windsor in the County of Berks. • Sir Christopher Wren, , • Henry Powle Esq; , and • William Adderley Esq; Competitors.
THE Burrough of New Windsor sends Two Burgesses to serve in Parliament by Prescription.
By a Charter 5 Edward the First, the King Grants that, Probi homines ejusdem Villae sint Liberi Burgenses habeant Gildam Mercatoriam, and Returns of Members of Parliament were made accordingly, and all Henry the Sixth time, the Returns were Major & Communitas Burgensium elegerunt, &c. such and such to serve in Parliament.
In the Sixth of Edward the Fourth, that King for express Consideration, that the Inhabitants of Windsor had quitted a Right of Common, in Two Hundred Acres of Land, (now His Majesties House Park there;) he Incorporates the Mayor, Bayliffs, Burgesses and Inhabitants, by the Name of Mayor, Bayliffs and Burgesses, whereby every Inhabitant became a Burgess of the Corporation, as well as of the Burrough.
That by the Charter of King James the First, they were then formed into a Select Number of Brothers of the Hall not exceeding Thirty, which (like the rest of the Charters,) makes no mention of sending Burgesses to Parliament.
Of late years the Selected Number of Brothers, not exceeding Thirty, have pretended to have the sole choice, but whenever that matter came to be determined by this Honourable House, their Pretences always proved groundless, as being contrary to all the antient Returns made of Members, to serve for that place, and particularly in December 1640. the Question being, whether the Inhabitants in General, or a Particular Choice by Mayor, Bayliffs, and some few of the Town should have Power of Election, this Honorable House then Unanimously Resolved, that the Inhabitants of Right, ought to Choose, and not the Special Men, which are the Words of the Journal.
The matter came again to be Controverted in April 1679, and the Question was, Whether the Mayor, Bayliffs and Burgesses, not exceeding the Number of Thirty, or the Inhabitants at large, had the Right to Vote in Election to Parliament; The House Resolved, That the Mayor, Bayliffs and Burgesses of New Windsor, not exceeding the Number of Thirty, had not the Right of Election of Members to serve in Parliament for the Burrough of New Windsor. And Secondly, Resolved, That New Windsor has a Right to send Burgesses to Parliament by Prescription. And Thirdly, Resolved, That all the Inhabitants of the Burrough of New Windsor, have the Right of Electing Members to serve in Parliament, and Mr. Windwood and Mr. Starkey had the Majority of the Inhabitants, (tho' the Mayor refused to admit their Voices) were by the House adjudged legally Chosen, and the Mayor ordered to amend the Return.
And Lastly, in November 1680, about the Election of New VVindsor, his Honorable House again did Resolve, That in the Burrough of New VVindsor, those Inhabitants who pay Scot and Lot, have a Right to give Voices in the Election of Burgesses to serve in Parliament for the said Burrough.
And on the day, and at the usual place of Election, viz. at he Market Cross, Mr. Adderley attended with the common Burgesses and Inhabitants, paying Scot and Lot, who duly chose the said Mr. Adderley, and thereupon Mr. Adderley went to the Town Hall, and demanded the Mayor to receive the Voices of the said Burgesses and Inhabitants, and Return him, being by them Chosen, who refused, saying, he would Return Sir Christopher Wren and Henry Powle Esq; for that he and his Brethren (being the Select Number) had Chosen them.