THat the said Burrough of Portsmouth , is an ancient Burrough , and as such hath in all ages sent Burgesses to Parliament , as appears by the most ancient Parliament-Writs and Returns now extant in the Tower .

That very rarely or never before the time of Henry the Eight , or Henry the Seventh , any Burroughs procured any Charters to elect Burgesses , for they were then and before so far from desiring it , that they in respect of wages often petitioned to be excused for poverty , many times lost it by disuse , and for want of claim .

That the Burgesses for Parliament , have in all ages ( as will be made appear , as well by the ancient Returns by Scheduls , as also by the first Indentures extant ; and by the Indentures in all Kings Reigns since ) been chosen by the Commonalty of the said Burrough , and the Election of them so is not restrained by any Charter granted the Corporation , to a fewer number , which if it had been done , yet would not have taken away the Commons right to such choice , which they before had and enjoyed .

That Mr. Peachy the fifteenth of February last ( while he was in London ) was unanimously chosen by the Freeholders and Commons , whereof neer Eighty were Freeholders .

Sir John Kempthorn having about fifty for him , and those for the most part of the incorporate Burgesses , now pretends a sole right in the Corporation to those , with exclusion of the Commons .

That if the Commons right to this choice be not asserted , no choice can be there indifferently made , for they allow all incorporated persons to a choice , and have made free of their Incorporation so many Garrison-Officers , viz. Captains , Lieutenants , Ensignes , &c. Ship-Officers , Captains , Lieutenants , Pursers , Boatswains , &c. and so many Dock-Officers , Builders , &c. Custom-house-Officers , and other persons of dependence , that those of the Corporation which live in or neer the Town as householders , are not considerable to the other in number or boldnesse .

'T is pretended that for two or three times last past , the Corporation solely hath Elected and Returned .

Resp. Although the late Returns be made under the Common-seal , and by the name of Incorporation , as for some time it hath been , and as is done in other Burroughs incorporate , where yet the Commonalty have a share in the Election , yet the Commons at the times appointed for Elections have claimed their right , and concurred in the Election , so long as persons fitting were proposed , but now for considerable reasons have differed therein .

The now Major Mr. Shales being an Officer at the Dock , and so a man of dependance , and Sir John Kempthorn being the Kings Commissioner of the Dock there , the said Major would not , although often desired and advised , return Mr. Peacheys Indenture .

Against which injurious dealing Mr. Peachey , on behalf , and for asserting the Commons right , hath Petitioned the Honourable House of Commons for relief .

The same Town deserves great and speedy consideration at this time of danger , both as to its Fortifications and provisions , which have been much neglected , as will appear by inspection , but by whose default I know not .