Answer.
The pretence for this, is, That the 10th. of June last was the day appointed by the said Act of Parliament for the electing all the Common Council Men of the City: That Sir Peter Rich in Aldersgate Ward, and Sir Tho. Kensey in Dow∣gate Ward severally denyed the Poll tho deman∣ded, and chose such Common Council men as they pleased: Sir Peter Rich swore his Common Coun∣cil Men, but Sir Tho. Kensey did not swear his.
That complaint being thereof made to the Court of Aldermen, they upon full hearing of the parties on both sides, and examining several Witnesses upon Oath, did adjudge both the said pretended Elections to be void, and that those who were Common Council men at the time of the said Judgment, ought by the said Act of Parliament to serve till St. Thomas's Day next, but many of the Petitioners being met in Common Council, pretended the right to judge of the Election of Common Council men belong∣ed to the Common Council, thô the constant usage and practice, (time out of mind) as ap∣pears by the ancient Records, is for the Court of Aldermen to judge thereof; and if these Com∣mon Council-men so as aforesaid excluded, think themselves prejudiced by the said Judgment of the Court of Aldermen, they may bring their Writs of Mandamus to be restored.