case the king against grant Michaelmas term Geo in what case the court will  grant information quo warranto motion for a information for act as mayor of  Taunton in somersetshire for that he have not subscribe the declaration  against the solemn league and covenant there be two previous point first  whether a common person may have this information that be whether it ought to  be grant except at the prayer of the attorneygeneral Chesshyre sergeant the  prayer of the information imply that the court may deny it or else they may  take it without leave in the attorneygeneral name there be a right to it Yelv  Bulst it be his majesty royal writ but a information grant in the name of the  clerk of the crown office be modern report find upon the statute whether and  it be calculate to assist the subject to their right where other ordinary  method be ineffectual as appear by the preamble the statute for amendment  relate to civil action between party and party and information have be allow  to be within it then whether this court will grant this information without  they know a relator and that it be one who have be grieve whether upon the  affidavit there appear a criminal charge they say he do not subscribe before  the precede mayor he have liberty afterward to subscribe it before a justice  by the statute which they shall have show that he do not it be to be subscribe  before the charter magistrate if not before two justice of the corporation if  none of the county king v Stafford mich will he do not take the oath of  allegiance and supremacy at the same time as the oath of office of townclerk  of Oxford there shall have be a tender of the oath to he sergeant Whitaker  before will mary the master ex duty may file a information and the  attorneygeneral may enter a nolle attendance every English subject have a  right to lie before the court a breach of the law though not concern which be  frequent do in the case of a nuisance the information in the case of Hartford  will be in case of a person not concern the statute Ann be not design to  restrain any one from have a information for the title of the statute be for  render these action more speedy and effectual the word do not restrain it to a  person interest all that the court be to expect be that there shall be  sufficient ground for a information which we shall show and care for the cost  we shall name a relator there be no necessity for a tender of the oath the  twelve section of the statute be only a additional provision that the law  shall be perform that no person shall c that shall not have within one year  before take c and subscribe c and in default every such election c to be void  in the case of the king v Stafford the party be at his peril to take the oath  for otherwise by collusion between he and the officer to tender he may avoid  the statute the king v Thacker Mod cite in that case Mr York it do not follow  that because we must pray this information of the court that it must be deny  but on the contrary that if cause be show it must be grant to the second  question the charge in the affidavit be as far as we can go if they do at any  other time they must show it in discharge of themselves though I question if  it must not be all do at a time these affidavit need not be certain to every  intent as a return to a mandamus modern report er p modern report the case of  Dennings and Norris do not show that there must be a tender the case of  Slateford salk be that he must take they at his peril and if refuse may have a  mandamus Pratt chief justice the word of the Act be that it shall be lawful  for the proper officer at the request of any person and there be no restraint  either in the title preamble or body of the Act it be the most noble provision  for the right of the subject and all the subject of England have a interest in  the corporation that send member to parliament and every usurpation upon the  crown concern the liberty of the subject the intent of the statute be that no  person shall act who have not give this which the parliament think a  reasonable security and if they need not tender themselves to take the oath  they may elude the Act it may have a reasonable construction the other way the  magistrate ought to tender and if he do not be may be punish the party at all  event must take the sacrament and why shall he not take the oath at all event  the affidavit be sufficient for the presumption be that if he do subscribe he  do it all at the same time and that he do not at any other time be a negative  impossible to be in the knowledge of the person who apply here that shall  appear if you do by affidavit on your side powys justice the same in all Eyre  justice I do not think it fit for we to grant a information at the motion of  one who come in the nature of a common informer at first it be consider as a  usurpation upon the right of the crown and afterward of a power to oppress the  liberty of the subject the common course have be for it to be bring by one  entitle to the office or interest in the franchise the case of Hartford go the  far but that be prosecute by the inhabitant of the town who think they have a  right to be freeman except two or three the court have a discretion to grant  it or not the circumstance of a private person may be such that I can say what  the court will do but the court may consider whether it will grant a  information or no to such particular person I think it not proper to grant it  in this case for it be a matter that ought to come by the attorneygeneral a  private person ought not to start a matter of this consequence if any private  individual shall move for a information against the city of London tomorrow we  must grant it if we grant this fortescue justice the consequence will be the  same if a person who have a right pray this most certain we may grant a  information it be not proper to say no because you be not of the corporation  for it be a matter of consequence to the public the Act be as plain as  possible and take in case of usurpation intrusion or unlawful hold the last  take in every thing and be to be grant at the prayer of any person whatsoever  modern report as to the tender it be a old point settle that be must take they  at his peril if the proper officer refuse he may go out and take they before a  justice and that be the use of the provision as to the affidavit it ought to  appear on the other side to the main point the judge decline speak for that it  be to be lie before all the judge and their opinion to be report to his  majesty which be do and remedy provide accord by parliament modern report  trinity term the five of George the first in the king bench sir John Pratt Knt  chief justice sir Littleton powys Knt sir Robert Eyre Knt sir John fortescue  aland Knt justice Nicholas Lechmere Esq attorneygeneral sir William Thompson  Knt solicitor general