case the king against hutchinson mayor and alderman OF Carlisle if the burgess  of a corporation bribe a freeman to give his vote for the election of a mayor  the corporation on his be summon to answer this charge and refuse to appear  may disfranchise he although he have not be convict of the offence at  commonlaw S c post S c fort mandamus to the mayor and commoncouncil of the  borough of Carlisle to restore John simpson to the office of a capital burgess  of the say borough c modern report er p they return the charter of  incorporation with a power to the mayor and alderman to remove any capital  burgess for any misdemeanour and then set forth a amotion by they for bribery  at a election c for mayor of the corporation two point be make in this case  first whether the offence for which he be remove be indictable at commonlaw  second whether if it be so the corporation who have express a power to remove  can make such removal without a precedent conviction the counsel for simpson  insist that this be not a sufficient cause to remove he because bribery be a  crime punishable at commonlaw and it be against great Charta to remove he from  his freedom before he be convict of the crime if the law shall be otherwise  what security can any man have against the insult of power but it be plain and  so it be adjudge in James bag case   a that a freeman shall not be  disfranchise unless it be by charter or prescription if he be not convict in  due form of law and where he may be disfranchise by modern report charter or  prescription and without conviction it must be for a act against his duty and  oath relate to his office or not do his office as a justice of peace not  attend the session or where a judicial officer be a common drunkard or for any  other misdemeanour mere against the duty of his office and which be no crime  at commonlaw for there be a difference between the do a unlawful act and the  not do his duty relate to his office the one be a crime and the other only a  contempt Pratt chief justice and powys justice hold that there ought to have  be a previous conviction but Eyre justice and fortescue justice hold that this  offence be plain against his duty and oath of burgess the corporation may  remove he without conviction and they all agree that a burgess may be remove  for a offence for which no indictment will lie Pratt chief justice if a  burgess be convict upon a indictment for a offence at commonlaw this court may  order as part of the punishment that he be disfranchise Eyre and fortescue  justice deny it Adjournatur the whole court be of opinion that this be a good  return without any conviction at law though be may have be first convict at  law for though it be a offence indictable at commonlaw yet be also a great  offence against the duty of his office the corporation have a jurisdiction  there be a express power in the charter to remove S c fort see also S c post b