coke b james BAG6S case Trin James rot in the king bench the cause of  disfranchising a citizen freeman or burgess ought to be ground upon a Act  which be against the duty of a citizen or burgess and against the public good  of the city or borough whereof c and against his oath which he take when he be  swear a freeman of the city or borough but word of contempt or contra bomos  more although against the chief officer or his brother be not good cause of  disfranchisement nor be endeavour c to do a thing against the duty or trust of  his freedom No freeman of any corporation can be disfranchise b the  corporation unless they have authority to do it either by the express word of  the charter or by prescript c keb a roll in his abridgment Vol two p cite this  case but add mes quoere Ceo Vid vin ab prer n pl d roll more e   lane godb  vent   b roll Rep Inst dyer pl pl pl roll vent vin ab prer b Sugd vend that  Edward a godb roll Rep b   b Plowd a godb roll Rep hard   a coke report a er p  cion if they have no such authority the party ought to be convict by course of  law before he can be remove a removal without hear the party remove be bad if  a party be disfranchise and a writ to restore the party or signify the cause c  be award in king b if a sufficient cause of removal be certify but which be  false the court can award a writ to restore the party but the party grieve may  have a special action on the case and upon obtain judgement a writ of  restitution shall be award the return of disfranchisement ought to be certain  James by the grace of God of England Scotland France and Ireland king defender  of the faith c to the mayor and commonalty of the borough of Plymouth in the  county of Devon greeting c whereas James bag one of the twelve chief burgess  or magistrate of the borough aforesaid accord to the custom of the borough  aforesaid hitherto use be duly choose and make and whereas the same James in  the office of one of the twelve chief burgess or magistrate of the borough  aforesaid a long time carry and well govern himself yet you the mayor and  commonalty of the borough aforesaid little regard the aforesaid James undue  and without reasonable cause from the office of one of the twelve chief  burgess and magistrate of the borough aforesaid unjust have amoved in contempt  of we and to the no little damage and grievance of he the say James and the  hurt of his estate as we by his complaint have understand we therefore to the  say James Willing due and speedy justice to be do in this behalf as be just  command you and every of you as heretofore we have command you firm enjoin you  that immediate after the receipt of this writ the aforesaid James into the  aforesaid office of one of the twelve chief burgess or magistrate of the  borough aforesaid you restore with all the liberty privilege and commodity to  the office aforesaid belong and appertain or that you signify the cause  thereof unto we lest in your default complaint thereof again to we come coke a  and how this our writ shall be execute you make to appear to we from the day  of the holy Trinity in three week wheresoever we shall be in England under the  penalty of this our writ then send back to we c witness e coke at Westminster  the that day of June in the that year of our reign of England France and  Ireland and of Scotland the that by the term of Trinity in the thirteenth year  of king James rot execution of this writ do appear in a certain schedule to  this writ annex John clement mayor the answer of the mayor and commonalty of  the borough of Plymouth to the writ to this schedule annex accord to the  command of the writ aforesaid to the lord the king we most humble certify that  the lady Elizabeth late queen of England by her letter patent seal with the  great seal of England hear date at Westminster the that day of Feb in the d  year of her reign for herself her heir and successor grant to the mayor and  commonalty of the borough of Plymouth aforesaid and their successor among  other thing that the mayor and recorder of the borough aforesaid for the time  be during the time that they shall happen to be in their office and also the  predecessor of the say mayor then alive and for the time be and their  successor shall be justice of the say late queen her heir and successor to  keep the peace in the say borough and within the limit precinct and liberty  thereof and to be keep and to cause to be conserve and keep without any  command commission or warrant for the same to be bad or to be obtain and  further to the say lord the king we certify that within the borough aforesaid  he ought to have first prescribe that there have be a incorporation of a mayor  c from time whereof c vide h prescription e dyer c a a in king v sir Robert  atkins and other Mod sir Robert atkins arguendo suppose the print margin in  bag be case to be Lord coke own opinion the marginal note be in the edition  which be perhaps the early edition at least it be a edition publish before  Lord coke death coke report b er p there be and from time whereof the memory  of man be not to the contrary there have be a usage and custom that the mayor  andtwelve chief burgess of the same borough stand and be of the private  council of the borough aforesaid and twentyfour of the other most discreet  burgess of the borough aforesaid for the time be to this choose and swear  stand and be together with the aforesaid mayor and twelve chief burgess of  common council of the borough aforesaid for the regulate and government of the  same borough and that every such burgess who be choose into the fellowship of  the twentyfour burgess of the common council aforesaid before he be to be  admit to the say fellowship shall take a corporate oath before the mayor of  the same borough for the time be that he shall carry himself well and honest  as well towards the mayor of the borough aforesaid for the time be as towards  the aforesaid twelve chief burgess of the say borough for the time be and to  they from time to time shall show reverence and that he shall maintain and  uphold the liberty and common profit of the borough aforesaid with his best  counsel and advice coke b and further we certify that every one of the  aforesaid twelve chief burgess from time to time choose shall be prefer by the  mayor of the borough aforesaid or the rest of the aforesaid twelve chief of  the burgess or by the great part of they for the time be only without the  consent or assent of the aforesaid twentyfour the other burgess who be as  before be say of the common council of the borough aforesaid to this require  and further we certify that the aforesaid James bag on the first day of may in  the d year of the reign of the lady Elizabeth late queen of England be duly  choose and appoint one of the aforesaid twentyfour of the burgess of the  common council of the borough aforesaid then be and on the say first day of  may in the d year aforesaid at Plymouth aforesaid take a corporal oath before  the mayor of the borough aforesaid accord to the ancient custom aforesaid that  he the say James will carry himself well and honest as well towards the mayor  of the borough aforesaid for the time be as towards the other twelve chief  burgess of the say borough for the time be and to they from time to time will  show reverence and the liberty and common profit of the borough aforesaid will  maintain and uphold with his best counsel and advice and further to the lord  the king we certify that the aforesaid borough of Plymouth be situate so near  to the shore and seacoasts that by reason thereof and by reason of the daily  meeting there of ship and vessel S there come as well from the part beyond the  sea as from elsewhere many illminded man as well alien as within bear of evil  and perverse conversation contemners of good government and disturber of the  peace in the ship and vessel aforesaid thither come in the borough aforesaid  and within the liberty and precinct of the same stay and remain be daily find  who can hardly be there bring to the obedience of good rule and government  unless the authority of the mayor of the borough aforesaid for the time be and  of the other chief burgess aforesaid with due reverence of the other burgess  and inhabitant of the say borough be fortify and the person of the say chief  burgess and of the mayor from the contempt of the vulgar be preserve and  further to the say lord the king we certify that the aforesaid James B agg not  ignorant of the premise little regard his oath aforesaid and the authority as  well of the mayor of the borough aforesaid for the time be as his late  predecessor aforesaid as the other the chief burgess of the borough aforesaid  set nought by and labour and intend to bring the same authority into contempt  on the first day of may in the that year of the reign of the lord the now king  the say James be then one of the common council of the borough aforesaid and  one of the chief burgess of the same borough in the presence of one coke a  twelve chief burgess de private citizen council castle it will be more apt say  de private citizen council mayor et burgensi note to Edward Doct pl palm they  do not prescribe or allege any charter that the may disfranchise any of the  corporation note to Edward the oath of a chief burgess they do not prescribe  in this and yet it be against common right note to Edward die maii Elizabeth  James bag choose one of the twentyfour coke report b er p Robert Trelawny then  be mayor of the borough aforesaid and of many other of the inhabitant of the  borough aforesaid at Plymouth aforesaid within the borough aforesaid  contemptuous and malapert carry himself as well in gesture as in word towards  the mayor aforesaid and then and there to the aforesaid Robert Trelawny  contemptuous and scoff without any reasonable cause these word follow open and  public say and speak that be to say you the aforesaid Robert Trelawn_V meaning  be some prince be you not and further to the say lord the king we certify that  afterward that be to say on the first day of February in the that year of the  reign of the lord the now king the aforesaid James bag continue his evil  disposition and intention aforesaid at Plymouth aforesaid in the presence and  hear of the aforesaid Robert Trelawny then be a justice of the peace of the  aforesaid lord the king within the borough aforesaid to be keep by reason of  his mayoralty of the borough aforesaid the year then last pass by virtue of  the letter patent aforesaid and I the presence and hear of very many other of  the inhabitant of the borough aforesaid open public and with a loud voice  without any reasonable cause these word follow contemptuous false and  scandalous say and speak that be to say you the aforesaid Trelawny meaning be  a cozen knave whereas in truth the say Robert Trelawny all his lifetime honest  and from all suspicion of any falsity fraud or deceit live altogether  unsuspected and in the office as well of the mayoralty as of chief burgess of  the borough aforesaid with praise carry and govern himself and further to the  say lord the king we do certify that on the that day of November in the that  year of the reign of the say lord the now king the aforesaid James bag  continue his evil disposition and intent aforesaid at Plymouth aforesaid  seditious and malicious stir up and persuade one Thomas Shervil then be one of  the chief burgess of the borough aforesaid that he the say Thomas will join  himself with the aforesaid James bag in a conspiracy to move and depose one  John Battershy then be mayor of the borough aforesaid from his office of  mayoralty without any reasonable or lawful cause and then and there malicious  and contemptuous speak to the aforesaid Thomas Shervill of the aforesaid John  Battershy these word follow that be to say master mayor the aforesaid John  Battershy meaning carry himself foolish in this place and if you will join  with I we will turn he out of his mayoralty and choose a wise man in his place  whereas in truth the aforesaid John Battersby during the whole time of his  mayoralty aforesaid in the coke b execute of his office aforesaid carry  himself well and discreet and with great integrity and gravity and further to  the say lord the king we certify that afterward that be to say on the first  day of February in the that year of the reign of the say lord the now king the  aforesaid James bag continue in his evil disposition and intent aforesaid at  Plymouth aforesaid in the guildhall of the borough aforesaid in the presence  of one Thomas Fowens then be mayor of the borough aforesaid in the presence  and hear as well of the chief burgess as of the other inhabitant of the  borough aforesaid scornful and without reasonable cause do speak to the  aforesaid Thomas Fowens these false and injurious word follow that be to say  thou the aforesaid Thomas Fowens then mayor meaning art a insolent fellow  whereas in truth the say Thomas in the whole course of his life bear himself  towards all man honest civil and with praise and further to the say lord the  king we certify that afterward that be to say on the first day of August in  the that year of the reign of the say lord the now king at Plymouth aforesaid  in the presence and hear of these word be to be reprehend but be no cause to  disfranchise him Note to Edward these word be scornful and worthy of  punishment see to bind he to his good behaviour if they be publish when the  mayor be sit in execution of his office but be no cause to disfranchise the  delinquent Note to Edward palm these word be no cause to disfranchise he  because nothing be do and it may be that there be just cause to remove he and  the cause certify ought to be such that it may appear to the court that it be  a just cause to disfranchise he for the party grieve can have a answer to  it Note to Edward ut above coke report a er p the aforesaid Thomas Fowens and  of very many other of the burgess of the borough aforesaid be gather together  in the guildhall of the borough aforesaid the aforesaid James bag continue his  evil disposition and intent aforesaid diverse contemptible word of the  aforesaid Thomas Fowens then be mayor of the borough aforesaid with a loud  voice speak and utter upon which the aforesaid Thomas Fowens with mild word  admonish the aforesaid James bag that he will desist from utter such  contemptible word aforesaid the aforesaid James bag thereupon then and there  that be to say on the that day of August in the that year abovesaid at  Plymouth aforesaid and in the presence and hear of the aforesaid Thomas Fowens  then mayor of the borough aforesaid and very many other of the burgess and  inhabitant of the borough aforesaid and in contempt and disdain of the say  Thomas Fowens then mayor turn the hinder part of his body in a inhuman and  uncivil manner towards the aforesaid Thomas Fowens scoff contemptuous and  uncivil with a loud voice say to the aforesaid Thomas Fowens these word follow  that be to say come and kiss and further to the say lord the king we certify  that afterward that be to say on the that day of August in the that year of  the reign of the lord the now king at Plymouth aforesaid the aforesaid James  bag with most insolent word threaten the say Thomas Fowens then be mayor of  the borough aforesaid without any reasonable cause and then and there to the  say John Fowens threaten and malicious speak these word follow coke a that be  to say I will make your neck crack and further to the say lord the king we  certify that afterward that be to say on the three day of may in the that year  of the reign of the lord the now king a certain order and friendly instrument  of admonition be make by John scobb mayor of the borough aforesaid and the  great part of the chief burgess of the same borough in these word that be to  say the that day of may the day and year abovewritten it be agree by John  scobb mayor and such other of the master here underwritten that if Mr James  bag the elder do not before the next session to be hold within the borough of  Plymouth reconcile himself to the say mayor and his brother for such wrong as  he have commit against they and withal faithful promise to demean himself more  orderly and temperate for the time to come that then he shall be clean remove  from the bench and a due master choose in his room which order or instrument  be make and subscribe by the say mayor and nine other of the chief burgess of  the borough aforesaid and further to the say lord the king we certify that the  aforesaid James bag before the aforesaid next session in the order aforesaid  mention do not make any such reconciliation or promise or conformity as in the  order aforesaid be specify although full notice of the aforesaid order  immediate after the make thereof and before the aforesaid next session be give  to he at Plymouth aforesaid and further to the say lord the king we certify  that afterward that be to say on the that day of February in the that year of  the reign of the say lord the now king the aforesaid James bag continue his  evil disposition and in his intent aforesaid at Plymouth aforesaid in the  guildhall of the borough aforesaid in the presence and hear of John scobb one  of the chief burgess of the borough aforesaid and then be a justice for the  keep the peace within the borough aforesaid by virtue of the letter patent  aforesaid by reason of his mayoralty of the borough aforesaid the year then  next before and in the presence and hear of the then mayor of the borough  aforesaid and of diverse other of the burgess and inhabitant of that wough  contemptuous these word follow speak and utter of the aforesaid John scobb  open and public false and scandalous that be to say you the aforesaid John  scobb meaning be a knave whereas the aforesaid John scobb honest coke b and  laudable carry and govern himself and further to the say lord the king we  certify that afterward that be to say on the that day of this be contra bomos  more and worthy punishment as aforesaid but no cause of disfranchisement or of  indictment Note to Edward salk Doct pl this be repugnant know maii and  Maii Note to Edward here it appear that he shall be remove by the mayor and  nine of the master and in the end of the return it be allege that he be remove  by the mayor and commonalty which be repugnant Note to Edward Doct pl coke  report a er p December last pass the then mayor of the say borough and diverse  of the chief burgess of the borough aforesaid at Plymouth aforesaid be  assemble together in the almshouse of the say borough to require and receive a  account of the overseer burgess of the borough aforesaid as in time pass and  from time whereof the memory of man be not to the contrary it be use the  aforesaid James bag then and there in the presence and hear of the say mayor  and other of the chief burgess aforesaid without any reasonable cause open and  public say to the say Thomas Shervill there then present and one of the chief  burgess of the borough aforesaid and for the space of ten year then last pass  be these false and scandalous word follow that be to say you the say Thomas  Shervill meaning be a seditious fellow whereas in truth the aforesaid Thomas  Shervill always live unsuspected of any such crime of sedition and from time  to time in the office of mayor of the borough aforesaid as in the place and  office of chief burgess honest discreet and with great integrity carry and  govern himself and further to the say lord the king we certify that whereas  the say lord the king the day of January in the that year of his reign  aforesaid at Westminster in the county of Middlesex with the advice of the  lord of his privycouncil of this his realm of England ordain and command by  public proclamation and by letter write under the proper hand of diverse of  the lord of his Piivy Council seal that none nor any person whatsoever shall  kill or put to sale any flesh for victual in the time of lend then next follow  contrary to the law and statute of this realm and that all mayor and other  bead officer in borough and town corporate within this kingdom of England in  the beginning of the time of lend then next come or before shall cause all  victualer innkeeper keeper of ordinary table and alehousekeeper within the  precinct of their jurisdiction to be bind to the lord the king by bind that  they shall not dress any flesh for victual all the say time of lend then next  follow and whereas afterward that be to say on the that day of February in the  that year aforesaid one John clement then and yet mayor of the borough of  Plymouth aforesaid coke a accord to the duty of his office and in obedience of  the say ordinance and command of the say lord the king send to all the  victualer innkeeper keeper of ordinary table and alehousekeeper aforesaid  within the precinct of the borough aforesaid that they become bind by their  write Obligatory to the use of the lord the king accord to the tenor and  exigency of the aforesaid ordinance and command of the say lord the king and  the due execution of the ordinance aforesaid in that behalf require and  endeavour to effect within the borough aforesaid the aforesaid James bag well  know the premise and continue his evil disposition and intent aforesaid at  Plymouth aforesaid endeavour and attempt to hinder and make void the due  execution of the aforesaid ordinance and command of the say lord the king and  to that purpose on the same that day of February at Plymouth aforesaid to  diverse inhabitant of the borough aforesaid and other of the king liege people  then be and have then and there speech with the aforesaid James bag of and  upon the business aforesaid the say James bag open and public speak and litter  these word follow that be to say master mayor meaning the say John clement do  more herein than he need and more than he can well answer meaing that the say  John clement in require the aforesaid victualer innkeeper keeper of ordinary  table and alehousekeeper to become bind to the use of the say lord the king  accord to the aforesaid ordinance and command of the say lord the king have do  more than be needful and more than he can well answer by reason of which  speech diverse victualer innkeeper keeper of ordinary table and alehousekeeper  dwell within the aforesaid borough utter refuse to be bind to the say lord the  king accord to the aforesaid ordinance and command of the say lord the king  and further we certify that the aforesaid mayor and commonalty of the borough  of Plymouth and their predecessor from time whereof the memory of man be not  to the contrary have and use to have within this be no cause of  disfranchisement without question also the innuendo be idle and vain Note to  Edward they have not allege that there be a corporation from time whereof  c Note to Edward roll Rep coke report b er p the borough aforesaid a certain  custom of wine call wineweight otherwise winewite Payable by every taverner  sell wine within the borough aforesaid of which custom of wine aforesaid the  mayor and commonalty for the whole time aforesaid quiet and peaceable be  possess of until the aforesaid James bag on the that day of November in the  that year of the reign of the say lord the now king at Plymouth aforesaid  perfidious and malicious practice with William bently and Thomas lie be  taverner and seller of wine within the borough aforesaid to they reveal  diverse secret counsel concern the common profit of the borough coke b  aforesaid and they the say William and Thomas then and there persuade that  they no more shall pay the aforesaid custom of wine call wine weight otherwise  winewite nor any farm or sum of money for the same to the aforesaid mayor and  commonalty on which very that day of November in the that year aforesaid the  aforesaid James bag be then one of the twelve chief burgess of common council  of the borough aforesaid at Plymouth aforesaid perfidious and malicious speak  to the say William bently and Thomas lie these word that be to say you need  not pay the money meaning a certain farm by they the say William and Thomas  for the custom aforesaid before then to the aforesaid mayor and commonalty  Payable for the wineweight any long except you listen for it be not due unto  they by reason of which perfidious and malicious word the aforesaid William  bently and Thomas lie utter refuse to pay and yet do refuse and by reason  thereof diverse strife and controversy be rise and hereafter be like to arise  betwixt the aforesaid William bently and Thomas lie and the aforesaid mayor  and commonalty for the custom of wine aforesaid and the farm aforesaid to the  great damage and prejudice of the aforesaid mayor and commonalty and further  to the say lord the king we certify that the aforesaid James bag on the first  day of may in the twelve year of the reign of he lord the now king and on  diverse other day and time then before at Plymouth aforesaid perfidious say to  diverse inhabitant of the borough aforesaid and to other the liege people of  the say lord the king upon communication between they and the aforesaid James  bag then before have of and concern the liberty and privilege of the borough  aforesaid that he the say James bag will overthrow and make void the charter  of the borough aforesaid meaning the charter aforesaid by the aforesaid late  queen Elizabeth to the aforesaid mayor and commonalty as before be say grant  and that he the say James the liberty and privilege of the borough aforesaid  will call in question and the same privilege and liberty will overthrow and  further to the lord the king we certify that afterward that be to say the that  day of April now last pass the aforesaid James bag in the say writ name for  the cause aforesaid by the mayor and commonalty of the borough aforesaid from  the office of one of the chief burgess and magistrate of the borough aforesaid  be amoved c John clement mayor coke a and now in this term upon the whole  matter and for the cause aforesaid it be resolve by the court that there be  not any just cause to remove he and therefore by the award of the court a writ  be direct to the mayor and commonalty to restore he and in this case first it  be resolve that to this court of king bench belong a authority not only to  correct error in judicial proceed but other error and misdemeanour  extrajudicial tend to the breach of peace or oppression these word be too  general Note to Edward this be but his opinion which although it be false be  no cause of disfranchisement and his opinion can be a prejudice to their right  the innuendo be vain and idle Note to Edward roll Rep yet remedy lie for this  duty if they have right to it by the law Note to Edward non block the path  disposition nisi to follow efj@dus and it may be the charter be void in law or  that it be procure by the lesser number of the burgess and then it may be  remove and so he may justify these words Note to Edward roll Rep roll Rep  Brownl a Inst roll Rep Raymond coke report b er p of the subject or to the  raise of faction controversy debate or to any manner of misgovernment so that  no wrong or injury either public or private can be do but that it shall be  here reform or punish by due course of law b for the general learning of this  and the like case all that be say in the argument of this case be divide into  these question what be sufficient cause to a disfranchise a citizen freeman or  burgess of any city or borough incorporate and to discharge he of his freedom  and liberty and what not how and by who and in what manner such citizen or  burgess shall be disfranchise if the return of his removal or disfranchisement  import sufficient matter but be false what remedy shall be for the party  grieve in such case as to the first it be resolve that the cause of  disfranchisement ought to be ground upon a Act which be b against the duty of  a citizen or burgess and to the prejudice of the public good of the city or  borough whereof he be a citizen or burgess and against his oath which he take  when he be swear a freeman of the city or borough for although one shall not  be charge in any Judicial court for the breach of a e general oath which he  take when he become officer minister citizen burgess c yet if the act which he  do be against the say d duty and trust of his freedom and to the prejudice of  the city or borough and also against his oath it enforce much the cause of his  removal and there be a condition in law tacit and annex to his freedom or  liberty which if he break he may be disfranchise but word of contempt or e  contra bomos more although they be against coke b the chief officer or his  brother be f good cause to punish he as to commit till he have find good  surety of his good behaviour but not to disfranchise he so if he intend or  endeavour of himself or conspire with other to do of thing against the duty or  trust of his freedom and to the prejudice of the public good of the city or  borough but he do not execute it it be a good cause to punish he as be  aforesaid but not to disfranchise he for g non block the path attempt nisi to  follow execution and non block the path affedus nisi to follow execution and  the reason and cause thereof be that h when a man be a freeman of a city or  borough he have a freehold in his freedom for his life and with other in their  politic capacity have a inheritance in the land of the say corporation and  interest in their good and perhaps it concern his trade and mean of live and  his b Lord Ellesmere in his observation p ill remark the point in question  only be what cause be sufficient for a corporation to remove a burgess from  his place he digress from his matter and say it be resolve that to the court  of KB belong authority not only to correct error in judicial proceed but other  error and misdemeanour extrajudicial tend to the breach of the peace or  oppression of the subject or to the raise of faction controversy debate or to  any manner of misgovernment so that no wrong or injury either public or  private can be do but that this shall be reform or punish by due course of law  herein give excess of authority to king b he have as much as insinuate that  this court be allsufficient in itself to manage the state for if the king  bench may reform any manner of misgovernment as the word be it seem that there  be little or no use either of the king royal care and authority exercise in  his person and by his proclamation ordinance and immediate direction nor of  the counciltable which under the king be the chief watchtower for all point of  government Vid Groenvelt v Burwell I l raym Com dig court b mandamus a Inst  black command a cro James cro Elizabeth roll Rep Bulst style roll b cro  Elizabeth Leon c Inst roll Rep dyer pl palm d roll Rep pollexfen arg in quo  war Poph roll Rep godb palm e cro James more f more buist roll Rep cro  Elizabeth cro James palm g roll Rep h Cr James coke report a er p credit and  estimation and therefore the matter which shall be a cause of his  disfranchisement ought to be a act or deed and not a conation or a  endeavourswhich he may repent of before the execution of it and from whence no  prejudice ensue and they who have office of trust and confidence shall not  forfeit they by endeavour and intention to do act although they declare they  by express word unless the act itself shall ensue as if one who have the keep  of a park shall say that he will kill all the game within his custody or will  cut down so many tree within the park but do not kill any of the game nor cut  down any tree it be not any forfeiture et such de like for in all such case  either there ought to be a Act or such a negligence as tantamounts sure when  destruction of the game c ensue if a bishop archdeacon parson c fall all the  tree it be a good cause of a deprivation h b c so if a prior alien the land  which he have injure house sum it be a cause of deprivation as appear in e a  if a prior make dilapidation it be a good cause to deprive he as it be hold in  e a h a but if be be but a conation or endeavour b without any act do in none  of those case be it any cause of deprivation for in those case will non to  count over pro facto and if a contempt coke a be it of omission or commission  shall be a good cause to disfranchise the best citizen or burgess may be at  one time or other disfranchise which will be great cause of faction and  contention in city and borough as to the second it be resolve that no freeman  of any corporation c can be disfranchise by the corporation unless they have  authority to do it either by the express word of the charter or by  prescription but if they have not authority neither by charter or by  prescription then he ought to be convict by course of law before he can be  remove and it appear by great Charta cap d nullus libre a human being to take  in hand well imprisonetur or disseizitur de book tenement his well freedom  well book custom nest c nisiper of judgment Parium of oneself velper law terr  and if the corporation have power by charter or prescription to remove he for  a reasonable cause that will be per law terr but if they have no such power he  ought to be convict per judgment Parium of oneself c as if a citizen or  freeman be attaint of forgery or perjury or conspiracy at the king suit c or  of any other crime whereby he be become infamous upon such attainder they may  remove he so if he be convict of any such offence which be against the duty  and trust of his freedom and to the public prejudice of the city or borough  whereof he be free and against his oath as if he have burn or deface the  charter or evidence of the city or borough or raze or corrupt they and be  thereof convict and attaint these and the like be good cause to remove he d  and although they have lawful Mod a h a Bulst c Vid note king Lifords case  ante p b b   b c Styl d roll Rep Leon d any member of a corporation for any  offence commit against his oath of office and breach of his duty as a member  be removable without any previous conviction but there must be a previous  conviction to warrant a amoval for a offence which have no immediate relation  to his office such as perjury forgery c where the offence be criminal in both  respect the difference seem to be that if it consist of one single fact as  burn the charter of the corporation bribery c there must be a conviction but  not where it may be consider as abstract the one from the other as not and  assault upon any other member so as to obstruct the business of the  corporation bull n p cite king v mayor of Derby Geo as to such crime whereof a  previous conviction be necessary to find the disfranchisement upon it be the  infamy of they that render he a improper person to be continue in a office of  trust therefore if the crime for which he be convict be such as do not carry  such infamy with it it will be no cause of disfranchisement as if he be  convict of a single assault bull n p ib where the offence be mere against his  duty as a corporator he can only be coke report b er p authority either by  charter or prescription to remove any one from the freedom and that they have  just cause to remove he yet it appear by the return that they have proceed  against he without a hear he answer to what be object or that he be not  reasonable warn such removal be void and shall not bind the party b because  whoever to some degree to cause to stand part to hear whispered alteran cequum  although staluerit hand cequits to be and such removal be against justice and  right e as to the three question if they have power by charter or prescription  to disfranchise one and afterward the c judge of the king bench award a writ  to they to restore he or signify the cause c and they certify a sufficient  cause to remove he but it be false then the court can award a writ to restore  he neither can coke b any issue be take thereupon because the party be  stranger and have no day in court f d but the party grieve may well have a  action upon the special matter against those who make the certificate and aver  it to be false and if it be find for he and he obtain judgement against they  so that it may appear to the justice that the cause of the return be false  then they shall award a writ of restitution and this be prove by reason of the  book of h a where it be hold that upon a corpus she causan if the cause return  be sufficient but in truth be false the court ought to remand the prisoner and  he be at no mischief for if they have no authority or the cause be false he  may have a writ of false imprisonment vide Fitzherbert title corpus cum causan  the say cause of h well abridge so in the other upon such false return the  party grieve may have a special action upon his case as be aforesaid g also if  the party grieve who be so disfranchise be for the cause of his  disfranchisement commit to prison or if his shop be shut up or if with force  he be remove out of their assembly c in these and the like case he may have a  action of false imprisonment or a action of trespass quare house to break in  pieces or of assault and battery and in those action the cause of his  disfranchisement ought to be plead and shall be decide accord to law e ass if  a layman be patron of a hospital he may visit it and depose or deprive the  master for good cause but if he be deprive without just cause and by colour  thereof be oust he shall have a assize because he have no other remedy but if  the ordinary deprive a master who be ecclesiastical without a cause he shall  not try for it by the corporation per Lord Mansfield CJ king v Richardson burr  in Lord locust case strange the court say the modern opinion have be that a  power of amotion be incident to the corporation and of that opinion be the  court in king v Richardson ub sup and per Lord Mansfield CJ ib p be law of  corporation be not so well understand and settle at the time of bag be case as  it have be since and whether a power of amotion be incident to the corporation  can be no part of the question in judgement in that case or necessary to the  determination of it and the distinction there take as to the mode of trial be  certain not law for though the corporation have a power of amotion by charter  or prescription yet as to the first kind of misbehaviour which have no  immediate relation to the duty of all office but only make the party infamous  and unfit to execute any public franchise those ought to be establish by a  previous conviction by a jury accord to the law of the land Vid Com dig  Franche f f a side side palm roll Rep Mod Rep Styl b   a e Acc king v gaskin  TR c Doct plan f the stat Ann c give a traverse of the return in all such case  as the principal case Vid bull n p d Mod Rep keb   b g although a return be  true in word yet if it be false in substance all action will lie per buller I  king v lime king dougl cite Braithwaite case vent and the action will lie for  a pressingdown very in a return as well as for a allegation falsehood king v  lime king ub sup Vid king v mayor of Ri Pon I l raym p Com dig mandamus d coke  report a er p have a assize for he have no other remedy by appeal vide h a f n  b b e Elizabeth dyer pl h also it be resolve I that such return of  disfranchisement ought to be certain that sufficient matter may appear to the  court to disfranchise the party and eastern rather because the party can have  answer to it as be aforesaid last it be resolve that for none of the cause  contain in the say certificate the say James bag by law ought to be remove and  therefore by the whole court a writ be award to restore he to his franchise  and freedom and so he be coke a notam reader in the argument of this case much  be say to exhort citizen and burgess to yield obedience and reverence to the  chief magistrate in their city and borough because they derive their authority  from the king and obedience be law essential and therefore it appear before  how they shall be punish who commit any contempt against they but the  principal question of this case be what act be sufficient cause in law for the  disfranchisement of any citizen or burgess c h holt CJ in Philips v bury Skinn  Mod TR c ascribe this opinion of coke to a note in dyer at the end of the case  of dr Coveney and after observe that coke cite the book of Edward and ass for  the distinction remark but if there be a inspection into the book there be no  such difference in the book at all the party be conclude in the one case as  well as in the other therefore there be ail end of that opinion for the  foundation be quite fall and take away but beside it be reasonable to suspect  that case not to be law when that be impracticable which it be bring to prove  the bead of a college can maintain ail assize for his office of headship he  have not such a estate as will maintain it therefore to give such a instance  as be in Coveneys case be to overthrow the authority of the case the bead of  such a body can maintain a assize for his headship for he have no sole seize  the whole body of the college have a interest therein he have not a title to a  penny of the revenue in his own right till by consent they be private divide  and distribute and then too it be not the rector money it be dr bury money  after division it be a notion that can be maintain or support by the rule of  law he be indeed the only visible person of the body but have no single right  Vid king v bishop of Ely TR burn e l et seq I it be certain true where a  amotion be return the return must set out all the necessary fact precise to  show that the person be remove in a legal and proper manner and for a legal  cause it be not sufficient to set out conclusion only they must set the fact  themselves out precise that the court may be able to judge of the matter and  so it be also as to the cause of amotion this must be set out in the same  manner that the court may judge of it per Lord Mansfield CJ king v mayor of  Liverpool bar but if the return be certain on the face of it that be  sufficient and the court can intend fact inconsistent with it for the purpose  of make it bad per buller I king v lime king dougl it be not enough to offer a  matter so that the party may be able to falsify it in a action but the matter  must be so allege that the court may be able to judge of it and determine  whether it be a sufficient cause or do per holt CJ king v mayor of Abingdon  salk I take it to be settle that the same certainty be require now as before  that statute stat Ann though I think at first it may have be otherwise  determine Pedro coke report er p coke report er p coke report volume the  twelve part of the report publish from the note of sir edward coke Knt after  his death with note and reference by John Farquhar Fraser Esq of Lincoln inn  BarristeratLaw this allowance and note be reprint from the edition as hear on  the authority of case contain in this Part ED e r I have peruse this treatise  entitle the twelve part of the report of sir Edward coke knight and I do upon  my read thereof conceive the same to be his collection and that the print of  the same contain very much good and useful learning will be for the good of  this nation and of the professor of the commonlaw Edward BULSTROD Feb the that  report be say by Mr Hargrave two state trial to be of small authority be not  only posthumous but apparent nothing more than a collection from paper neither  digest nor intend for the press by the writer and Mr serjeant hill in his copy  refer to foe as show that the that report be not fit to be allow Vid also the  judgement of Holroyd J Lewis v Walter barn and Ald