case the king against the corporation OF Penry in Cornwall if two information  quo warranto be file the first against the mayor de facto and another against  a burgess who vote for he the second information shall be first try upon a  motion for two information in nature of quo warranto against two person who  pretend to be mayor of this corporation and upon a affidavit that modern  report the mayor in possession be not duly elect by a majority of the capital  burgess there be two rule make that such information shall go against those  two person unless each of they shall show some good cause to the contrary  which rule be afterward make absolute against both the say person another  motion for the like information against two other person who pretend to be  capital burgess of the say corporation but be not for that one of they have  not take the oath to the government see the statute car c king v William stram  king v smith term Rep and king v newling term Rep a and the other be amoved  from his office above two year last pass and yet both of they vote at the  election of the mayor in possession by who vote he have a majority be also  make absolute the counsel insist that these two last information may be first  try the chief justice be of opinion not to grant they because at the trial of  the right of the mayor the not take the oath by one of the burgess and the  amotion of the other may be give in evidence but the counsel still insist that  there may be a inconveniency in this matter for if the judge who shall try the  right of the mayor shall be of opinion that those thing can not be give in  evidence at such trial then the jury will certain find against the right of  one of the mayor and it be probable that though these two person be not  capital burgess when the mayor be elect for the reason beforementioned yet  they may have do some corporate act as such and so may be account capital  burgess de facto and therefore their right as such may not be admit to be  litigate at the trial of the right of the mayor and of this opinion be the  other judge videlicet that at the trial of the elect the right of the elector  shall not be inquire into or give in evidence the title of person who be de  facto member of a corporation can be impeach on the trial of a person elect by  they Cowp but where there be no other mode of try the right of the elector in  the first instance the court will grant a information against the elect king v  mein term Rep a and therefore the most proper method be first to try the right  of the elector upon a information in nature of a quo warranto which ought to  go against those two person who pretend to be capital burgess and thereupon it  be grant to try their right first