Bulstrode the king against the major and burgess OF the city OF Gloucester a  writ of restitution Gloucester Ro Rep Ro Abr term pasch James b r argue a writ  of restitution be direct to the major and burgess of the city of Gloucester  for to restore tailor to the place of alderman he be by they remove from his  say place upon this a return be make by they wherein they express several  cause of his removal exception take to this return and argue by Coventry for  tailor that the return be not good termin pasch James b r the cause therein  specify for his removal be not sufficient the one cause be for his lend of  money unto young man by the band of his wife this as it be urge be no cause at  all be but a collateral cause and not trench to thing incident to his place as  a alderman and for this he be to be punish by other mean and not by removal as  it be here adjudge in bag case termin Trin James and report coke pars fol and  the other cause specify in the return be of the same nature also it be there  express for a cause that he be a drunkard this be no cause to remove he also  the return in this be insufficient express therein that by their letter patent  of their incorporation it be specify that the major and the common council may  remove he and that they ought to be of the common council but it do not appear  by their return that any common council be hold by they for this business in  the return it be specify that he call unto he of Bulstrode er p the common  council in house council be assemble they there for these cause do remove he  but it be not show by they in the return that this be so do by they at a  common council croak justice a common drunkard be a unfit person for  government dodderidge justice bag case which be here cite be for undecent word  speak but take heed of overt act as here in this case and so further time be  give by the court in this case for the read of the record and for further  argument of this afterward in this present term of Trinity James b r this case  be move again upon the insufficiency of the return and a writ of restitution  pray it be now urge that their common council ought to consist of burgess at  least it be set forth in the return that he be call before of their common  council and because he do not give sufficient answer to the matter object  against he they do therefore remove he if he have cause to be restore and they  do not restore he he may well have as it be urge his action upon the case at  the commonlaw he have a freehold in his burgership by the law of the land also  this charter may extend to one that be elect a alderman after the charter but  not to he that be one before and this be not show by they in their return to  be so that he be elect a alderman after their charter their charter also be  that the major and the common council this ought to be do by they at a common  council but it be not so set forth to be it be therefore pray upon the  insufficiency of the return to have he to be restore coke chief justice the  charter be the major and the common council c this ought to have be do by they  at a common council and of this there ought to be give to he a lawful warning  for if they will assemble themselves together in a corner or at a alehouse  there they can displace he but this ought to be do by they in their common  councilhouse and also at a common council there hold otherwise the same not  good Bulstrode if one be a magistrate be a common drunkard this be a personal  offence and a good cause to remove he because this go to the point of his  government and therefore this be a good cause to remove he for that such a  person give a ill example to other and for this cause be a unfit person to  govern otherwise it be if he be drink by accident dodderidge in Gloucester  they have a large and great precinct six mile and the alderman there be  justice of the peace within the city and at the assize they have a place to  sit by themselves Haughton justice here the remove of tailor be in the  councilhouse but in the return it be not say to be at a common council there  hold as it ought the court all agree the return not to be good and so by the  rule of the court a writ of restitution be grant to have he restore to his  burgesship afterward Montague the king sergeant be not satisfy with this move  the same gain and take exception to the writ of restitution be direct to the  major and burgess whereas the same ought to have be to the major and common  council who remove he the writ to have he restore ought to be direct to they  who remove he and to they the power be give by their charter to remove and not  to the major and burgess to this it be answer that the writ be well award for  whosoever have power to remove yet the writ of restitution ought to be direct  to they who have power to elect and place and these be the major and burgess  and therefore the writ be direct mayor citizen be good coke the writ of  restitution ought always to be direct to they which have the inheritance and  this be in the major and burgess and therefore the writ here be well award for  the major and commoncouncil de make but a part of the body and so the writ  well award as to the other matter clear this removal ought to have be at a  common council and not as here it be in the return for a return ought to be as  certain as a plead Wagganors case coke pars fol be then object to prove that  such precise certainty be not requisite to be in a return Bulstrode er p coke  curian yet there ought always to be a convenient certainty in a return  Haughton it be say that this removal be in house consiliij but not at common a  council as the same ought to have be and so not good as if one shall say  judgment To give back in aulan westmonasterii this be not good but he ought to  say in what court and before what judge this be the chief matter and therefore  the certainty of this ought to have be allege in the return coke agree with he  herein and therefore by the award of the court he ought to be restore to his  place Montague then move the court whether notwithstanding this writ of  restitution they may not proceed there again against he at a commoncouncil  coke this they may well do if they have good cause but yet with this  observation that they be to de that which be justice and just justice for the  matter and just for the manner and clear if a magistrate a alderman be  addicted to drink common and not by accident he be a unfit person for  government and this be a good cause to remove he the whole court agree herein  by the rule of the court a writ of restitution be award for the restore of  tailor to his place of alderman because that by the return it appear that he  be remove from his place in house council but not at common a council