case the king against hull if judgement be give on a information against a  mayor for usurpation the court will not afterward grant he a mandamus S c  stram S c bro p c mandamus to swear the defendant in mayor of Penryn in  Cornwall they return that one Pender the former mayor act as mayor who though  duly elect take not the oath of office which be find on a information there be  judgement of amotion against he and that notwithstanding he preside at the  election of the defendant who be therefore not duly elect these return ought  to have the most exact certainty and the rather because it be a doubt whether  a writ of error lie a bag case   see also salk a the return allow and it  appear by the verdict on the information that he be well elect though not  swear the information be set forth without say prout to stand open per record  after the judgement of ouster it be prout to be fluid per record but the  judgement may have be return alone without the previous information it do not  appear that the issue be try by a proper authority it be before the justice ad  assisas capiend and no writ of nisi prius be mention and justice of assize  without a writ of nisi prius have no authority to try issue Raymond chief  justice if there be error in the record the judgement be in force until  reverse the first question in the law be if he can be swear after saint  Matthew day be to be modern report elect mayor until saint Matthew day and  until another be choose and no direction for the time of swear to be find in  the charter the second question be whether this judgement of ouster for not be  duly swear though he be duly elect hinder the party from a mandamus to be  swear in case of a mandamus where there appear the least right for the  plaintiff a peremptory mandamus must go a salk Jones ray Mod a the right to  the office arise from the election the modern report er p exercise of it from  the swear he can not act without be swear but be remove for act without  authority do not deprive he of his right to be swear a judgement of amotion  may vacate a election and discharge any precedent right but a amotion only  move from execute the office the whole proceed show be be only amoved for not  have take the oath chapel in reply he be by the judgement in a utter  disability of be swear in it appear that the year of Pender be long since  elapse all the right he have be go by the judgement of ouster which be final  and absolute not conditional the election and swear make but one title Raymond  chief justice the question be whether the right gain by the former election be  still subsist there be two issue on the information if duly elect and if duly  swear the first find against the other for he and judgement of ouster whether  the judgement be right or wrong we be not to determine but must take it as it  be but it be the constant judgement on information in nature of a quo warranto  for though he be duly elect he ought to show he be qualify before he act this  judgement be full and plain and in the same word as a judgement of total  amotion videlicet quid p Pender de et in predict c nullo see intromitta send  ab the same et the dawn quid lib inside to shut out et powys justice of the  same opinion fortescue justice on information a entire title and right to the  franchise must be show here be not a entire title for the whole make a title  there be judgement of ouster and that very right though if not it ought to be  reverse before we can get over it the import of the judgement be as strong as  word can express it he be forejudged of the office and everything belong  thereto a man shall lose a real liberty by claim false Henry a fair be to be  hold one day in a week he hold it two and so lose his letter patent in a quo  warranto Reynolds justice I shall have have some difficulty with regard to the  judgement as now enter there be judgement of seizure until what time but this  be give as absolute as can be and until reverse by error he be absolute  exclude Mr Hussey I hope no rule shall be give because if we reverse this  judgement such rule may not be against we per curian the return be good modern  report trinity term the eleven of George the first in the king bench sir  Robert Raymond Knt chief justice sir Littleton powys Knt sir John fortescue  aland Knt James Reynolds Esq justice sir Philip York Knt attorneygeneral sir  clement Wearg Knt solicitor general