burrow king versus mayor and JURATES OF rye Tuesday that June consent to try a  right in a feign issue where the mayor and jurates can not join in a return to  a mandamus sir Richard Lloyd show cause why a attachment shall not issue  against the mayor and jurates for not return a mandamus direct to they command  they I to admit and swear Edwin Wardroper into the office of one of the  jurates of that corporation or to show cause why they refuse to admit he his  cause be that it be not possible for they joint to make any return at all for  the mayor claim a sole and exclusive right to nominate this jurate and the  jurates deny that the mayor have any such sole and exclusive right so that it  be impossible for the mayor and jurates to join in any return unless either  the one or the other shall give up the right which they insist upon the  jurates will return non to be dainties but the mayor refuse to join in this  return because he say that the jurate be duly choose and the jurates can not  force he to join in their return therefore it will be hard to punish the  innocent promiscuous with the guilty sir Richard be for the jurates and he  offer to put the right into any method of trial but he say they can not give  up their franchise it may be try either upon a return of non to be dainties or  upon a feign issue we be not perverse and obstinate but lie under a real  honest difficulty we can pay obedience to the writ consistent with our oath  and a attachment will answer no end or purpose for if a attachment shall go  and the defendant shall be examine upon interrogatory it will come out to be a  mere question of right NoteThe right claim by the mayor be to fill tip the  vacancy of jurates happen during his year general but the jurates deny that  the mayor have such a right general though they admit that he have it upon the  single day of his election but not afterward as they allege it end in a rule  by consent to try the right in a feign issue at the sit after this term for  Middlesex on the question whether Edwin Wardroper be duly elect or not and  further that the book shall be inspect and copy take c and the book themselves  produce at the trial on proper notice c and that the party who shall prevail  may be at liberty to enter up his judgement as of this term burrow v Mod owner  queen v chapman late mayor of bath that point Comberb case of new Sarum king v  churchwarden and overseer of saint I have h g b r report in Lucas