Braithwaite case keb show keb lev salk salk Braithwaite bring a mandamus to  the mayor bailiff and burgess of the town of Northampton to be restore to his  place of alderman there they make a return and in their return set forth the  letter patent of car by which they be incorporate and power be give they of  hold a common council consist of a mayor bailiff and burgess and that the  mayor bailiff and such burgess as have be mayor common call alderman shall  have power upon just cause to move any common councirman from his place there  and then they set forth how Braithwaite be a member of the common council and  have commit diverse offence which they express in particular whereupon the  that of Dec car the common council assemble together summoniri procuraveru the  say Braithwaite and he not come to answer be the same day amoved ab duty his  loco his in common council per mayor citizen authority secundum paper  prediction it be also set forth that they have a command from the king and  Council to move he upon this return there be four exception take first that it  do not appear that he be summon for it ought to have be who indeed Braithwaite  postea summon to be and not summoniri procuraveru say non allocatur for it be  hold clear to be all one otherwise if it have be quod procuraveru I S the dawn  summonire a second exception be that their proceed be too quick for they  amoved he the same day wherein he be summon ed non allocatur for it appear be  live in the same town and refuse to come to make his defence they may  immediate move he a three exception be that they have exceed their power which  be only to move he from his place in the common council and they have amoved  he from his office say non allocatur for it be that wherein his office consist  and indeed it be so aver in the return but the main exception be for that they  have not as be allege pursue their authority for the mayor and such burgess  who have be mayor have power give they to move and here the amotion be say to  be per mayor citizen so that it Ventris may be by the mayor and burgess which  never have be mayor and if in regard it be indefinite it shall be intend that  all the burgess be there and it may be the amotion be by the vote of such  burgess as have not be mayor they be the great number and the other may  dissent as if the mayor and court of alderman in London be empower to do a  thing and this be do per fellow citizen London it can be good say non  allocatur for first it shall be intend that all the burgess be there and that  they all agree in the amoving of Braithwaite and if the truth be that the  burgess which be qualify dissent which must not be presume they may bring a  action upon the case for the false return and further to enforce the  intendment as before it be say to be per mayor citizen secundum paper if it  have be return that he be amoved secundum paper general that have not be good  for there must be the manner return that the court may adjudge whether the  authority be pursue it be further declare by Kelyng Rainsford and Moreton that  the king and Council may disfranchise any member of a corporation and it be  say by Ventris er p Rainsford that the wall of Northampton be order to be pull  down by the king and Council a strong a alderman may be displace upon just  cause and here be no exception to the cause return but to this Twisden say  nothing