case the king against the mayor OF vuhitchurch and other trial at bar deny a  rule be make against the mayor and other officer of the borough of Whitchurch  to show cause why a information shall not go against they be choose into their  respective office and not dwell in the borough and by a jury of nonresident be  impanel for that purpose against which choice the inhabitant of this borough  protest it be contrary to their ancient usage as be now suggest the counsel  for the defendant show for cause against this rule that all the officer of  this borough be to be constant choose by freeholder thereof and that some of  the inhabitant who be freeholder be summon to be of the jury but they refuse  to appear pretend they will not serve with those who be not inhabitant of the  borough but outdwellers and therefore exclude from be of the jury and  thereupon other be return who will serve that ever since the year the  outdwellers who have freehold in the borough be return juryman which appear by  the entry make in their boroughbooks and such outdwellers have serve in all  the office thereof that Whitchurch be a ancient borough by prescription and  that the jury thus impanel as aforesaid do not serve in a courtleet but in a  boroughcourt for if it have be to serve in a leet then it must be by  inhabitant but that in a boroughcourt none but freeholder be to be of the jury  which freeholder may be outdwellers so as they have a freehold within the  borough that all the jury have freehold in the borough and by such a jury  assemble at a boroughcourt the defendant be lawful choose but the rule be make  absolute by two judge against one there be but three in court for this be a  matter of right it be fit to be try by a jury who be the modern report proper  judge of evidence the court at another day be move for a trial at bar upon  some affidavit that the freehold to the value of a thousand pound may come in  question but it be deny for no other reason but that it be a borough cause  modern report er p