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part of them, to nominate and elect other or others out of the Burgesses of the said borough into the place and office of those capital Burgesses or Counsellors so happening to die or be removed; and that he or they being so elected and chosen, and having taken his or their corporal oath before the Mayor and Aldermen of the said borough, well and faithfully to execute the said office, should be of the number of the said fifteen capital Burgesses or Counsellors of the said borough. And the said King and Queen did further grant unto the said Bailiff, Aldermen, and Burgesses of the said borough, and their successors, all other lawful liberties and franchises which the Burgesses had before enjoyed under any name of incorporation, by virtue of any letters patent of the said King and Queen, or any of their predecessors, or by any other lawful right, custom, prescription, or title.—That on the 27th of September 1708, the plaintiff being one of the Burgesses of the said borough, duly elected and chosen, was at the said borough, on the said 27th day of September, by the major part of the capital Burgesses and Counsellors of the said borough, being duly assembled, duly elected and chosen into the place and office of a capital Burgess and Counsellor of the said borough, being then vacant; and being so elected and chosen as aforesaid, he took his corporal oath before the Bailiff and Aldermen of the said borough, well and faithfully to execute the said office, and was thereupon admitted therein; and by reason thereof, became one of the capital Burgesses and Counsellors of the said borough; and that by that authority he had from the time mentioned in the information claimed, used, and exercised the said office, together with all the liberties and privileges thereunto belonging.

To this plea the King's Coroner replied; and alledging by protestando, that the Burgesses were not to be chosen out of persons not inhabiting within the borough, took an issue that the plaintiff was not sworn a capital Burgess, as he had alledged in his plea. The replication then admitted the several clauses in the charter as stated in the plea; and stated another clause, that no inhabitant should claim any liberties or franchises within the borough, unless he was continually resident and conversant within [300] the borough. And after averring, that the office of a free Citizen and Burgess were the same, said, that the plaintiff never was an inhabitant of the said borough, and traversed that he was a Burgess of the said borough, at the time of his being elected a capital Burgess. To this the plaintiff rejoined, and took an issue, that he was a Burgess of the said borough at the time of his election into the office of a capital Burgess.

These issues were tried before Mr. Justice Price, at Hereford assizes, in March 1724; and the jury upon the trial found a special verdict, stating. That the borough of Brecknock is an ancient borough, and anciently known as well by the name of the borough of Brecon, as by the name of the borough of Brecknock, and that the borough of Brecon and the borough of Brecknock are one and the same borough and then finding the several clauses in the charter stated in the plea and replication, and the following other clauses, viz. that the Common Council should have power to make bye-laws for governing the Bailiff, Aldermen, and capital Burgesses, and the Burgesses, artificers, and inhabitants of the said borough; that the Burgesses, their heirs and successors, should be free from toll; that the Burgesses of the borough, inhabiting within the borough and town or suburbs, should not be put in any assizes or juries with foreigners, nor foreigners with them; that the Burgesses of the borough or town should not be compelled to go out of the town before any Justices of assize, oyer and terminer, or other Justices, except the Chief Justice of Brecknock.

The jury then found, that the place and office of a Freeman of the said borough, and the place and office of a Burgess of the said borough, are one and the same office, and not different; and that from the making and granting of the said letters patent, the oath hereafter mentioned, intitled the oath of a Burgess or Freeman within the town of Brecknock,

First, You shall swear that from henceforth you shall bear faith and true allegiance to the King's Majesty that now is, his heirs and lawful successors; you shall be obedient to the Bailiff, Recorder, and Aldermen of this town, in all their lawful commandments; this town, and the franchises and lawful customs you shall maintain, save, and keep harmless, to your power and industry; you shall be contributing to all manner of charges within this town, as summons, watches, contributions, taxes, tallages, lot and scot, and all other charges, bearing your part as a Burgess and Freeman ought to do; you shall know no foreigner