Page:The English Reports v1 1900.pdf/977

then and there name John Tucker, Esq. the said Richard Tucker, John Friend, and John Carsewell, then being four of the inhabitants of the borough and town aforesaid, in order that out of them so named, the then Mayor, Aldermen, Bailiffs, principal Burgesses, and other Burgesses and inhabitants (being also on the same day there met for the purpose aforesaid) might elect one to be Mayor. And that at an assembly of the then Mayor, Aldermen, Bailiffs, principal Burgesses, and other Burgesses and inhabitants of the said borough and town, held on the same day at the Guildhall, (they being met together for that purpose,) they the said John Tucker, Richard Tucker, John Friend, and John Carsewell, were then and there duly declared to the said then Mayor, Aldermen, Bailiffs, principal Burgesses, and other Burgesses and inhabitants of the said borough and town so assembled as aforesaid, in order that out of them so named the said then Mayor, Aldermen, Bailiffs, principal Burgesses, and other Burgesses and inhabitants, might, by the majority of voices of them so met, elect one to be Mayor; and that at the said assembly, he the said Richard Tucker was then and there elected to be Mayor of the said borough and town, by the majority of voices of them so assembled; and that after such election, and before he was admitted to exercise the said office, to wit, on the 6th day of October, in the year aforesaid, he took his oath for the due execution thereof, before Richard Jordan the then last Mayor, his predecessor, in the presence of as many of the Aldermen, Bailiffs, and principal Burgesses, as would be present; and by virtue thereof, on the said 6th day of October, was admitted into the said office of Mayor, and took upon himself the execution thereof; and by that warrant he claimed to be Mayor.

To this plea the Coroner and Attorney replied, and thereby admitted the letters patent mentioned in the plea; and then set forth, that the said King James, by his letters patent, willed, that the Mayor, Aldermen, Bailiff's, and principal Burgesses of [306] the said borough and town for the time being, or the major part of them, should, on St. Matthew's day yearly, elect two of the Burgesses or inhabitants of the said borough and town to be Bailiffs, who should take the oaths of office, and should exercise those offices for one whole year; and from thence until two others should be duly elected thereto, according to the directions of the said charter. And that if the Mayor should die or be removed from his office within the year, the Aldermen, Bailiffs, principal Burgesses, and other Burgesses and inhabitants for the time being, or the major part of them, should elect another of the Burgesses or inhabitants to be Mayor, who should exercise the office for the residue of the year, and until another should be duly elected thereto, according to the directions of the said charter, having first taken an oath for the due execution of his office. That if any of the Aldermen should die, or be removed, or depart from that office, and at the time of the death, amotion, or departure of such Alderman, there should not be eight Aldermen surviving, that the Mayor and surviving Aldermen, as also the Bailiffs and principal Burgesses for the time being, or the major part of them, should elect so many as should be wanting of that number, out of the Burgesses or inhabitants, to be an Alderman or Aldermen of the said borough and town; and that he and they so elected, having first taken an oath faithfully to execute the said office, should exercise the same during his or their natural life or lives, unless in the mean time removed, according to the directions of the said letters patent.—And the said King further willed, that every person who, at any time thereafter, should exercise the said office of Mayor, if not amoved for misbehaviour, should, immediately after the expiration of the same, become an Alderman, to continue in the same for life, if he should so long behave himself well in the same.—That if the Bailiffs or either of them, should die or be removed from that office within the year, the Mayor, Aldermen, Bailiffs, and principal Burgesses, and other Burgesses and inhabitants of the said borough and town for the time being, or the major part of them, should elect one other or two others out of the Burgesses or inhabitants, to be Bailiff or Bailiffs.—That if any or either of the twenty-four capital or principal Burgesses should die, be removed, or depart from that office, that the Mayor, Aldermen, Bailiffs, and the rest of the principal Burgesses for the time being, or the major part of them, should elect one or more others out of the Burgesses or inhabitants of the said borough and town, into the place or places of such principal Burgess or Burgesses so happening to die, or to be removed.

The replication further set forth, that ever since granting the said letters patent, the usage had been within the said borough and town, that upon the day appointed