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Hoblyn, John Rowe, Thomas Arundell, John Plomer, James Bonetto, and Henry Higgs the younger, on the 2d day of November, in the fifth year of his present Majesty's reign, at the borough of Helleston aforesaid, in the county aforesaid, and from thence continually afterwards to the time of exhibiting that information, had, and each of them had severally used and exercised, and then did, and each of them did there severally use and exercise, without any legal warrant, royal grant, or right whatsoever, the office of a Burgess and Freeman of the said borough; and for and during all the time last above-mentioned had, and each of them had severally claimed, and then did, and each of them did there severally claim, without any legal warrant, royal grant, or right whatsoever, to be a Burgess and Freeman of the said borough, and to have, use, and enjoy all the liberties, privileges, and franchises, to the said office of a Burgess and Freeman of the said borough, belonging and appertaining; which said office, liberties, privileges, and fran-[330]-chises they the said John Hoblyn, John Rowe, Thomas Arundell, John Plomer, James Bonetto, and Henry Higgs the younger, for and during all the time last above-mentioned, upon our said Lord the King, severally had, and each of them had usurped, and each of them then did usurp, in contempt of his Majesty, etc.

The plaintiffs in error put in a joint plea, admitting that the said borough of Helleston, otherwise Helston, was an ancient borough; and that the Burgesses of the said borough then were, and for the space of ten years then last past and upwards, had been, and were one body corporate and politic, in deed, fact, and name, by the name of Mayor and Commonalty of the borough of Helleston, in the county of Cornwall; and that within the said borough there were, or ought to be, and for and during all the time aforesaid there had been, or ought to have been, a Mayor, four Aldermen, and an indefinite number of Burgesses and Freemen of and for the said borough; and that the office of a Burgess and Freeman of and for the said borough, for and during all the time aforesaid, had been, and then was a public office, and an office of great trust and pre-eminence within the said borough, touching and concerning the rule and government of the said borough, and the administration of public justice within the said borough, as by the information was suggested; and then pleaded as follows:

But the said John Hoblyn, John Rowe, Thomas Arundell, John Plomer, James Bonetto, and Henry Higgs the younger, further say, that the said borough of Helleston, otherwise Helston, is, and for time immemorial hath been, an ancient town and borough; and that the Lady Elizabeth, late Queen of England, by her letters patent under her great seal of England, bearing date at Westminster, the 26th day of January, in the 27th year of her reign, reciting, amongst other things, that the Burgesses and inhabitants of the said borough of Helleston from time whereof the memory of man was not to the contrary, had peaceably held and enjoyed divers customs, jurisdictions, liberties, franchises, immunities, exemptions, acquittances, and privileges, as well by prescription, as by reason, virtue, and pretext of letters patent, charters, grants, and confirmations, to the said Burgesses of the said borough, and their heirs and successors, before that time made, and also that the Burgesses and inhabitants of the same borough of Helleston, had then humbly besought her, that she would graciously shew and extend her munificence and favour to them the said Burgesses; and that she, for the better rule, government, sustaining, and maintaining of the same borough, would vouchsafe to found, erect, make, create, and establish the said Burgesses and inhabitants, into another body corporate: she the said late Queen, therefore considering, and of her knowledge taking it for granted, that the said borough or vill was an ancient borough, and one of her most ancient boroughs within her duchy of Cornwall, did, by the said letters patent, of her certain knowledge and mere motion, for herself, her heirs and successors, will, ordain, constitute, grant, and declare [331] that, the borough or vill of Helleston aforesaid, should be, and remain for ever thereafter, a free borough of itself; and that the Burgesses of the said borough, for ever thereafter, should and might be one body corporate and politic by themselves, in deed, fact, and name, by the name of Mayor and Commonalty of the borough of Helleston; and them, by the name of Mayor and Commonalty of the borough of Helleston, really and fully, for herself, her heirs and successors, by the said letters patent, did erect, make, found, establish, ordain, and create one body corporate and politic; and that by the same name, they should have perpetual succession; and that they, by the name of Mayor and