Barnardiston and soam ante return Weston for the defendant that the action lie  neither of it self at commonlaw nor for the form as a double return at the  commonlaw on return per plegios no action ever lie for insufficient return but  a petition to the king for the sheriff undue practice who as Prinn on Inst in  Edward time refer the matter to the Keble er p commonlaw or justice of assize  if there be no constitution a novelty can have no colour of law without usage  as light sect and the statute which enforce this h cap give only penalty at  the suit of the king but take no notice of any damage to the party until the  statute h cap which express take notice no remedy be to the party at commonlaw  and as on loss of presentation no action lie because he can not make gain of  the presentation so here there be no gainful interest but all age have till  now rest satisfy with the penalty of the statute as to the manner the be  hinder to sit in the house of Commons be no loss and the be put to great  expense in make it appear to the parliament that he be duly elect be but to  have cost here for suit in another court and the Commons be proper judge of  the damage and cost and may give they or not as they think fit and if no  action lie for wickedly sue at commonlaw as be adjudge Trin Dawson and read  send curian contra that it be adjudge it will lie but after reverse for other  defect in exchequerchamber and by hale chief justice action upon the case in  the exchequer for maliciose sue he without cause to the intent to hold he to  bail be adjudge to lie and affirm in the exchequer Chamber and so be swain  case but by Weston though the action lie for false return in c b per quod he  be there force to arrest he de to make new and put he to expense there yet  this court take notice c b can tax no damage of false return but the  parliament may also its impossible this return shall be she intention to  deprive he of his office because bad the Lord Huntingdower be return alone the  the plaintiff have mean by petition to be admit therefore Keble there can be  no evidence of intention also the Commons may have enforce the amendment of  the return and make it single or may have fine the sheriff for the doubleness  as well as to question it as doubtful and if the house of Commons have not  give the quick way this court can supply their default roll damage for long  imprisonment on appeal be not recoverable because the court may have give they  levins except to the declaration that its not sufficient show the plaintiff be  elect videlicet that the precedent knight be dead but only ut dominus king to  take without effort recite in the writ send non allocatur unless the former  knight be aver alive and when he die the writ be to elect at the next county  and make due proclamation and its say proclamation and election be the same  day and the proclamation shall be precedent for notice of the country sander  the sheriff be not bind to determine the law but only the fact as a minister  and it be difficult to he whether the plaintiff elect be by the major part of  the freeholder or the Lord h elect by the major part of the county but per  curian be deceptive all that be out of door be only evidence hale chief  justice have it not be for the statute h which give to the party whether there  be damage or not perchance the election may be question but now if this court  try the election as in Nevil case precedent to the parliament they shall lead  they but this be after the decision of the house of Commons and meddle not  with any thing in that interval between the return of the writ and the sit in  parliament Scrogs the deceptive be not apply to any thing but what the sheriff  may do videlicet make a double return as well as cause the election to be at  any place in the county deceptive will not be actionable so nonresidence and  other circumstance of which as of equality of number the parliament be the  sole judge and there may be so many exception against the majority the  minority may prove the better election and the consequence of this action  shall have be the retun of the indenture between the Lord Huntingdower choose  ut by the majority whereas there be no such indenture not that where in fact  he be not elect by the majority hale chief justice action upon the case for  double return will not lie more than for a indictment which be both  justifiable but deceptive make the gist of the action and the indenture be the  return also in a borough notice must be of the day and place of election but  in shire its to be at the next county and so the pro Keble clamation be the  same day and so be pl Com Bucklies case et adjornatur Keble er p