Barnardiston and soam ante return Mr attorney north except in arrest of  judgement that the action be not maintainable be at commonlaw and not on h cap  the ordinary return on process be conclusive to party but here it be not for  the Commons every day rectify the return by petition in those return sheriff  in doubt may take the party security which will here be the great crime as in  Brunker dyer pl in the starchamber those return be within the jurisdiction of  the court to who the return be and the court as in the banker case examine non  be invention against person every day present there only the right of the  party be concern but here the public government the statute h be introductive  of a new law there be no convenient remedy as by action upon the case may  before action upon the case will not lie against the sheriff be a judge as    though it be scienter falsely or she intention and that find by verdict  because judge ought to be free of all apprehension of fear of party one of  which they must displease and the determine the election be matter of  difficult judgement as of the value and title of freehold and fraud and  residence and Keble in these question the committee of privilege often  determine one way and the house another car hill rot Mr Lechmores case resolve  that the sheriff in the county court be the sole judge in election of knight  and may amerce the suitor and the writ be in nature of a special commission  and the difficulty be as great in they as in any judge by reason of crow and  interest the sheriff be no officer to the court of justice but immediate to  the parliament and the king and its the opinion of the Commons that the  chancery can issue forth new writ for election without letter from the speaker  nor can they meddle with return but only the parliament and if the sheriff be  expose be will provide for his own security rather than regard the public and  by the course of parliament if I S be return choose on petition of I d the  parliament bring the sheriff in and make he amend his return and so upon a  double return the sheriff be make to take one off which be do to secure the  sheriff against any action upon the case at commonlaw else the sheriff can be  safe hence in difficulty the sheriff be indulge to return double and they  punish the sheriff on partiality and there be no damage to the party for when  the right be determine its ab beginning for his wage in this action the right  of election come in question and the gift of the action lie upon it such a  action as this never prevail before though in all time there have be occasion  for it and the statute take notice of it and Nevil and strouds case be not  confirm by act of judicial proceed there be no judgement but adjourn into  parliament for difficulty relate to matter and privilege of parliament the  falsely c will not make that action maintainable where the matter will not  support it as   action upon the case lie not against the lord for not admit  copiholder so Madisons against Skipwith action upon the case for kill sir  Francis Worsle on purpose to determine his annuity which though falsely will  not lie and so in the case of style cave and Goulding and he rely on the case  of a judge Maynard for the plaintiff party bath loss and the public have  prejudice and here be falsehood in the sheriff the wage be but from time of  attendance and by this mean the sheriff may keep the parliament empty of  knight as the mayor may of burgess and this equivocation be worse than a lie  also public nuisance as damage to the party be accionable and here the party  be keep from sit also the not be conclusive be a great charge and so more  actionable the statute Keble only say there be no convenient remedy not that  there be none and by Mr solicitor this case will not have come within the  statute h because the plaintiff be return and it appear by the record the  plaintiff be choose by majority and no difficulty appear but that the double  return be make purposely to put the plaintiff to charge and so the action lie  whether falsely or not and many statute give penalty for wrong for which  notwithstanding a action lie at commonlaw as on escape the sheriff be no more  a judge than he that tell the voice at the Commons door or on election in  guildhall and his examination make he not a judge and a action will lie here  for false return into any court and the right of the election be not Keble er  p in question but already determine with the plaintiff in parliament and  nevills case be for not return he who be one of the five then allow and two be  return accord to the ancient number also the matter never have be in  parliament therefore be not proper begin in Westminsterhall but in this case  the parliament have determine the matter and the verdict be a affirmance of  that determination last as in   Slades case if the action be agreeable to the  rule of law and no rule against it the action be now well enough bring though  never any be bring before it be far urge by Offle for the plaintiff that  Richard cap give a amerciament of sheriff as accustom and in Edward in the  tower in which roll there be no membrane Matthew de Grantham elect knight for  Cornwall petition against the sheriff for return one read and the answer by  the Commons to that petition be that the sheriff be arrest to answer that  matter h cap establish the form of election without other remedy than at  commonlaw the sheriff be no judge where he be to make any return as elegit  roll Lister and Bromle and in parliament the clerk of the crown bring in the  return out of chancery and carry it back though amendment be in presence of  the sheriff so Edward the statute h be a affirmative law so take away no  remedy that be at commonlaw and the statute h cap pound h cap be with penalty  against the escheator yet Inst and roll action upon the case lie against he  for false office and in debt upon h if issue be that he be not duly elect the  right of the election may come in question and so raze Entr in trespass for  distress make for wage of knight of par Keble liament h Numb give a general  indemnity to sheriff which show there be misdemeanour to which they be liable  at commonlaw beside upon the statute that this court have no jurisdiction of  the principal be not material for this court bath no jurisdiction of  incontinence yet by a consequential damage such slander be liable to action  upon the case here so I roll Cr the same of adultery roll and as for nevills  case which be hill that be on false return another without lie any particular  damage but dishonour and verdict find l but here be a particular damage lie in  the declaration which be tryable by jury and that case be carry up by the  chief justice into parliament yet it be by they send into the exchequerchamber  and there fall by dissolution of Richard government and after by death of  Stroud the sheriff sir William Scrogs for the plaintiff whether the sheriff  may make a double return or not be a question mere parliamentary and if the  voice be equal the sheriff may make a double return as a judge and h have more  to do than tell voice to judge whether infant nonresident when a writ be read  or he that come in while the poll be take shall give any voic and these every  day make the difficulty in parliament pl Com in Bucklies case he be say a  judge and if he be none then I except that its say at the county court hold  before the sheriff and suitor be ill and shall be before the suitor only as  ante and the return of Lord Huntingdower be say to be by other person as  majority of freeholder which be affirmative and so the return of the plaintiff  be single Twisden justice say this be no more a judicial act than the election  of a crowner in which case the sheriff must examine the qualification of the  person curian advisare vult yet per curian judgement can be only of that term  in which its give and can relate tunc pro nunc