Ashby against white and other ld raym Buckinghamshire to wit Mathias Ashby  complain of William white Richard Talbois William bell and Richard Heydon be  in the custody of the marshal of the Marshalsea of the lord the king before  the king himself for that to wit that whereas on the that day of November in  the that year of the reign of the lord the now king a certain writ of the say  lord the now king issue out of the court of chancery of he the say lord the  now king at Westminster in the county of Middlesex direct to the then sheriff  of Buckinghamshire aforesaid recite that the say lord the king by the advice  and assent of his Council for certain arduous and urgent business concern he  the say lord the king the state and the defence of his realm of England and of  the church of England have ordain his certain parliament to be hold at his  city of Westminster on the six day of February then next come and there with  the prelate noble and peer of his say kingdom to have discourse Lord Raymond  er p and treaty the say lord the now king command the then sheriff of  Buckinghamshire by the say writ firm enjoin that have make proclamation in his  next say county after the receipt of the same writ to be hold of the day and  place aforesaid two knight gird with sword the most fit and discreet of the  county aforesaid and of every city of that county two citizen and of every  borough two burgess of the more discreet and most sufficient shall be free and  indifferent choose by those who such proclamation shall concern accord to the  form of the statute thereupon make and provide and the name of the same knight  citizen and burgess so to be choose to be insert in certain indenture thereof  to be make between he the then sheriff and those who shall be concern at such  Lord Raymond I election although such person to be choose shall be present or  absent and shall cause they to come at the say day and place so that they the  say knight citizen and burgess may several have full and sufficient power for  themselves and the commonalty of the county city and borough aforesaid to do  and consent to those thing which shall then happen to be ordain there of the  common council of the say realm of he the say lord the now king by God  assistance upon the business aforesaid so that for want of such power or  because of a improvident election of the knight citizen and burgess aforesaid  the say business may not in any wise remain undo and shall certify without  delay that election make in the full county of he the then sheriff distinct  and open under his see all and the seal of those who shall be concern at that  election to the say lord the dow king in his chancery at the say day and place  send to he the say lord the king the counterpart of the indenture aforesaid  sew to the same writ together with that writ which say writ afterward and  before the six day of February in the writ aforesaid mention to wit on the  that day of December in the that year abovesaid at the borough of Aylesbury in  the say county of buck be deliver to one Robert Weedon Esq then sheriff of the  same county of buck to be execute in form of law by virtue of which say writ  the aforesaid Robert Weedon be then and there sheriff of the county of buck  aforesaid as before be set forth afterward and before the aforesaid that day  of February to wit on the that day of December in the that year abovesaid at  the borough of Aylesbury aforesaid in the say county of buck make his certain  precept in write under the seal of he the say Robert Weedon of his office of  sheriff of the county of buck aforesaid direct to the constable of the borough  of Aylesbury aforesaid recite the day and place of the parliament aforesaid t  oh be hold thereby require they and give to they in command that have make  proclamation within the borough aforesaid of the day and place in the same  precept recite they shall cause to be free and indifferent choose two burgess  of that borough of the more discreet and most sufficient by those who such  proclamation shall concern accord to the form of the statute in such case make  and provide and the name of the say burgess so elect although they shall be  present or absent to be insert in certain indenture between the say sheriff  and those who shall have interest in such election and that he shall cause  they to come at the day and place Lord Raymond in the same precept recite so  that the say burgess may have full and sufficient power for themselves and the  commonalty of the borough aforesaid to do and consent to those thing which  shall then happen to be ordain there of the common council of the say realm by  God assistance upon the business aforesaid so that for want of such power or  because of a improvident election of the burgess aforesaid the say business  may not remain undo and that they shall without delay certify the election to  he the say then sheriff send to the same sheriff the counterpart of the  indenture aforesaid annex to the say precept that he the say sheriff may  certify the same to the say lord the king in his chancery at the day and place  aforesaid which say precept afterward and before the say that day of February  to wit on the same that day of December in the year abovesaid at the borough  of Aylesbury aforesaid in the say county of buck be deliver to they the say  William white Richard Talbois William bell and Richard Heydon then and until  and after the return of the same writ be constable of the borough of Aylesbury  aforesaid to be execute in form of law to which say William white Richard  Talbois William bell and Richard Heydon by reason of their office of constable  of the borough aforesaid the execution of that precept of Lord Raymond er p  right do then and there belong by virtue of which say precept and by force of  the writ aforesaid they the say burgess of the borough of Aylesbury be in that  behalf duly forewarn afterward and before the six day of February to wit on  the that day of January in the that earabovesaid at the borough of Aylesbury  aforesaid before they the say William white Richard Talbois William bell and  Richard Heydon the constable aforesaid be assemble to elect two burgess for  the borough accord to the exigency of the writ and precept aforesaid and  during that assembly to that intention and before such two burgess by virtue  of the writ and precept aforesaid be elect to wit on the day and year last  abovesaid at the borough of Aylesbury aforesaid in the county aforesaid he the  say Mathias Ashby then and there be a burgess and a inhabitant of the borough  aforesaid and not receive nourishing there or any where else then or before  but be duly qualify and entitle to give his vote for the choose of two burgess  for the borough aforesaid accord to the exigency of the writ and precept  aforesaid before they the say William white Richard Talbois William bell and  Richard Heydon the four constable of that borough to who then and there it do  duly belong to take and allow the vote of he the say Mathias Ashby of Lord  Raymond and in the premise be ready and offer to give his vote for choose  Thomas lee Bart and Simon main Esq two burgess for that parliament by virtue  and accord to the exigency of the writ and precept aforesaid and the vote of  he the say Mathias then and there of right ought to have be admit and the  aforesaid William white Richard Talbois William bell and Richard Heydon so be  then and there constable of the borough aforesaid be then and there request to  receive and allow the vote of he the say Mathias Ashby in the premise  nevertheless they the say William white Richard Talbois William bell and  Richard Heydon be then and there constable of the borough aforesaid well know  the premise ut contrive and fraudulent and malicious intend to damnifyhim the  say Mathias Ashby in this behalf and whole to hinder and disappoint he of his  privilege of and in the premise do then and there binder he the say Mathias  Ashby to give his vote in that behalf and do then and there absolute refuse to  permit he the say Mathias Ashby to give his vote for choose two burgess for  that borough to the parliament aforesaid and do not receive nor do they allow  the vote of he the say Mathias Ashby for that election and two burgess of that  borough be elect for the parliament aforesaid he the say Mathias Ashby be  exclude as before be set forth without any vote of he the say Mathias Ashby  then and there by virtue of the writ and precept aforesaid to the enervation  of the aforesaid privilege of he the say Mathias Ashby of and in the premise  aforesaid whereupon the say Mathias Ashby say that be be injure and bath  sustain damage to the value of and thereupon be bring suit c not guilty  verdict for the plaintiff n judgement be arrest in b r by judge against holt  but on the that of January this judgement be reverse in the house of lord and  judgement give for the plaintiff by lord against Lord Raymond plead before our  lady the queen at westminster OF the term OF the holy trinity in the three  year OF the reign OF the lady and now queen OF England c roll