case Matthew ASHBY Plaintiff William white and others Defendants in error that  January Mews dig way Sm l c that Edward Rul Cas see also ld raym id salk holt  saint Tr a action on the case lie by a burgess against the return officer of  the borough for refuse his vote at a election of member to serve in parliament  Mod viner vol p can salk on the that of December writ be issue for summon a  parliament to be hold at Westminster on the that of February then next ensue  one of which writ be deliver to Robert Weedon esquire the then sheriff of the  county of buck to be by he execute on the that of the same December the  sheriff send his precept to the defendant who be then constable and the proper  return officer of the borough of Aylesbury in that county to choose two  burgess to represent the say borough in the ensue parliament and by virtue of  this precept the defendant appoint the that day of January follow for the  election some short time before the overseer of the poor of Aylesbury warn the  plaintiff out of the parish as a poor indigent person brown unless he will  give security to save the parish harmless and for that purpose they apply to  the justice of the peace for a order to remove he but while this matter be in  agitation the election for member come on when the plaintiff offer himself to  be poll as a burgher duly qualify the defendant think proper to reject his  vote allege that he be no settle inhabitant of the borough and have never  contribute either to church or poor hereupon the plaintiff bring his action on  the case against the defendant and upon the trial obtain a verdict with damage  but upon the defendant move in arrest of judgement the court of king bench  after several argument brown er p be of opinion the Lord chief justice holt  dissent that no action lie and therefore order judgement to be enter for the  defendant to reverse this judgement the plaintiff bring a writ of error in  parliament insist f page that he be thereby deprive both of his verdict and  his cost and that by discountenance this action all sheriff of county mayor of  corporation and constable of borough who the law have entrust with take the  poll at election for member of parliament will have it in their power to  return who they think fit presume upon their indemnity from this instance on  the other side it be contend t powys c Phipps that notwithstanding the many  election which have be controvert in every new parliament no such action as  the present have ever be bring which clear show it to have be the constant  opinion of lawyer and other in all age that such a action will not lie that  several act of parliament have be make to give remedy by action in Westminster  hall in some particular case of election and this prove that there be no  remedy at commonlaw in those court that there never be but three action upon  the case bring by candidate for false return videlicet neville case in the  late troublesome time and sir Samuel barnardiston case and onslow case in the  reign of king Charles two and in all these case the defendant prevail upon the  point of law videlicet that such action will not lie and if such action do not  lie for the elect much less will it lie for the elector for to support every  action upon the case there must be damage in proesenti or a possibility of  damage in going to be but which there can not be in this case unless it be  presume that contrary to the act of parliament the plaintiff be to have money  for his vote that if there be damnum yet it can not be pretend there be in an  unjust manner and damnum without in an unjust manner be not sufficient to  support a action upon the case that this be not to be compare to other case  where the party have no remedy but in Westminster hall for here the plaintiff  have a remedy by apply to the house of Commons it be usual for elector who  think themselves aggrieve by chief magistrate in a election to apply to that  house although the election itself may not be contest by the candidate and  that as all parliamentary cause be to be brown determine in parliament it be  conceive that this matter be proper determinable in the house of Commons only  and that the court of Westminster hall not be authorize by any act of  parliament have no cognizance of it after hear counsel on this writ of error a  debate ensue and the question be put whether this judgement shall be reverse  it be resolve in the affirmative dissentient the lord Rochester Northampton  Scarsdale Weymouth Granville Gower Abingdon Guernsey and Guildford and the  bishop of Rochester Chester saint Asaph and London it be therefore order and  adjudge that the say judgement shall be reverse and that the plaintiff shall  recover his damage assess by the jury and also the further sum of for his cost  in this behalf sustained Scarce any judicial determination ever occasion such  a disturbance in both house of parliament as the present for on the that of  January the house of Commons resolve itself into a committee upon this  business and after a very long and animate debate the committee come to the  five follow resolution which be the next day report and agree to by the house  saint that accord to the know law and usage of parliament it be the sole right  of the commons of England in parliament assemble except in case otherwise  provide for by act of parliament to examine and determine all matter relate to  the right of election of their own member dly that accord to the know law and  usage of parliament neither the qualification of any elector or the right of  any person elect be cognisable or determinable elsewhere than before the  commons of England in parliament assemble except in such case as be special  provide for by act of parliament dly that the examine and determine the  qualification or right of any elector or any person elect to serve in  parliament in any court of law or elsewhere than before the commons of England  in parliament assemble except in such case as be special provide for by act of  parliament will expose all mayor bailiff and other officer who be oblige to  take the poll and make a return thereupon to multiplicity of action vexatious  suit and unsupportable expense and will subject they to different and  independent jurisdiction and inconsistent determination in the same case  without relief thly that Matthew Ashby have in contempt of the jurisdiction of  this house commence and prosecute a action at commonlaw against William white  and other the constable of Aylesbury for not receive his vote at a election of  burgess to serve fit parliament for the say borough of Aylesbury be guilty of  a breach of the privilege of this house thly that whoever shall presume to  commence or prosecute any action indictment or information which shall bring  the right of elector or person elect to serve in parliament to the  determination of any other jurisdiction than that of the house of Commons  except in case especial provide for by act of parliament such person and  person and all atorneys solicitor counsellor sergeant at law solicit prosecute  or plead in any such case be guilty of a high breach of the privilege of this  house chandler debate vol p jour vol p brown er p