Barnardiston and soam ante Wednesday February return sir Fr winnington the  king solicitor for the defendant that the action lie not at commonlaw until h  time there be no indenture but return be b dainties to be which be by h cap  make part of the return because of the sheriff partiality which alter the writ  and the return and in h cap the parliament order punishment of the sheriff by  forfeit l and h cap far add imprisonment for a year then h cap provide in the  last place for the party elect by l to be sue for in three month by the party  else by any and this cause relate to government Inst be not like other  election but to be determine in parliament and must be understand no remedy be  by action upon the case but by public punishment there and the party can  allege he be damnified otherways than any of the rest of the county for every  elector as appear from the form of the writ may aver he be thereby destitute  of a knight and the election be pro usefulness all comitatus and   glass case  be strong upon this reason on prescription by lord of the manor to have  celebration of divine service for himself and tenant give equal advantage to  all no action will lie for the multiplicity also the examination of the false  return be only in parliament which be allow quo ad the right of election but  may be here as to particular damage but that be the most principal this that  be but a consequent ought Keble to follow it and the contrary will introduce  great inconvenience on the sheriff accord to the success of the major voice in  parliament which may be but by one Edward Stanf Coron Inst for whatever relate  to parliament no information lie though in Ph and mark there be some also bad  the sheriff be imprison by parliament he can not plead that in bar here pl Com  dyer raze Entr b in all the argument on h there be no notice take of any  remedy at commonlaw the damage be entire as well for the expense after the  return as for the return it self and therefore on Cr sir John Elliots case  which car Keble er p be reverse in parliament because whatever be do there be  not examinable here also there be no damage till the petition make in  parliament also the wickedly be but form a clergyman not improve by the  verdict for the plaintiff return be perfect and the Lord Huntigdowers only by  some ut major pars c and the declaration of the Commons affirm the election be  not like the probate of a will sufficient to estop the party from show the  contrary in mitigation of damage which be tumultuary be not so suitable to  this court also there be no wage till sit and they be person intend for  quality have but these in ease of service he lose no duty raze Entr be a  sufficient justification to levy for wage by the king writ and this matter can  not come in question and in nevills case they can never get a step forward and  in car hughs part Lechmores case in Bridgmans time the sheriff be say a judge  as to election and adjournment and whether of fact or law no action lie  against he   Maynard for the plaintiff that the action lie at commonlaw and  the statute give a penalty show it unlawful and be affirmative take not away  the party more beneficial remedy and the generality of the injury as on  nuisance do not take away remedy on particular cost and damage as here and Hub  saint John case the remedy by action upon the case be no more take away by  examination in parliament then the remedy on the statute h for by this mean  the statute shall be submit to the commons house and what be debate in the  parliament can be question out this return be make into the chancery and the  action be not bring for a double return but for a double falsity in judge on  both side and neither true also action upon the case be not in register but  arise on every emergency of fraud that can be provide against and here the  return be but inducement to the damage and no action lie for the damage alone  Keble Mr Harris car be restore to the office of a parliament man for Oxford  wherein it be say indictment or action upon the case lie against the mayor for  false return though that concern the government as well as this and Leonard pl  action upon the case against a justice of peace for make a warrant false where  there be no just accusation and the falsity and fraud be fact which be find by  the verdict Twisden justice say this differ not for conspiracy or false return  where the court amerce yet the party have remedy and in bag case action upon  the case be for false return but by Rainsford there be no remedy any where  else hale chief justice say there be nothing here concern what be do in the  house of Commons as in Elliots case and here be no plea to the jurisdiction  nor can be and the Commons have determine the election but say nothing of the  damage and action upon the case will lie against a messenger that have  intercept the return of a knight and affix another name instead of his and  this be the same case all the matter be here transact before sit and in c b  they will amerce the sheriff for a false return and yet action upon the case  lie in b r by the party for the damage and the expense be not in the house but  bring up witness be and retain counsel and he that be choose do unworthy if he  do not sit have a estate in the county be can wave it and though it be no  employment of advantage yet of reputation and trust it be to be keep from  which as from coroner or commoncouncelman alderman c be a damage whether they  have fee or not and the statute give the l whether the party have damage or  not so penalty on extortion of sheriff exclude not the party remedy beside and  this action do not anticipate but follow the determination of the parliament  wile justice say the say there be no sufficient remedy be intend provide by  statute not that there be none at commonlaw and it be never know the  parliament give any damage but Rainsford justice say it be fit to advice with  all the justice Adjornatur