case Ashby against white see S c ld raym with note record of a action on the  case bring by a voter against the return officer for refuse to take his poll  at the election of a member of parliament 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 twentysixth day of  November in the twelve 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 bad 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 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 say 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 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 commoncouncil 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 seal and the  seal of those who shall be concern at that election to the say lord the now  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 twentyninth day of December in the twelve  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 six day of February to wit on the  thirty day of December in the twelve 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 to 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 modern er p 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 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 commoncouncil 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 six day of February  to wit on the same thirty 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 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 six day of  January in the twelve year abovesaid 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 and in  the premise be ready and offer to give his vote for choose sir 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 but contrive  and fraudulent and malicious intend to damnify he 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 modern er p Ashby of and in the premise  aforesaid whereupon the say Mathias Ashby say that he be injure and have  sustain damage to the value of two hundred pound and thereupon he bring suit c