68 RECORDS OF OLD TIMES 



resolved itself into a Committee of the whole House, 

 to take into consideration the Aylesbury case of 

 Ashby V. White. After a lengthy debate it was 

 resolved by 215 v. 97, 'That, according to the 

 known laws and usages of Parliament, neither the 

 qualification of any elector, nor the right of any 

 person elected, is cognisable or determinable else- 

 where than before the Commons of England in 

 Parliament assembled, except in such cases as are 

 specially provided for by Act of Parliament ' ; and it 

 was further resolved ' That Mathew Ashby, having, 

 in contempt of the jurisdiction of the House, com- 

 menced and prosecuted an action at common law 

 asrainst William White and others for not receivingf 

 his vote at an election of burgess to serve in Parlia- 

 ment for the said borough of Aylesbury, is guilty of 

 a breach of the privileges of this House.' Notwith- 

 standing this, in April, Ashby continued his action, 

 and at the late Bucks assizes obtained a verdict of 

 5/. against the defendants for refusing his vote. On 

 being carried to the King's Bench, and after a long 

 argument, the judges, by 3 to i, decided that the 

 action could not lie, and that the plaintiff Ashby 

 had no cause of action. 



In the following October the House of Commons 

 was informed that new actions for five other voters 

 were brought against the Returning Officers, and the 

 House resolved ' That it was a breach of privileges 

 of the House, and that the five men should be com- 

 mitted to the gaol at Newgate, and that Mr. 

 Speaker issue his warrants accordingly, and that 



