London: Printed by Charles Bill, and the Executrix of Thomas Newcomb, deceas'd; Printers to the Queens most Excellent Majesty, 1704. 14, [2 blanks] pp. Folio, stitched, lightly dusted. Near Fine.
Ashby had recently settled in Aylsbury. Constable White thwarted his attempt to vote for burgesses of the House of Commons, on the ground that he had not established a settlement in Aylsbury. Ashby sued, claiming this interference with his right of suffrage was unlawful. The House of Commons concluded that Ashby was without a remedy; that permitting lawsuits for such alleged violations would give rise to a multiplicity of vexatious litigation; and that Ashby was guilty of a breach of the privileges of the Commons, which had sole jurisdiction over such matters.
Outraged, the House of Lords resolves that Ashby, and those similarly situated, may bring an action at law; that the Commons is guilty of "a manifest Assuming a Power to Control the Law, to Hinder the Courts of Justice, and Subject the Property of Englishmen, to the Arbitrary Votes of the House of Commons." Item #28584