In 1704, when corrupt practices had extensively prevailed at the Aylesbury election, the Whigs, who were then defeated, knowing that proceeding by a petition to the House of Commons would be useless, caused actions to be brought in the Queen's Bench division by some of the electors against the returning officers. One of these actions, the leading case of Ashby v. White, after judgment for the defendants in the Queen's Bench, from which Lord Chief Justice Holt dissented, was taken to the House of Lords upon a writ of error, and the judges were summoned to advise the house. Of these judges Bury was one, and his opinion was given in support of that of the Lord Chief Justice in the court below; and Lord Somers being of the same opinion, the decision of the queen's bench was reversed by fifty to sixteen. On 20 and 22 April 1710 he, with Chief Justice Parker and Mr. Justice Tracy, at the Old Baile, tried one Damary for riot and being ringleader of a mob.
