case temple against Killingworth a action on the case will not lie for sue one  in a inferior court for a cause of action arise without their jurisdiction for  if this have be plead and refuse a prohibition will have be grant SC Carth SC  Mod SC Danv action upon the case against the defendant for levy a plaint in  the sheriff court in London and cause the plaintiff to be arrest thereon where  in fact the cause of action arise not within the jurisdiction on not guilty  plead a verdict for the plaintiff and five pound damage assess and move in  arrest of judgement that the action lie not for that there be no malice in the  case and it be not aver that he be hold to unreasonable bail but d the court  after a three argument refuse to grant a mandamus for that a proctor be not a  temporal officer but a spiritual person under the control of the  ecclesiastical court ante post shower KB er p bare because it accrue extra  jurisdiction and there be cite roll Abr that a action will lie for a second  arrest for the same cause after a remover of the first plaint by a habeas  corpus but here be no unjust vexation for he may have plead to the  jurisdiction there and have have his cost and in the case of bray v Partrid a  hold no action lie for suit where there be no cause of action and it be hard  that a action shall lie because out of the jurisdiction when it will not lie  though a verdict be for the defendant and no cause of action at all in the  case of waterhouse v bawd b no action lie for suit in spiritual court for  tithe of wood where the statute say no tithe shall be pay Mr turner argue e  contra that this action do lie because here be both injury and damage and  there be the statute of Westminster the first which prohibit such suit in  inferior court he cite cro James cro Elizabeth side sand the action will not  lie for a causeless suit alone that be because of their general jurisdiction  but here this action be for a unjust vexation c the question here be if the  process be illegal and it be so it be all in person non judge perhaps a action  will not lie against a officer for he be justifiable but here it be against  the party d the case of Hudson v cock e be as this and judgement for the  plaintiff f and shower KB the practice of late S be frequent to bring action  of this nature holt chief justice it be hard a action shall lie of late the  opinion have run with the action nay in the case of Ollcit v Bessi g some hold  false imprisonment to lie against the gaoler but sure it be hard that a action  shall lie for sue with cause because out of the jurisdiction and because no  cause within the jurisdiction when a action will not lie for suit on a verdict  for the defendant when there be no cause at all neither within nor without  beside the inferior court have jurisdiction of such a cause as this and the  law have put a plea into his mouth and in all hale time no prohibition be  grant without affidavit of a plea offer it be fit to be consider by all the  judge because there have be difference of opinion let it stay until what time  c dolbin justice it be never hold to lie till north time