case PHILLIBROWN against ryland a declaration for shut a parishioner out of a  room where the vestry be hold must show that he have a right to enter into  that room S c ante S c stram S c ld ray this be a special action on the case  bring by a parishioner against the defendant for shut he out of the vestry be  have offer to come in and vote among the parishioner the plaintiff declare  that public notice be give for a assembly to be hold in the vestryroom adjoin  to the church be the usual place for meeting that every parishioner who pay  scot and lot have a right to be present and vote at the vestry that the  plaintiff be a parishioner c and pay scot and lot and be come to the say  vestry but be shut out by the defendant so that he can not be present and give  his vote at the meeting of the parishioner and consult for the good of the  parish per quod c the defendant demurrer special to this declaration for that  the plaintiff do not show any special damage by his be shut out the plaintiff  join in demurrer it be argue for the defendant first that a action on the case  can not be maintain without show some special damage second that where several  have a right in common with modern report other the law will not allow that  one of they shall have a action because this will create multiplicity of suit  the offence in this case be shut the door which be a offence equal to every  inhabitant be equal a damage to each and therefore ought not to be punish by  action which will be infinite but as a nuisance by indictment or information  as for instance where a man stop up a way the law will not allow a action to  be bring against he by one without show some special damage to himself for the  consequential damage which may happen by stop the way will not support a  action a cro Elizabeth a so where the custom of the manor be for the  copyholder to name their successor and a copyholder have name one to succeed  he the lord refuse to admit he for which he bring a action but it be adjudge  that it do b the chief reason be because the copyholder before admittance have  neither law in re nor ad remember cro James pl b not lie for if one may bring  a action every one may modern report er p do the like therefore to avoid  multiplicity of action it be hold that this action will not lie so where a  lord of a manor bring a action against the vicar for not celebrate the  sacrament in his parish church it be adjudge that it will not lie because the  right to receive they be in common to all the parishioner and he have lie the  right in himself et in omnibus tenementibus nest but it may have be otherwise  if he have lie the right in himself and family and the reason why the action  will not lie be because the not celebrate the sacrament be a equal damage to  all the parishioner and therefore one alone shall not bring a action for if he  may it will multiply action which the law will not allow beside the plaintiff  have a proper remedy in the spiritual court and all this be adjudge in  williams case e   e which be a action for a common nuisance in the highway and  it be hold that it will not lie because it be unreasonable that any particular  person shall have a action where the damage be in common to many for if he  shall then every man may have the like action against the defendant and so he  will be punish many time for the same cause but if one have a more particular  damage do to he than another in such case he may have a action for that  particular injury but not for a nuisance because that be common to all people  and the commonlaw have appoint another method to punish offender of that  nature videlicet by presentment at the leet or by indictment so where a action  be bring by one of the inhabitant of Littlebury against the defendant for not  keep up a ancient ferryboat there for they to pass over the river tollfree it  be hold that this action will not lie a this be the case of pain v partridge  Mod show a because the not keep up the ferryboat be a damage to all people who  modern report have occasion to pass that way but the not pay toll be a  easement to the inhabitant of that will only but a action will lie by a  inhabitant of Littlebury for take toll for that be a private right so where  the plaintiff bring a action for stop a highway near his colliery the court be  divide whether the action will lie b Iveson v more salk S c comy Rep but this  case be afterward argue before all the justice of the common plea and baron of  the exchequer at sergeant inn and they be all of opinion for the plaintiff  that the action well lie S c ld ray S c Mod b for that it be the king highway  and the plaintiff have only a convenience to pass but no right to the way  three but admit this action will lie yet this declaration be not good because  the plaintiff do not set forth any legal or prescriptive right in the  parishioner to meet at a vestry the plaintiff shall have allege a right in the  inhabitant time whereof c to be present and vote for otherwise there may be a  select vestry which be the case here and the intent of this action be to try  the validity of select vestry it be true he allege that every parishioner who  pay scot and lot have a right to be present and vote c but that may be a  voluntary right for the parishioner be no body politic to take any legal or  prescriptive right fourthly beside the plaintiff do not set forth that the  parishioner have a right to meet in this room and if they have no such right  then the action will not lie for shut the plaintiff out of that room for it  may be in the defendant own house or in the house of some other person where  the plaintiff have no right to enter as trespass will not lie for take good  from the person of the plaintiff unless he show that they be his own good c  Yelv c for they may be the defendant good for any thing that appear to the  contrary five neither do the plaintiff show that the right be in all the  parishioner or that this be a select vestry those who argue for the plaintiff  answer the objection make by the defendant counsel first as to the objection  that this be damnum without in an unjust manner and that the plaintiff shall  show some special damage to himself c it be true a action will not lie for a  damage without a injury but it do not follow from thence that a action will  modern report er p not lie for a injury without show some special damage for  every injury imply a damage which be full prove by the case in the margin d  yearbook Henry pl cro James roll Rep vent vent lev Mod salk d second as to the  objection that this action will not lie for if it shall there will be  multiplicity of action against one person for the same offence all the case  cite on the other side to that purpose be where there be another remedy to  punish the offender either by information presentment or indictment a see the  case of Ashby v white ld ray Mod saint Tr salk a but in the principal case the  plaintiff have no other remedy but by this action for there be neither a  breach of the peace or any public nuisance three as to the objection make to  the form of this declaration that the plaintiff do not set forth that he have  a right to enter the room where the vestry be keep that be answer by show that  there be a general summons for the parishioner modern report to meet on such a  day and in such a room near the church and admit it to be the defendant room  yet if he let it for that day it be then the room of the parishioner for that  day and this the court will presume in this case fourthly as to the objection  that if the parishioner have any particular right to a select vestry that  matter ought to be set forth by the defendant in plead which he have not do  but demurrer b it be insist that the right of the plaintiff be confess by the  demurrer but it be answer that nothing be confess by a demurrer but what be  well allege and that the declaration be bad in this case for want of proper  allegation note to the former edition b and the plaintiff have set forth a  sufficient right at commonlaw to entitle he to this action for be declare that  every parishioner who pay scot and lot have a right to be present and vote c  and that he be a parishioner c and pay scot and lot and the parishioner be a  body politic for that purpose and for many other purpose parishioner may make  rate for repair their church and may distrain for such rate c yearbook Edward  pl Mod c five that since bylaw bind the property of every inhabitant it be  reasonable every inhabitant shall have a right to dissent from or to approve  they they have power of elect their own officer amenable only to themselves d  gibson Codex Mod d they be a corporation to make bylaw for mend the highway  and for make bank to keep out the sea and for repair the church and make a  bridge c or any such thing which be for the public good all which be resolve  in the chamberlain of London case e   see also S p Mod e and by the statute  will c and Ann c S they be make a body politic to several other purpose as to  tax and levy the rate for maintain the poor and to tax the parish to make and  maintain engine for extinguish fire and by the statute Geo c S they be make a  body politic for purchase workhouse to employ the poor and consequent every  parishioner have a right to be present at their public meeting in a vestry  Raymond chief justice the plaintiff do not show any right to the vestry to  which he claim admittance so that if he have no right to come in the shut the  door against he can be no injury to he but I be of opinion that this action  have be maintainable if a right have be show there be a difference between all  act which be a common nuisance and a act which disturb the particular right of  any person for the latter will entitle the person injure to their several  action though there may be a hundred or more person injure fortescue justice  in the case of king v soley the defendant be indict for take off the door of  the guildhall of a corporation which indictment after a verdict be hold ill  because no title be show to the guildhall it may be the freehold of the  defendant Reynolds justice the declaration be ill for the objection that be  take but without difficulty I shall hold the action maintainable if the  declaration have be modern report er p good every parishioner have a right to  assemble and if illegal obstruct he have no remedy but by a action on the case  No information can lie unless there be a riot or breach of the peace the case  of pain v partridge b salk pl S c Mod S c ld ray b be a case in point  judgement be give for the defendant