case moravia vers sloper all in c b in justify under the process of a inferior  court it be necessary to show that the precept levy be within the jurisdiction  of the court ld raym burr Cowp this be a action of trespass for a assault  battery and false imprisonment the defendant as to all but the assault and  imprison and detain in prison twentyeight day plead not guilty as to the  assault imprison and detain in prison twentyeight day the defendant plead that  the borough of Devizes be a ancient borough and on the that of may at a court  hold for the say borough within the jurisdiction of the say borough before the  mayor recorder and three councillor of the say borough by virtue of letter  patent of king Charles the second date the that of June in the that year of  his reign James batten levy a plaint against the plaintiff of a plea of  trespass on the case to his damage of and pray process and thereupon at the  same court a precept issue to the bailiff and sergeant at mace of the court  command they to take the plaintiff and to have his body before the mayor  recorder and three councillor at a court to be hold on Friday the that of June  next which precept on the that of may comens aforesaid be by William Salmond  attorney of the plaintiff James batten in the say suit and at the request of  James batten deliver to James William and James Parker two of the defendant  who with the other defendant Robert sloper arrest the plaintiff and detain he  for the say twentyeight day till at the court on the that of June follow hold  before the mayor and three councillor by virtue of the say letter patent they  return the precept duly execute which be the same assault c to which plea the  plaintiff demurrer and the defendant join in demurrer and for the plaintiff it  be insist that this plea be ill for first it do not show that the matter for  which this precept be levy be within the jurisdiction of the court and  although the officer it be determine in the case of Higginson v Sheif report  above p may be excuse who be bind to obey the precept although the matter be  not allege to be within the jurisdiction lev yet the plaintiff in the action  and sloper who be a stranger ought to show it lev vent Mod Freem S c a and if  the plea be ill as to one defendant it be so to all if they join in plead and  so it be hold in the case between Richard and bowler W m and by the court the  plea be ill for that cause and be so determine in this court Tr Geo and in the  case of Gwyn and pool Lut the reason be first that the plaintiff may not know  the extent of the jurisdiction but it be his default to sue where he know not  the jurisdiction when be may sue in court above second the defendant may plead  to the jurisdiction of the court but that be not a adequate remedy and then  this plea be likewise ill because it do not appear that the comens court of  Devizes have jurisdiction in personal action and this ishad even in respect to  the officer for it must have be show that the justice of the peace have  authority in the matter three there be a capias although no summons or precept  vent judgement be give for the plaintiff it be lie down in the case of  Truscott v carpenter report in ld raym that neither the officer nor the party  be bind to take notice whether the cause of action arise out of the  jurisdiction of the court for if the cause of action arise out of the  jurisdiction of the court the defendant in the inferior court ought to plead  it and if he do not the affair of the jurisdiction be over and be shall not  take advantage of it in any collateral action against the plaintiff or the  officer who execute the process comens er p that a officer be Chargeable for  the escape of a person where the action arise out of the jurisdiction of the  court by who process he be take