coke b williams case mich Elizabeth in the king bench No action on the case  lie against a parson bind to celebrate divine service c in a chapel within a  manor to the lord man to hold to be a servant nest for a breach of his duty  the proper remedy be to sue in the spiritual court but if the chapel have be  private only for the lord his servant and his family within the manor there  the lord and the lord only may have a action on the case No action lie for a  nuisance unless the person bring it have sustain some particular injury Salop  Cr Elizabeth roll Skinner Mod Thomas William Esq bring a action on the ease in  the king bench against Henry Jones clerk and declare whereas the say Henry be  vicar of Alderbury in comitat predict ought and be bind by himself or by  another chaplain to celebrate divine service at Wollaston in his chapel of  saint John within the scite and precinct of his manor of Wollaston aforesaid  and within the parish of Alderbury aforesaid there of ancient time build every  Sunday per annum and every feastday per annum before noon of the same day and  to administer the sacrament to the say Thomas man coke report a er p to hold  to be a servant nest infra prcinctum the same manor inhabitan command oran the  same hen that supplies a place all men prdecess Himself substitute church  paroch de AIderbury prd a tempore pron  interrog  opposite direction memory  man non step forth per he himself well what modi chaplain ad celebrand of a  god the condition of a slave in form preceding in capella prd ac sacrament  sacramentalia prfat Thom William antecessor nest ac omnibus strike against  quorum position idem Thomas modus to have ac man to be a servant to hold nest  infra dictum decree manor prd commorant per totan annum ministrand well to  manage annuatin to hold forth to hold up to become used predictu stamen Henry  Jones nunc that supplies a place ecclesico parochial de AIderbury prd per he  himself well hujusmodi chaplain prophet slavery in capella prd in form prd ac  ad sacrament sacramentalia eiden Thom ac man servient tenent nest ibidem in  form prd ministrand although scepius requisite per magnum time videlicet a  holiday Pentecost ultim prterit ante exhibition hujusmodi bill usque  exhibition hujusmodi bill to hold forth to hold up object unde to say quod  deterioratus be c and the coke a defendant plead not guilty and be find guilty  and after diverse motion in arrest of judgement and the matter well debate at  the bench at last it be resolve by Popham chief justice and the whole court  that in this case ail action on the case a keb   b Cr Elizabeth roll a do not  lie but the remedy which the plaintiff have be to sue in the spiritual court a  Acc Jones v stone Lord raym SC salk and Vid Clovell v cardinal side a but if  the chapel have be b roll light Rep b private only for himself and his servant  and family within the say manor there a private action on the case on the  prescription will be maintainable by the lord of the manor c for in such case  he himself only and none of his family shall have the action and although the  divine service be spiritual yet forasmuch as it do by prescription belong to a  private person and to be celebrate for his ease within his manor which shall  be intend to begin at first by grant therefore for the not do of this  spiritual service a action on the case lie and damage shall be recover for  they and therewith agree h in the prior of c h b a Fitzherbert action sur Le  case Br action sur Le case Br jurisdiction c wooburn case but when the chapel  be not d roll light Rep d private to he and his family but public and common  to all side his tenant of the same manor which may be many and of great number  there no action on the case lie for the lord for then every of his tenant may  also have his action on the case as well as the lord himself and so infinite  action for one default et e   b   a e good judge be light to take apart f   b  b   a   b   light a Inst   a Bulstr hard godb f expedit reipublic ut sit Finis  a strife near common feature all usefulness and yet they shall not be without  remedy in such case for as it have be say they may and ought to sue for such  default in the g light sec   light a Br action sur Le case g spiritual court  and there it shall be redress and herewith agree light lib cap frankalmoigne b  vide roll Rep Br action sur Le case Br chimin Br nuisance   b h a a man shall  not have a action on the case for a nuisance do h   light b roll Cr Elizabeth  Jones more   a show Mod salk comb h in the highway for it be a common nuisance  and then it be not reasonable that a particular person shall have the action  for by the same reason that one person may have a action for it by the same  reason every one may have a action and then he will be punish time for one and  the same cause but if any a   light a Cr Elizabeth Cr James Noy more   a  postea b roll Rep Br action a particular person afterward by the nuisance do  have more particular damage than any other there for that particular coke  report b er p injury he shall have a particular action on the case b provide  there have be no want of ordinary care on the part of the plaintiff therefore  a person who be injure by a obstruction in a highway against which he fall can  maintain a action if it appear that he be ride with great violence and want of  ordinary care without which he mighthave see and avoid the obstruction and per  Lord Ellenborough two thing must concur to support this action a obstruction  in the road by the fault of the defendant and no want of ordinary care to  avoid it on the part of the plaintiff Butterfield v forester east Vid flower v  Adam taunt if a direct particular damage be sustain it seem that the exility  of the injury be no objection to the action pindar v Wadsworth east Vid rise v  ale m S tiv as when this action will lie and when not Com dig action on the  case a b to b action on the case for a nuisance ac Bac ab action on the case g  nuisance d vin ab action n b and post mary case   b and for common nuisance  which be equal to all the king liege people the commonlaw have appoint other  court for the correction and reform of they sure tourns leet c b Cr car Br  action sur Le case Br nuisance   b b e b send for Pid e a see also salk Mod c  ib