1787-11-13 (static/transcriptions/1787/11/309.jpg)

or can’t reasonably appear, whether the cause arose out of their Jurisdiction, or not; for these I am of opinion that no Action will lie against them, unless they proceed after they are informed, or know that the cause of action arose out of their Jurisdiction. And this difference will distinguish this Case from all the former cases; for herein it appears that the subject matter is out of their Jurisdiction, or they may know it, if it be not their own fault; as in the case of the Marshalsea, which was a Court of the King’s Household whose names are all emoll’d, and if the Judge and Officer have not Copies of them, it is their own Fault; but in the case in question, the Court hath Jurisdiction of the Action, in as much as it is an Action of Debt; and that Action, being [Aransitory?] in its nature, arises in point of Law, in all places, because it is a debt in every place. It is sure that it arose not in Fact within the Jurisdiction of the Court which it ought to do, to entitle the Court to hold Plea thereof; but the Judge and Officer could not know it, unless by the Plaintiff or Defendant in the Action; and till they know it, the Rule shall be in this case as well as in others, ignorantia facti excusat.
True it is, if it appears by the Plaintiff’s Declaration that the cause of Action arose out of the
Jurisdiction