Bewick and Twisden mich Ann a libel in the spiritual court against a parson of  a donative for preach without licence and for a prohibition it be suggest that  it be a donative which be exempt from all ordinary and archiepiscopal  jurisdiction and that whether Thornton be seize thereof in fee and that they  who estate she have have time out of mind have use to grant that donative to  any person for life at their free will and pleasure without institution and  induction and that the chancellor of the bishop of Durham prosecute the parson  in his court for preach without licence Montague No man can preach in a  donative if he have not the bishop licence the seize of the donative be not  lie to be by grant or by prescription for it be say that prima fundatione ind  she be seize of this chapel so that this be a sort of prescription fromthe  foundation Eyre contra they can proceed in that court to deprive a man in such  case as this holt KB the libel charge the chaplain for officiate on this  donative without a licence from the ordinary now a licence from he be not  absolute necessary though it be from the archbishop of the province and it do  not appear by the libel but that he may have have a licence from the  archbishop it be sufficient to have a licence from the university or from any  bishop as well as that particular ordinary the statute say that be that preach  without licence shall be send to gaol by two justice and it be a certain rule  that when a statute give a particular penalty and point out a particular way  to recover it the proceed can be by way of indictment nor can the spiritual  court have any conusance of it Parker As to the statute of uniformity there be  a formal punishment but the spiritual court be to stop he from preach but not  to punish he with a temporal punishment Eyre licence be only for lecturer and  institution and induction for parson be sufficient without licence if he be  licence to preach general that give he liberty to preach any where holt c j I  doubt that the ordinary in this case can proceed to punish he for preach  without a licence but he may proceed to cite he to convict he for so do Parker  in case of a donative the ordinary may compel the patron to put in a clerk  holt c j he can vide   Litt if he preach any thing against the doctrine of the  church or marry without licence the ordinary may proceed to punish he a  prohibition grant as to the suspension and the spiritual censure and put he  out of possession but not as to certify to the justice for preach without  licence