case the king against hill a master of a grammarschool must be licence by the  ordinary a writ of excommunicate to take in hand issue out against he and the  significavit on which it be ground and which be recite in the writ allege the  cause of excommunication to have be for nonpayment of cost assess against he  in the spiritual court in in pain bringing up et instructionis a male child  without licence without show what kind of education or instruction it be and  modern report here it be doubt whether teach even a grammarschool without  licence be punishable in the spiritual court especial since car c and other  statute inflict the penalty of forty shilling a month on such offender whereby  it be now make a temporal offence vide keb holt chief justice if there be a  canon prohibitory of this matter before the Henry c it be now confirm by that  statute and there be a canon of queen Elizabeth de ludimagistris and without  doubt schoolmaster be in a great measure entrust with the instruction of youth  in principle and therefore it be necessary they shall be of sound doctrine and  in order thereunto subject to the regulation of a this be at nisi prius before  holt chief justice a but see whether c bank of England v Newman ld ray hankey  v Trotman black Rep tassel v Lewis ld ray more v warren stram tinner v mead  stram Manwaring v Harrison stram Hayward v bank of England stram hoar v dam  Costa stram east India company v city stram Fletcher v Sandys stram Metcalfe v  hall bull n p Appleton v Sweetapple Bayley on bill Tindal v brown term Rep and  kid on bill to contra modern report er p the ordinary but prohibition have  deserve go to stop proceed for teach school without licence because it be a  point never yet determine a but the main point go upon be whether there be  cause good enough express in the writ to give they jurisdiction of the  defendant in the suit in which he be condemned and it be urge that the  jurisdiction they will set up in a causan bringing up et instructionis a male  child be absurd without mention the species of education and instruction for  this may be in dance fence or teach a trade music navigation c so that though  a jurisdiction be grant they over schoolmaster yet there be no colour for such  a general jurisdiction and though it may be object the court will give credit  to they yet that be only where they have give themselves jurisdiction the  court will intend they will do justice but it can be intend where they have  not give themselves jurisdiction and so it be resolve by the court for a  capias excommunicate be not returnable before Elizabeth c which direct it to  be make returnable in this court and that the delivery of it to the sheriff be  enter on the roll here and the make it returnable be what give we jurisdiction  and this must be in all case of excommunicate to take in hand for there be  nine cause in which there ought to go a alias and pluries and the party if he  do not come in within six day after proclamation thereon be to forfeit ten  pound the first time twenty pound the second and so on and that the court may  know whether it be for any of these nine cause the cause ought to be set forth  in certain and it be the design of the statute that the cause shall be set out  in the writ and the writ do use to recite the cause even before the statute  and then if the cause modern report express be insufficient the way be to go  to chancery and to have a supersedeas of the capias excommunicator but that  can be do now the writ be returnable here and they have nothing to do to  supersede a writ returnable into another court vide n b e cro trollop case so  that now this court be sole judge of the writ and the sufficiency thereof  since the statute and if the writ do not show a good cause we have no power to  proceed upon it and therefore if the cause be uncertain as here it be it ought  to be quash and holt chief justice say he have acquaint the bishop with the  matter wish they to be more concise in their significavits or else they can  not have the aid of this court et per curian the writ be quash and a  supersedeas award