case jones against gegg prohibition to a suit in the spiritual court against a  clergyman for non residence and keep a grammarschool without licence libel in  the spiritual court against gegg as parson of a parish in Gloucestershire set  forth several canon whereby the clergy be require to be resident upon their  cure to read prayer on Wednesday Friday and holiday that the defendant reside  at Gloucester and not upon his live that be teach a grammarschool at  Gloucester without licence from the bishop and that he continue to neglect his  duty and teach school without licence though admonish by the bishop modern the  counsel for a prohibition suggest the statute nonresidence and against teach  school without licence and that gegg bad a freehold in his school and in right  of that a stall in the church of Gloucester where he be resident and ought not  to be seize of his freehold and cite salk vent Coree v pepper lev it be argue  that the spiritual court ought never to proceed in any case where the answer  to the libel will subject the party to a temporal penalty as it will do here  without residence it be argue against a prohibition that the spiritual court  bad a general jurisdiction modern er p over clergyman and particular as to  their residence and duty that the statute of Henry the eight be to prevent  dilapidation and do not take away the jurisdiction of the ordinary lee chief  justice the teach school without licence be now make a temporal offence and a  penalty give for do it so it seem the spiritual court have now no jurisdiction  of this offence see Chedwick v Hugh Carth hill v boomer Jones side and master  of grammarschools must be licence by the ordinary who may examine the party  apply for a licence as to his learning morality and religion king v archbishop  of York term Rep and may take a reasonable time to inquire whether he be  proper qualify king v bishop of Litchfield stram comy Rep ante a as to the  nonresidence it be a question of too great consequence to be determine upon  motion Mr gegg be a clergyman yet as there be a penalty annex to nonresidence  and no save of the ecclesiastical jurisdiction it deserve well to be consider  whether it be not extinguish so a prohibition be grant to the whole that the  plaintiff may declare