case Cox case Lord keeper wright salk the same point argue but no resolution  the spiritual court have jurisdiction of grammar school but in case of a libel  for teach school general without save what school the temporal court will  grant a prohibition vide king v bp of Lichfield stram king v abp of York t Cox  be libel against in the spiritual court at Exeter for teach school without  licence from the bishop see saint g c S and on the of December last on my  motion before the then lord chancellor a order be make that cause shall be  show on the first day of the term then next follow why a prohibition shall not  go and that in the mean time all thing shall stay which order have be from  time to time enlarge to this day and now the attorney general and dr Waller  move to discharge the say order allege that before the reformation this be  certain of ecclesiastical jurisdiction and in proof of it they cite the that  canon of the council of lateran hold year decree title cap which canon as well  as that for make tithe parochial have be receive by custom into this kingdom  and so make part of our ecclesiastical law that the saint of Elizabeth cap  have restore the spiritual jurisdiction to the crown which have be usurp by  the peer William pope immediate thereupon the queen set forth ecclesiastical  injunction see sparrow collection the that whereof be that no man shall take  upon himself to teach school but such as be allow by the ordinary the make of  which injunction by the ecclesiastical power of the crown show they to be of a  ecclesiastical nature and consequent cognisable in the spiritual court that it  must be admit these injunction be not confirm b any act of parliament but  their be refer to and mention in Elizabeth cap be a argument that the  legislature do approve of they that in the that year of that queen the say  injunction and among they this against teach school without a licence from the  ordinary be by the convocation then sit turn into canon that afterward the d  of Elizabeth cap be the first statute that prohibit it since which two other  have follow I James cap pound car c but none of they tend peer William er p to  destroy the ecclesiastical jurisdiction only by make the offence punishable in  both court give a remedy where there be none before that in the James the  convocation meet which reduce all the canon into one body and then particular  make this canon that none shall teach school without licence from the ordinary  and though it may be difficult to prove that these canon be direct confirm by  act of parliament yet there be a sort of confirmation of they in James cap for  the sound and incorporate a free grammar school at NorthLeech in the county of  Gloucester whereby the provost and scholar of queen peer William college in  Oxford be to nominate the schoolmaster and usher of the say school and to make  such ordinance for the government thereof as they shall deem meet so that the  same be not repugnant to the king prerogative to the law and statute of the  realm or to any ecclesiastical canon or constitution of the church of England  but on the other side it be answer that there can not be one canon or  precedent before the reformation cite to prove the keep of school to be of  ecclesiastical cognizance for that suppose the council of lateran to have be  in every part thereof receive in England yet the canon cite do not prove the  point for which it have be produce that canon only appoint schoolmaster in  every cathedral church and such schoolmaster to be licence by the bishop which  be but reasonable videlicet that he who teach in the bishop church shall be  approve of by the bishop that the teach of school be not in the nature thereof  spiritual and it will be hard to affirm that it be of ecclesiastical  jurisdiction or cognisable by the old ecclesiastical law of the kingdom  receive by common use at the same time that not one single precedent of any  such law or usage before the reformation be to be find and that as to the  canon make since they do not bind a layman as Cox be suggest to be because the  laity be not represent in convocation and it be a fundamental maxim of our  government that what bind all must be assent to by all neither can a reference  to the canon in a private act of parliament add any great weight to they than  they have before that this be a case which deserve great consideration have  before be in the other court of westminsterhall peer William where several  prohibition have be grant on this very same point in order that it may receive  a judicial determination but the other side will never venture to go on as in  the case of Belcham versus Barnardiston in c b and in b b oldfield case mich W  I Chedwichs case mich I W Scorriers case Trin W and W one davison case salk  who be bring to the bar on a habeas corpus it appear thereon that he be commit  on a excommunicate to take in hand be excommunicate for teach school without  licence and the court hold it to be a doubtful point bail he during their  consideration thereof which practice of the other court in Westminsterhall  show it to be a matter not fit to be determine on a motion but in a judicial  way but suppose it to have be original a spiritual crime yet be how make a  temporal one by several act of parliament it be thereby draw from the  spiritual to the temporal jurisdiction Lord keeper both court may have a  concurrent jurisdiction and a crime may be punishable both in the one and the  other the canon of a convocation do not bind the laity without a act of  parliament but I always be and still be of opinion that keep of school be by  the old law of England of ecclesiastical cognizance and therefore let the  order for a prohibition be discharge vide Middleton v Crofts atk Str king v  abp of York t r whereupon I move that this libel be for teach school general  without show what school and court Christian can not have jurisdiction of  write school read school dance school c king v douse ld ray and see king v  Morpeth Str peer William to which the Lord keeper assent and thereupon grant a  prohibition as to the teach of all school except grammar school which he think  to be of ecclesiastical cognizance pasch hill I pound W where the chief  question be whether a schoolmaster may be prosecute in the ecclesiastical  court for not bring his scholar to church contrary to the that canon in and it  be the opinion of Treby c I and Powel I and the court that the schoolmaster be  a layman be not bind by the canon peer William er p peer William de term  paschae