case the dean and chapter OF westminster against dr herbert Qure whether the  spiritual court can proceed against a clergyman for perform divine service and  preach without a licence from the bishop comens sergeant show cause against a  prohibition be issue to stop the spiritual court from proceed on a libel  against dr Herbert for read prayer and perform divine service and preach  without have first obtain a licence from the ordinary of the place and he  contend that whether there be a canon or not for that purpose be proper for  the judgement of that court the statute of car c S do not interpose in this  case for it only restrain lecturer from preach without licence sergeant  Pengelly contra on this libel they endeavour to draw the right of donation  into question without have right say the libel to pray or ask a licence to  this he must show that he have a right to pray or ask a licence which will  draw the whole matter so that they thereby make themselves judge in their own  cause reeves on the same side it be a case within the Act of parliament which  extend to all person that preach c as well as to lecturer and the Act inflict  a penalty by which mean it take away the jurisdiction of the spiritual court a  Jones lev smith v clerk cro Elizabeth a they be attempt to punish we for not  take a licence from they to preach powys justice it be proper to be determine  on a declaration in prohibition Eyre justice of the same opinion for that it  have bear such a debate for we ought to grant a prohibition unless it appear  that modern report the ecclesiastical court have the jurisdiction I can find  anything of this kind lie claim to by a ordinary jurisdiction original it be a  trust lodge in the bishop if it be a doubtful question and not determine a  prohibition ought to go fortescue justice of the same opinion in their court  it be not incident to meddle with temporal affair but it be so to this court  to examine into spiritual matter that be mix with the temporal the court fiat  prohibition modern report hilary term the six of George the first in the king  bench sir John Pratt Knt chief justice sir Littleton powys Knt sir Robert Eyre  Knt sir John fortescue aland Kilt justice Nicholas Lechmere Esq  attorneygeneral sir William Thompson Knt solicitor general