argar against Holdsworth arch court rd session easter term April that a  clergyman may be prosecute by any one for neglect of his clerical duty a  licence from the ordinary be a legal authority to a clergyman to solemnize a  marriage but if a clergyman suspect fraud delay may be justifiable for the  sake of inquiry refer to Reg v bishop of Oxford Q b d king v Dibdin p appeal  from Exeter dr Simpson for argar William argar promote article in the court of  the archdeacon of totness against Henry Holdsworth vicar of saint saviour in  Dartmouth for neglect or refuse to solemnize marriage between the say argar  and jane how both of the parish of saint saviour and have a licence to be  marry from the chancellor of Exeter on that September the article be admit at  totness plead saint that Holdsworth be a clerk and vicar of saint saviour in  Dartmouth and that by canon c every minister be to obey his ordinarys licence  c d that every minister be oblige by law to marry such of his parishioner as  have reside a month in his parish that the party name in the licence be his  parishioner and have reside a month and have obtain a licence to be marry  together that that argar have a proper licence to marry how and acquaint  Holdsworth therewith and desire he to marry they but he refuse that that he  have thereby incur ecclesiastical censure that that he be subject to the lee  jurisdiction of the court at totness that pray he may be censure c from admit  these article Holdsworth appeal to the chancellor of Exeter on that march the  chancellor pronounce for the appeal for admit the rd and that article as not  concludent c and reject say article but admit the rest and retain the cause  with cost argar appeal to the arch from reject the three and four article and  retain the cause and condemning he in cost and Holdsworth do not adhere to the  appeal dr bettesworth for Holdsworth say that argar shall have bring a suit at  law for damage or if any suit lie in the spiritual court it shall have be  bring before the chancellor of Exeter who grant the licence that the licence  be not exhibit without which the article be not concludent that a minister be  not oblige by law to marry by licence but be only permit so to do and if he  have reason to think it be fraudulent obtain he ought to refuse to marry in  consequence of it which be the case with Holdsworth and therefore the judge  ought to have reject all the article judgment sir George lee I say that  possible argar may have a action for damage but nevertheless the clergyman may  be prosecute by any one for neglect of his clerical duty that the suit for  such neglect may be bring in order to his be admonish or suspend in the  archdeacon court notwithstanding the licence be grant by the chancellor that  the licence may be exhibit at any lee time before conclusion of the cause that  I be of opinion a licence be a legal authority for marriage and that a  minister be guilty of a breach of his duty who shall refuse to marry pursuant  to a proper licence from his ordinary if Holdsworth have reason to believe the  licence be obtain fraudulent and only delay to gain time for inquiry that will  be proper matter for his defence but sure the chancellor have act strange in  reject the article which alone plead the fact relative to this cause and admit  those article which plead only the general law I therefore pronounce for the  appeal and remit the cause to the archdeacon court at totness and condemned  Holdsworth in cost