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Pasch. 8 Jacobi. In Communi Ranco.
The Parishioners of St. Alphage in Canterbury, by Cu∣stome ought to choose the Parish-Clerk, whom they chose accordingly: The Parson, by colour of a new Canon, made at the Convocation in the Year of the King that now is (which is not of force to take away any Custome) drew the Clark before Dr. New∣man,
Officiall of the Arch-Bishop of Canterbury, to de∣prive him, upon the Point of right Election, and for other Causes: And upon that, it was moved at the Bar, to have a Prohibition: And upon hearing of Dr. Newman, and himself, and his Councel, a Prohibition was granted by the whole Court; because the Party chosen is a meer Temporal Man, And the means of choosing him, viz. the Custome is also meerly Temporal: So as the Offi∣cial cannot deprive him; but, upon occasion, the Parishi∣oners may displace him. And this Office is like that of a Church-Warden, who though they be chosen for two years; yet, for cause, they may displace them: as is held in 26 H. 8. 5. And though the Execution of the Office, concerneth Divine Service, yet the Office it self is meer Temporal. See 3 E. 3. Annuity 30. 18 E. 3. 27. And it is to be known, that the deprivation of a man of a Temporal Office or Place, is a Temporal Thing. Up∣on which no Appeal lyes by the 25 H. 8. but an As∣size, as in 4 Eliz. Dyer 209. And therewith agrees the Book, 8 Ass. Sirases Case. But if a Dean of a Cathedral Church, be deprived before the Commissio∣ners of the King, he may appeal to the Delegates with∣in the said Act, 25 H. 8. For a Deanery is a Spiritual Promotion, and not Temporal: And before that Act, in such Case, the Appeal was to Rome immediate∣ly.