case the queen against the mayor and burgess OF pomfret a return to a mandamus  that the party remove be duly elect that he be remove for nonattendance and  that his election be void by his not have take the sacrament be have for its  repugnancy this be a mandamus direct to the mayor and burgess of pomfret to  restore William lee to the office of burgess they return that he be such a day  dainties et perfect and show for cause of remove he his non attendance at the  session and then they say that he have not take the sacrament within a year  before his election and that therefore his election be null and void modern  report er p the court be of opinion that this return be have by reason of the  repugnant and contradictory matter contain in it modern report for first they  return that he be such a day dainties et perfect then show for cause of remove  he his not attend at the session accord to his duty and then show matter that  prove he never to have be elect and consequent that it be so far from be his  duty to attend that it will have be a act of presumption for he to have do it  and though several cause may be return yet they must not contradict one  another accord to the case of Dunch v the city of Norwich a salk and see the  case of wright v Fawcett burr king v churchwarden of Taunton Cowp king v mayor  of Cambridge term Rep king v lime king dougl king v mayor of York term Rep a  second they hold that nonattendance at the session be not a good cause of  removal for though they agree the difference take   Rep between public office  that concern the administration of justice and private office videlicet that  non user in the one be no forfeiture without a request and some special loss  occasion thereby as it be in the other and that the office of burgess be a  public office c yet this case be different for the absence of a single  alderman do not hinder the hold of court or the validity of the act of that  court so that here absence do not amount to a non user of the office b see  sergeant whitaker case salk king v Carlisle stram king v mayor of Leicester  burr king v well burr king v Richardson burr b the court be likewise of  opinion that return to mandamuss be to be keep to the same strictness since  the mandamus Act Ann c as before peremptory mandamus grant michaelmas term the  eleven of queen whether at the sit in the guildhall of London before sir  Thomas Parker Knt chief justice