burrow king versus BLOOER wednes that June vide post durn durn mandamus lie to  restore a curate to a chapel be a donative endow wit land Mr Norton and Mr  Madocks show cause against the issue of a mandamus which have be pray to be  direct to one Samuel Blooer a parishioner of Matfield in Staffordshire and a  inhabitant of the chapelry of Calton within that parish who have turn Mr  William Langley the curate of that chapel out of it after he have be eleven  week in possession and lock it up command he to restore the say William  Langley clerk to the place and office of curate of the say chapel this chapel  be a donative and be endow with land and the inhabitant of four different  parish contribute to the repair of it the curate of it have a stipend Mr Evans  the vicar of Matfield swear in his affidavit that he believe he have a right  of nomination to it and that it have be execute and that Mr Langley be appoint  and nominate by he but there be contrary affidavit wherein the deponent V sect  b that be not in this case as it do in some as in the common case of  certiorari to remove a order of session make on appeal from a order of removal  c   b Mod salk hawk p c durn d see comy keb pl ld raym Siderf pl durn burrow  er p swear that they believe the right of nomination to be in the inhabitant  it appear that Mr Langley have a licence the two gentleman before mention who  be counsel for the parishioner and against the mandamus argue that this chapel  appear to be a donative and as the particular nature of it be not state it  must be consider as only a private chapel and not as a public office and  consequent no mandamus will lie beside the right of nomination be not  establish the vicar only swear that he believe he have right of the nomination  which be contradict by the adverse affidavit and if it be not yet a vicar have  nothing to do with a donative they mention Prescot case the chaplain of  Manchester college report in strange by the name of dominus king v bishop  Chester but there they say be letter patent that college be of the foundation  of the crown the ground of the court be interpose in that case be because  there be no other remedy this man may have another remedy he may bring a  ejectment for the farm which he say belong to he as curate of this chapel or  he may have his action of trespass every vicar may as well come for a mandamus  to be restore as this man burrow Mr Morton and Mr Aston argue for a mandamus  and urge that this be a office or degree that concern the public weal and  therefore a mandamus will lie to restore to it upon the principle lie down by  chief justice Glynn in the case of the clerk of the city work of London  siderfin who say that a mandamus shall be grant in these two case first to  restore to a office which concern the execution of justice second if the  office or degree be for the weal public a mandamus will lie to restore even a  sexton raym isle case sexton of Kingsclere and lev SC king v churchwarden of  Kingsclere so it will to restore a parishclerk Mod Parker v clerk and sure a  curate of a chapel with a stipend be more a public officer than a parishclerk  or sexton be non constat that this be a donative but if it be yet no licence  be necessary in case of a donative though in the case of a perpetual curacy it  be necessary and it be no objection to say that we have another remedy if we  be entitle to this the counsel on the other side against the mandamus observe  that parishclerk and sexton be temporal officer whereas this be ecclesiastical  and a vicar or rector may just as well apply for a mandamus as the chaplain of  a donative the court propose to the party to try the merit in a feign issue  which be decline on the part of Blooer who insist on take the opinion of the  court whether the rule ought not to be discharge ford MansfieldThis be a mere  temporal question three objection have be offer against make the rule absolute  the first be that there be no sufficient ground for ask a mandamus answer but  this chaplain have show a appointment and a licence and be in quiet possession  for eleven week d objection that he have not the right for the nomination be  not in the vicar but in the inhabitant burrow answer we can not try the merit  upon affidavit he claim a right though it be litigate and that be sufficient  for the present purpose d objection that even suppose he to have a title and  to have be in possession and turn out of it yet he ought not to be assist by  way of mandamus but be leave to his ordinary legal remedy by ejectment or a  action of trespass answer a mandamus to restore be the true specific remedy  where a person be wrongful dispossess of any office or function which draw  after it temporal right in all case where the establish course of law have not  provide a specific remedy by another form of proceed which be the case with  regard to rectory and vicarages here be land annex to this chapel which belong  to the chaplain in respect of his function if the bishop have refuse without  cause to licence he he may have have a mandamus to compel the ordinary to  grant he a licence he be now turn out of the chapel and every thing belong  thereto by force such chapel be not burrow er p object of attention in the day  when the register be form and therefore there be no particular remedy provide  for this case it be say he may bring a ejectment or a action of trespass I be  not sure that he can it do not appear that the legal property be in he on the  contrary it be certain that it be not it may original be in feoff those feoff  may not have be regular continue it may be impossible to find the heir of the  survivor if they have be continue the present feoff may refuse to let Mr  Langley make use of their name neither of these action if he can bring they  will be a specific remedy in the one he may recover damage in the other he may  recover the land but by neither will he be restore to his pulpit and quiet in  the exercise of his function and office we may very well take notice too that  the inhabitant refuse to try the merit in a issue if a mandamus go we shall  see what return they make to it and this be what ought to be do in the present  case Mr just denison concur where there be a temporal right the court will  assist by way of mandamus because it be a specific remedy rule make absolute  for grant a mandamus burrow No return be make but the party agree to try the  merit in a feign issue which be accord try NoteUpon this case be afterward  mention the court take occasion to say that they have reconsider the point and  weigh all the principle and authority applicable to it and be full satisfy  that the proper and most effectual method of try the right to officiate in  such chapel whether it depend upon nomination or election be by mandamus