Carthew lee S case Mod SC lev mandamus will not lie to restore a proctor to  his office Skinner S c show SC vide side the case of the steward of the  CityWorks   a I roll Abr Jones Kep roll Rep Rep Trollop S case Trem lee one of  the proctor of doctor Commons move for a mandamus to restore he to his office  of proctor suggest that the dean of the arch have make a order to bar he from  practice there until he submit to such a assessment which be suggest to be  unreasonable and until far order c and the mandamus be grant de bene be only  and thereupon it be return that the doctor and proctor be a voluntary society  c and that the archbishop of Canterbury bad use to visit they and to redress  all gravamina arise among they by way of appeal and that they use to assess  all the doctor and proctor towards common charge and that lee be assess S to a  common charge which he refuse to pay and moreover that such a archbishop make  a order that no proctor shall commence a suit until after he have consult a  doctor and that lee commence such a suit c without advice per quod c and it be  argue that a mandamus must necessary lie in this case otherwise the party  grieve will be without remedy for that no assize will lie of this office and  it may be a question whether a action on the case will lie but admit that it  will yet it may be defective because a jury may not well compute the damage in  proportion to the loss of a man S livelihood a mandamus will lie in this case  as well as for a attorney of a inferior court because this be a officer of a  more public concern as to the visitor this absurd to say that the archbishop  be visitor of his own court for the dean of the arch be but the archbishop S  deputy and therefore lee can appeal because that will be to appeal from the  archbishop to the archbishop or at least from the deputy to the principal it  be argue for the doctor that the archbishop bad only the constitution of the  dean of the arch but that the dean be not his deputy nor can the archbishop  sit there or turn he out this like the rector of a college in the university  who be always constitute by the visitor but when he be once in he be not a  deputy but Carthew have a distinct authority and a appeal lie from he to the  visitor after debate the court seem to incline that a mandamus will lie in  this case as well as for a attorney but that which be most doubt be concern  the visitor for they agree that if lee may proper appeal to the archbishop as  visitor then be can have no remedy in this court afterward in trinityterm year  will this case be argue again and then the court agree that no appeal can be  make from the dean of the arch to the archbishop because it be one and the  same but yet no mandamus will lie because this be a ecclesiastical office and  a matter proper and only cognisable in that court and that the temporal court  be not to intermeddle or inquire into this sentence or into the proceed in any  matter whereof they have a proper jurisdiction but be to give credit thereunto  quod notam