case the king against OXENDEN a proctor in doctor be Commons who receive a  cause without the advice of a advocate or who refuse to pay his due to the  society may be deny audience and can only appeal to the archbishop of  Canterbury or during the vacancy of the fee to the dean and chapter of that  cathedral as visitor of the court of the arch to be restore for he can have a  mandamus at commonlaw SC ante SC lev SC holt SC Mod SC Carth SC skin SC salk  mandamus to restore lee to the office of proctor in the arch they return that  the court of Canterbury of the arch London be a ancient ecclesiastical court g  vide ante page note b h a corporate office do not become Self facto vacant by  the nonresidence of a corporator it may be a forfeiture but the corporator do  not lose his franchise till a sentence of amotion have be pronounce king v  heaven term Rep I see Cowp king the peremptory mandamus be deny Eyre Gregory  and dolbin justice be of opinion that there be a good cause of removal return  videlicet his own removal with his family to live at Topsham but holt chief  justice although he agree that frequent absence or desertion from the city be  a good cause of amotion be of opinion that the peremptory mandamus ought to go  because he have be remove without be summon see post shower KB er p and the  supreme consistory of the archbishop fee that the archbishop for the time be  time out of mind have and use to have the government and regulation of the  judge advocate proctor and other officer and minister of that court and from  time to time have make statute and ordinance for their better government as  often as need require that every person admit to be a proctor in that court  take a oath before the judge of that court to observe the statute and  ordinance of that court that lee take that oath that a ordinance be make by  archbishop arundel that no proctor shall receive any cause without counsel of  some advocate subpoena remotionis that the say court and other court be hold  in in hospitality call doctor be Commons in which the judge and diverse  advocate proctor and other officer attend that court do reside that the public  charge and expense of the say house be bear by the say person and therefore  they have usual shower KB make rate for the same that lee refuse to pay ten  shilling rate upon he that he as proctor do receive a cause without advice of  a advocate and for that cause he be deny audience that the archbishop for the  time be and in vacancy of the fee the dean and chapter of the cathedral church  of Canterbury guardian of the spirituality time out of mind be visitor of the  say court of the arch and have hear and determine all appeal and complaint of  all proctor and other officer of the say court of the arch and the same have  reform all grievance commit by the judge of the say court of the arch upon the  proctor or other officer undue inflict that the dean and chapter be at the  time of deny audience to the say lee and ever since guardian of the  spirituality and have full power and authority to hear and determine all such  complaint that lee have neither submit himself to that court nor appeal to the  say c Mr dolbin argue for lee that the return be insufficient that it do not  say that at the time of the tax lee be a member of the society and no just  power set forth to impose such tax nor be the nonpayment of such a sum any  misbehaviour in his office as to the objection that the archbishop be a  visitor it seem hard what be mean by a visitor of a court if they mean of  doctor be Commons that be a voluntary society and of that there can be no  visitor it be not like a college where the founder appoint a visitor in  voluntary society there be no founder but consent if they mean it only as to  the arch that the archbishop have superintendency of the judicial act of the  court can there be a visitor of a court it must be a court that control only  and examine error a visitor belong ad loca pia if they mean any thing it must  be a superiority of court now if the arch be as the return say the Supreme  court of that see how can the archbishop be superior to it it be impossible it  shall be as they say for if he have the original jurisdiction he can have it  by way of appeal now by this return it appear that the archbishop have the  government of the proctor and consequent a original and primary power and  consequent can have it upon appeal the very name and nature of the court  import it to be the archbishop court and he to be judge thereof for it be to  receive and determine appeal from the bishop in their province the meaning of  the statute Henry c which restrain citation out of the diocese be that the  dean of the arch be but the archbishop substitute as in trollop case   a the  act of the commissary be the act of the bishop here lee be remove by the  archbishop himself there be a prohibition shower KB grant to a suit there at  the instance of archbishop Sheldens executor for a legacy give to the  successor of book because the archbishop be judge himself and may sit when he  please Treby attorney general e contra No mandamus do lie these be not very  ancient I think bag be case b be the foundation of they all c they shall issue  in all case that concern the public administration of justice but they have  descend too low even to clerk of parish but therein the judge have not general  agree the proctor business be only in the spiritual court you take notice of  it so far as to inquire into the bind of their jurisdiction but you never  inquire into what they do among themselves it do not appear judicial to your  lordship whether a see Henry c S dyer Mod b but see lev palm dyer skin Bac Abr  c   roll Rep shower KB er p he have a estate at will or freehold or other fix  estate then for the matter of the return call the archbishop visitor or what  you will we have declare his authority let his name be otherwise here be a  person that have authority to examine and redress upon appeal in all time the  proctor have be govern by the archbishop a mandamus be a extraordinary remedy  and not to be grant where there be any other remedy and we have show another  way for relief this matter be most proper to be determine by they in their own  court but the court think it a idle return that it be the archbishop court and  he no visitor but only doubt if a mandamus lie and therefore order another  argument as to that point d