case the king and queen against crying Euhan a mandamus lie to restore a clerk  of the peace improper remove by the session under will mary c S c show SC Mod  the custos rotulorum of a county be displace and another constitute in his  room to who the defendant be clerk of the peace refuse to deliver the roll he  be indict for this misbehaviour and find guilty and thereupon be remove from  his office he now bring a mandamus to be restore and all this matter be return  a motion be make to maintain this return and it be say that a clerk of the  peace be a ministerial officer to the custos and modern er p ought to deliver  the roll to he at the end of every session it be true he have a more fix  estate in his office than the custos have but still he be but his deputy and  be to be remove by a charge exhibit to the justice in write modern the chief  justice the clerk of the peace ought to make out all the process which can be  do without the roll when they be complete then he must deliver they to the  custos but as long as they be in process they be to be with the clerk of the  peace and therefore it seem reasonable that the defendant shall be restore but  three judge be of a contrary opinion by the statute will mary c it be enact  that if any clerk of the peace shall misdemean himself in the execution of his  office and thereupon a complaint and charge in write of such misdemeanour  shall be exhibit against he to the justice in their general quarter session  they may upon examination and due proof suspend or discharge he from his say  office it appear by the report of this case by sir b shower that Evans have be  remove by a order of session under this statute and that the court grant a  peremptory mandamus to restore he to his office because it only appear on the  return to the mandamus that article have be exhibit against he and not a  complaint and charge in write pursuant to the statute S c show and it seem by  S c Mod as well as by the principal case that if on a formal complaint the  session remove a clerk of the peace without cause the court of king bench will  restore he a trinity term the three of William and mary in the king and queen  bench sir John holt Knt chief justice sir William dolben Knt sir William  Gregory Knt sir Giles eyres Knt justice sir George Treby Knt attorneygeneral  sir John summer Knt solicitor general