coke PARISHCLERK pasch James in the common plea the office of parish clerk be  mere temporal and where by custom he be elect by the parishioner if the parson  proceed in the ecclesiastical court to deprive he a prohibition will be grant  see Gibson I S cod salk roll Rep canon see Fitzherbert and to black command  burn e l parishclerk prohibition the parishioner of saint alphage in  Canterbury by custom ought to choose the parish clerk who they choose accord  the parson of the parish by colour of a new canon make at the convocation in  the year of the king that now be which be not of force to take away any custom  draw the clerk before doctor Newman official of the archbishop of Canterbury  to deprive he upon the point of the right of election and for other cause and  upon that it be move at the bar to have a prohibition and upon the bear of  doctor Newman himself and his counsel a prohibition be grant by the whole  court because the party choose be a mere temporal man a and the mean of choose  of he sure the custom be mere temporal so as the official can deprive he but  upon occasion the parishioner may displace he and this office be like to the  office of a churchwarden who although b so also a bailee may maintain a action  upon the case for the same possession which will enable the plaintiff to  maintain trespass will enable he to maintain this action a liability over be  sufficient to enable a gratuitous bailee to maintain such action booth v  Wilson I barn and Ald a Acc king v Wamen Cowp coke report er p they be choose  for two year yet for cause they the parishioner may displace they a as it be  hold in h and although that the execution of the office concern divine service  yet the office itself be mere temporal see e annuity he who be clerk of a  parish be removable by the parishioner see e a gift in tail be make of the  sergeant or clerkship of the church of Lincoln and there adjudge that the  office be temporal and shall not be try in the ecclesiastical court but in the  king court and it be to be know that the deprivation of a man of a temporal  office or place be a temporal thing upon which no appeal lie by the statute of  h but a assize as in Elizabeth dyer the precedent of Magdalen college in  Oxford be deprive by the bishop f Winchester their visitor he shall not have a  appeal to the delegate for the deprivation be temporal and not spiritual but  he may have a assize and therewith agree the book of ass Siracses case but if  a dean of a cathedral church of the patronage of the king be deprive before  the commissioner of the king he may appeal to the delegate without the say Act  of h for a deanery be a spiritual promotion and not temporal and before the  say Act in such case the appeal be to Rome immediate