case the king against morgan rice a return to a mandamus to swear in a  churchwarden that he be a poor dairyman and unfit for the office be bad for  the parishioner be the proper judge whether the person they elect be fit for  the office S c Mod S c salk S c comb S c Carth S c Sett Rem S c ld ray  mandamus to a archdeacon to swear the defendant churchwarden of a parish set  forth that the custom of the place be to choose handy et fit mask to bear the  office of churchwarden that the defendant be in court and choose but refuse by  the archdeacon c who return that the defendant be a poor dairyman et minus  handy to be a churchwarden exception be take to this return that it do not  appear that there be any other man in the parish beside the defendant who be  fit to execute this office modern the archdeacon have not a authority to  refuse a churchwarden be choose for if such power shall be allow the custom of  choose he will be quite overthrow the parishioner be the proper judge of his  qualification and the archdeacon have no more to do than to administer the  oath and admit the person choose and be no more a judge in this case than he  be of a executor or administrator the party refuse can bring a action upon  this return to try the right for to modern er p say non to be pauper lactarius  will be very uncertain because he may be poor in several respect and yet not  be thereby disable to bold this office e contra the question be whether the  person who by law be to administer the oath of office have any power to judge  of the ability of the person choose to such office the office be spiritual  therefore the ecclesiastical court be not only to swear he but be likewise to  judge of his ability he be present to they for that purpose they have a formal  proceed to examine his sufficiency and their determination that he be minus  handy must always be allow where they have any jurisdiction of the cause a  churchwarden be a office of trust he be make overseer of the poor by the  statute of Elizabeth c without any election he be Accountable to the  parishioner at the expiration of his office and therefore care ought to be  take that he shall be handy et fit mask but the court be of opinion that a  churchwarden be a temporal officer that he be a corporation for action be  bring in his name and likewise against he by his successor to recover a  account he be then a temporal officer roll Rep hard a and have a temporal  trust repose in he and there be a custom for the parishioner to choose he it  be the duty of the archdeacon to swear he when choose without inquire into his  ability for why shall he be judge of that rather than those who be most  concern in interest which be the parishioner and it be not to be presume that  the archdeacon will take more care to put a fit and able person into this  office than they in who power it be to choose he and for this reason the  peremptory mandamus be grant