case the king against crying Euhan if the session discharge the clerk of the  peace under will and mary c without a charge be make in write and exhibit  against he the court will grant a mandamus to restore he SC holt SC Mod SC Mod  mandamus to restore he to the office of clerk of the peace a for the county of  Denbigh return that he be make clerk of the peace by a b custos that he be  remove that a new custos be constitute that he refuse to deliver the roll to  the say custos that article be exhibit against he in session that he there  also refuse that thereon he be remove by order of the justice accord to the  statute of will and mary c sir William William move diverse exception that the  first refusal the second of may be pardon and for that he can not be remove  that for the last nay for neither of they be there any article or complaint in  write accord to the tenor of the say Act Pemberton sergeant answer nothing as  to the pardon but urge that the word article do ex way termini import a write  but the court e contra nothing be to be intend in a return to a mandamus and  holt chief justice declare that the justice can discharge no clerk of the  peace for a see the case of chamberlain v newte brown p c b SC Mod say the  prohibition be grant but SC that the party be order to declare in prohibition  in order that the doubt of the court whether the tithe of a titheable mill  ought to be personal or praedial it do not appear whether any thing far be do  but see chamberlain and Plympton v newte viner Abr Eq Abr and brown parliament  case where upon appeal to the house of lord and after reference to the twelve  judge it be determine that a mill for grind corn by horse shall pay tithe in  the nature of personal tithe only that be to say not the value of the ten  tolldish but a ten part of the clear profit arise from corn ground in the mill  over and above all incident charge see also the S p adjudge in the case of  Donalt v Lowther bar king b a Com dig mandamus a shower KB er p a fault appear  in court without article in write and afterward for want of write a peremptory  mandamus be grant