Thus in _Rex_ v. _Erasmus
Warren_ (16 Geo. III) it was shown that the clerk became bankrupt, had
been guilty of many omissions in his office, was actually in prison at
the time of his amoval, and had appointed a deputy who was totally unfit
for the office. Against which it was insisted that the office of parish
clerk was a temporal office during life, that the parson could not
remove him, and that he had a right to appoint a deputy. One of the
judges stated that though the minister might have power of removing the
clerk on a good and sufficient cause, he could never be the sole judge
and remove him at pleasure, without being subject to the control of the
court. No misbehaviour of consequence was proved against him, and the
clerk was restored to his office.
In a more recent case the clerk had conducted himself on several
occasions by designedly irreverent and ridiculous behaviour in his
performance of his duty. He had appeared in church drunk, and had
indecently disturbed the congregation during the administration of Holy
Communion. He had been repeatedly reproved by the vicar, and finally
removed from his office. But the court decided that because the clerk
had not been summoned to answer for his conduct before his removal, a
mandamus should be issued for his restoration to his office[90].
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