Dr.  Simpson  for  Ashton.  The  Rev.  Mr.  Ashton,  parson  of  Lowth  in  Lincolnshire,
turned  out  his  parish  clerk,  Ralph  Barton,  and  appointed  another  to  officiate,  and  then
articled  against  Barton  in  the  consistory  of  Lincoln  for  misbehaviour  in  his  office  of
parish  clerk,  and  prayed  that  his  license  might  be  revoked.  12th  June,  1753,  citation
returned.  15th  June,  appearance  for  Barton,  who  prayed  he  might  not  be  disturbed
[461]  pending  the  suit,  but  that  he  might  quietly  possess  the  office  till  sentence  should
be  given  against  him.  Judge  assigned  to  hear  his  pleasure  thereon  ;  articles  admitted ;
Barton  appealed  from  admission  thereof,  and  from  the  judge's  assigning  to  hear  his
pleasure  on  Barton's  prayer.  Articles  admitted  3l8t  July,  1753,  from  which,  &c.  he
immediately  appealed.     11th  July  he  applied  to  the  King's  Bench  for  a  mandamus  to


(o)  Vide  supra,  p.  350,  post,  p.  533.
1LEB,468.  LETHB8   V.  EDSFORTH  171

restore  him  to  his  office.  We  pray  he  may  be  assigned  to  make  his  option,  whether
he  will  proceed  in  the  King's  Bench  on  the  mandamus,  or  in  this  court  on  the  appeal."

Dr.  Paul  for  Barton.  Ashton  is  minister  of  Lowth,  Barton  is  parish  clerk  there,
his  offence  was  saying  that  Ashton  was  a  great  rogue ;  a  rule  only  for  a  mandamus
has  been  granted ;  the  articles  were  afterwards  admitted  at  Ash  ton's  petition.
Affidavit  of  John  Gentle,  gent.,  was  read  to  shew  that  Barton  was  proceeding  in
the  King's  Bench,  and  had  obtained  a  rule  to  shew  cause  why  a  mandamus  should
not  go.
