case tempt Hardwicke the king and wheeler where it appear that the right to  exercise a private office be already the subject of a suit in equity between  the party the court will not interfere by mandamus Cun S c Fenwicke to show  why a mandamus shall not go to the defendant as register of the consistory  court of Durham to deliver over all the public book record and entry to one  trotter it come out on affidavit that trotter have a grant of this office  joint with one Hilton from the late Lord crew bishop of Durham and that  trotter survive Hilton and by deed poll the that of August he make the  defendant his deputy for three year which expire on the that of September last  and that be the ground of trotter application for this mandamus but it appear  now upon affidavit that the party enter into a agreement in write unde their  band but not seal for Wheelers be his deputy for three year more and that  Wheeler have bring a bill in equity for the specific performance thereof which  be now depend in chancery and be to be hear next term he say these writ be not  ex debt is owed the whole of the laws but at the discretion of the court and  he admit a case cite by Mr Parker upon the motion where a mandamus be grant in  the like case to the register of the bishop of Hereford but that it appear in  that case that the office have be recover in a assize beside this can have no  determination on a mandamus and trotter may have apply to the bishop court  strange for the mandamus cite I side a mandamus to the town clerk of  Nottingham to deliver book c to his successor the king and Powell Michaelmas  Geo I mandamus to a former mayor to deliver record c to the succeed mayor the  king and wildman Michaelmas geo two mandamus to the clerk of the Blackmitbs  company to deliver the company book to his successor Str Barnard b r Bac Abr  title mandamus a SC but the mandamus be deny because they do not produce their  charter or a copy of it with a affidavit for this be a private corporation  they hold they can not take notice thereof as they will of a town c without  such previous information Lord Hardwicke c j the only material thing that have  be say for this mandamus be that trotter appear to be the legal officer be  entitle to this mandamus ex debt is owed the whole of the laws but I do not  see that every officer that be rightful the officer though he have be seize be  entitle to it ex debt is owed the whole of the laws the reason why we grant  these writ be to prevent a failure of justice and for the execution of case  tempt Hardwicke er p the commonlaw or of some statute or of the king charter  and never as a private remedy to the party except on the statute of Q whether  quer if whether c and that stand on another foot nay the old case go so far as  to refuse a mandamus in all case tempt Hardwicke case where a assize lie and  though the court be not so strict now a day though the party have a remedy by  assize vet it be now obsolete buller I I t r yet it show in what light these  writ be consider now here there do it appear to be a failure of justice see  post but only a dispute about a private right if you say this be a seize you  may bring a assize in the case of Vincent a mandamus be pray to oblige the  bishop to grant a licence for preach to a lecturer and the court do not enter  into the question whether that be a proper instance of grant a mandamus but  refuse it because a dispute be then depend whether Vincent be entitle to the  lectureship lee I the have a legal right to this office give no title to the  book for if Wheeler have a equitable right it will bar the legal title so that  in this case how can it be say that trotter be entitle to the book ex debt is  owed justitivae rule discharge the mandamus appear to have be refuse upon the  ground that the application be make pen a suit in equity between the same  party respect the exercise of the office seek by the mandamus and the question  be not raise as to whether the writ lie in the present case but a return to a  mandamus that a suit be pen in the ecclesiastical court be hold insufficient  and a peremptory mandamus be award Lord Kenyon u j t r who cite Str fitzg  wherever a party have a specific legal remedy the court of king b will refuse  to grant a mandamus I t r see also I Cowp