case the king against dr Whaley if a mandamus be grant to the master of a  college to admit a fellow the court will not supersede the writ on a affidavit  by the master that there be a visitor but he must return that fact to the writ  SC stram a mandamus be move for by one who have be choose a fellow of a  college in Oxford but be refuse to be admit such by the defendant who be  master the mandamus be grant immediate on a affidavit of the fact without give  a rule to show cause direct the defendant to admit the plaintiff fellow or to  show good cause to the contrary the defendant now move that this mandamus may  be supersede and the master of the college not oblige to make a return to it  on a affidavit make by the defendant himself that the bishop of Ely and their  successor have be always visitor of this college it be find by one who be  bishop of Ely and that the present bishop of Ely be visitor thereof and  therefore that a mandamus ought not to have go the question be whether as a  mandamus have be grant in the usual course of the court it shall be now  supersede there appear to be a visitor to this college or whether the  defendant shall be oblige to make a return to it by which the whole matter  will proper come before the court lee chief justice this application be by one  who be choose a fellow of this college but refuse to be admit and there be no  doubt but this be the proper and only remedy for one who enjoy not that right  which he lawful ought to do if there be a modern visitor to this college who  be to visit it general that will be a sufficient answer to the mandamus that  have be grant for as it be the duty of this court to give a remedy to he who  want it so it be also their duty to support a jurisdiction that have a legal  foundation and be proper exercise a mandamus have here issue and the matter  now come on in the same manner as if it have be on a rule grant original to  show cause now I do not see how the party injure can have a remedy if there be  not a return make to the mandamus here be a man complain proper of a injury do  he but be tell that there be a visitor to who he must appeal be be not satisfy  that the visitor have any right how then must it be determine if a return be  make he may bring a action upon the return if he think it a false one and try  it legal but if the court shall not give he that opportunity by supersede this  mandamus he be without a remedy and must be conclude by this single affidavit  of dr Whaleys which say that there be a visitor therefore I can see no reason  why a return shall not be make to this mandamus and be of opinion that it  ought not to be supersede page justice it be a lie foundation and every member  have a freehold in it where the visitor act as he shall he will be encourage  but if he do anything against the statute of the college he be no long visitor  but this court will inquire of it probin justice that this mandamus be grant  without a rule first to show cause will be no reason for supersede it because  it be usual so do and be so in the case of the king v usher the principal  objection seem to be that there be a visitor to this college but this be not a  proper way to try that question but on the return to this mandamus and there  it will be on record and if a visitor appear this court will not take any  cognizance of it if the court shall determine this question now as to the  visitor and false the other party have no remedy for no writ of error lie in  this case to any other court and therefore I be of the same opinion that a  return ought to be make chapel justice be of the same opinion in tot and cite  a case lev where a mandamus be grant though there appear to be a visitor the  defendant motion be deny that the court will supersede a mandamus to admit a  fellow on a return that there be a visitor to the college see show Mod side  Mod lev and under what circumstance the court of commonlaw will interfere  where there be a visitor see Philips v bury skin king v bishop of Chester will  king v Grundon Cowp king v bishop of Ely term Rep king v bishop of Ely term  Rep a modern er p