case usher case mandamus to the vicechancellor of Oxford to receive a appeal  upon expulsion of a fellow I be to pray your lordship for a mandamus to the  vicechancellor of the university of Oxford it be in the case of one Mr usher  who have be expel out of university college in Oxford and be refuse his  fellowship there upon which Mr usher will appeal to the vicechancellor and  convocation but the vicechancellor refuse to admit of his appeal the question  therefore be whether the vicechancellor and convocation be visitor of this  college and we take it that the body of the university in convocation be legal  visitor of this college as appear plain by the statute of the college and they  have all along continue to exercise this visitatorial power ever since the  year in the four year of the reign of Henry the three therefore we hope that  the modern vicechancellor shall be compel to do his duty and to receive the  appeal ad idem that the vicechancellor and convocation be the visitor of this  college be without question for they be appoint so to be by the statute of the  college and by several public instrument but it be a great question whether  these visitor have a absolute power to condemn without cause or whether it be  not a limit power to reprobate for a good and lawful cause for the Act which  constitute visitatorial power say that they may condemn ex causan fixed by law  then it be impossible for Mr usher to come at his right of appeal but by  propose it to the vicechancellor and since he have refuse to receive it there  be no other way but for your lordship to compel he to it by your mandamus that  he may do his duty which now he decline to do by stop up the channel of  justice holt chief justice you be too soon for argument let I know how the  case stand as to the fact read to I your constitution by the statute that I  may know how this power be find modern er p then the statute be read holt  chief justice if you have any mandamus at all it must be direct to the  vicechancellor master and scholar in convocation sir b shower the  vicechancellor and doctor of divinity and the proctor be without doubt visitor  of this college and the vicechancellor and the two proctor have three negative  voice and if either of they refuse to accept of this appeal or to propose he  to the convocation it can be do then this gentleman stand expel out of the  university for a particular offence and whether the crime for which he be  expel be true or not he have acquiesce under that expulsion so that now if  this mandamus shall be grant it will occasion a great confusion in the  university and we say that this gentleman be not capable of be relieve here  for that this be a cause not examinable in this place there be proper visitor  and mandamuss have be often deny where it be plain that there be a visitor to  who the party grieve may appealSee king v bishop of Ely will S c Bl Rep a  therefore we hope your lordship will not grant any mandamus holt chief justice  the question be only this whether or no if a original visitor refuse to accept  a appeal and to do the party grieve justice we shall compel he to it?Let we be  attend with the statute of the college and we will consider of it Adjournatur  see term Rep a note of the case of king v bishop of Lincoln Trinity term Geo  where a mandamus be pray to by the bishop as visitor of Lincoln college in  Oxford to compel he to receive hear and determine a appeal of dr hallifax who  complain of a undue election to the office of rector of that college to which  Mr Horner have be admit and the court determine that where by the statute of a  college a visitor be appoint who be to interpret the statute and a appeal be  lodge with he a mandamus will lie to compel he to hear the party and form some  judgement though he can be compel to go into the merit for it be sufficient if  he decide that the appeal come too late b modern