case the king against dr bland provost of Eton a mandamus lie to the provost  of a college to compel he to affix the collegeseal to a presentation by the  college on rule to show cause why a mandamus shall not issue to dr Bland  provost of Eton college to affix the collegeseal to the presentation of one  parson to a college live be nominate thereto by a majority of the fellow the  provost and one fellow be for another person the provost insist that he have a  negative upon the fellow and therefore without his consent a majority of the  fellow can not dominate any one but the principal question now be whether a  mandamus can be proper issue in this case the solicitorgeneral insist that  this be a improper matter for a mandamus this be of the same nature as a  private advowson and have the same rule and law to govern it and to which a  mandamus be never grant if the provost c do not agree and present some person  within the time limit by law it will lapse to the bishop which will prevent  any inconvenience to the parish be without a parson for that time any more  than in the common case in the case of clarke in Michaelmas term in the twelve  year of George the second where a mandamus be to elect he a prebendary he have  a freehold in the office and the act to be do to complete it be only a  ministerial act videlicet instalment but here be as yet no right in the  plaintiff modern hollings contra this be a proper matter for a mandamus it be  to oblige a provost to execute a trust a mandamus have issue in the case of a  sexton raym vent lev march a a parishclerk roll Abr b and a schoolmaster ray  side stram c a mandamus have be grant to admit a deputy register king v dr  ware Michaelmas term Geo d here the act of put the seal be ministerial and to  complete modern er p a particular act already do in part and be not to elect a  person into the live but to present one already nominate see Cowper e it be a  matter proper for examination and there ought to be a return make to it when  it will come on full mandamus to restore dr Bentley Hilary term Geo stram  bishop of Litchfield Michaelmas term Geo stram Vincent bishop of London to  elect a lecturer of saint Dunstan Michaelmas term whether Oakquib Trinity term  Geo the king v dr Whaley mandamus to admit one fellow of a college stram f  beside the plaintiff have no other way of proceed to remedy himself for the  visitor have nothing to do with he he not be anyway concern in the college lee  chief justice here have be at least the appearance of a election and there be  many question that will arise upon the statute of the college and also upon  the statute Henry whether that take away a negative in all case and therefore  there be a very good reason for the court be interpose and grant the mandamus  in the case of saint John college king v saint John college Cambridge Mod g it  be say by holt that if there be a visitor the court will not interpose in a  case where the local statute of the college be only in dispute but when the  public law of the kingdom be disobey they will always take notice of it and  grant the mandamus dr Bland will have the same benefit and advantage in  controvert this matter upon the return of this writ as he have now I do not  see any difference between this and the bishop of Salisbury caseSee king v  baker burr and I black Rep Cowp h where the court say that if any right be  show they will grant the mandamus and have a return make without determine the  matter of right whether a peremptory mandamus will lie or not which I shall  not do now but I think a mandamus ought to go page justice be of the same  opinion chapel justice it do not appear to I that if the court shall deny this  mandamus the plaintiff have any remedy at all a mandamus be accord grant to dr  Bland see king v vicechancellor of Cambridge where a mandamus be issue to the  keeper of the common seal of the university command they to put it to the  appointment of high steward burr Rep see also king v dr Windham where a  mandamus be grant to compel the warden of Wadham college to affix the common  seal of the college to a answer of the fellow c in chancery contrary to his  own separate answer put in Cowp I