case the king against STENHOWE a mandamus will not lie to the precentor and  canon to admit a canon to his stall in the cathedral on a custom to choose a  supernumerary when all the stall be full until a vacancy happen SC skin SC  Jones mandamus pray to the chanter and canon for admission to a canon place in  a cathedral by dr Owen and allege on his behalf that to suit in courtchristian  concern this place the court of common plea have grant a prohibition as be a  lie fee and therefore no remedy but a mandamus the chapter be to assist the  bishop in his temperality as to the pass or grant of estate by the statute  Westminster cap all election shall be free now this statute reach to all  corporation whatsoever Inst and in easter term in this court a mandamus be  grant in one Cox case b the change of a venue be in the discretion of the  court under the particular circumstance of each case Thompson v Scroggs ante  see also term Rep and as this discretion be always exercise to promote justice  the court in transitory action will always change the venue when there appear  probable ground to apprehend that a fair impartial or at least a satisfactory  trial can be have Mylock v saladine burr petit v Berkley Cowp king v amery  term Rep mayor of pool v Bennet stram mayor of Bristol v proctor will a see  king v Roupell Cowp king v Ritson term Rep shower KB er p e contra urge that  this be not a dean and chapter but a precentor and canon which be pure  spiritual in their original institution they be only to say prayer two statute  take notice of they as pure spiritual and religious and here be cite Daniel  Applefords case Mod shower KB the court as to that of a prohibition it be  nothing in the case for if a libel be there about a induction and institution  a prohibition lie but not a mandamus and in many case a prohibition but no  mandamus will lie in case a college choose a fellow during a plenarty they be  not bind by that election but may choose anew when there be a vacancy although  the usage be to confirm the same yet it be not do de jure a