Blackstone the king v barker and other mandamus to trustee to admit a dissent  teacher SC ante Mr don in last Michaelmas term show for cause that a writ of  mandamus be a mere legal remedy applicable only to legal right that mences  right if any be only a equitable right the whole be vest in trustee the remedy  lie in chancery if at all this be the first application of the kind in a court  of law and also in point of fact another person one Hanmer be actual choose by  what we say be the legal power of the congregation Lord Mansfield CJ I think I  have see it in the book that the first instance of a mandamus in the case of a  corporator be Baggss case c and yet that be no objection to the grant it a  mandamus be certain a prerogative writ flow from the king himself sit in this  court superintend the police and preserve the peace of this country and will  be grant wherever a man be entitle to a office or a function and there be no  other adequate legal remedy for it d therefore it be not grantable for a live  because there the law have provide a specific remedy but for a lectureship  where a profit or endowment be annex to it it be e since the Act of toleration  dissenter be entitle to all mariner of legal protection charity to their mode  of worship have be establish since the revolution though hold tG be  superstitious before however there appear to be strong objection to the  election of both mence and Hanmer the court recommend it then to stand over to  see whether they will not either proceed to a new election or put the validity  of hanner election in a mode of trial and now in this term the Presbyterian  trustee have refuse to come into any agreement a mandamus to admit mence be  grant Blackstone but his party find their election be not maintainable in  point of law give it up and proceed more regular to a new election of he and  as the trustee still refuse he admission a new rule for a mandamus be apply  for and grant in easter term f c Rep b d see r v bishop of Chester I TR r v  marquis of Stafford TR Bac Abr mandamus c and post e but not for a lectureship  the stipend of which depend sole upon voluntary contribution for the rector  may refuse the use of the pulpit the fee of the church be in he unless there  be a contrary immemorial custom r v bp of London I will stram r v bundem TR r  v field TR and see r v bp of Exeter east r v bp of London east r v alp of  Canterbury east r v b p of Carlisle burn Ecc l ed b v bp of Litchfield  Coventry Barnard as to bold a schoolmaster f a peremptory mandamus afterward  go by consent burr see also r v Jotham TR r v bp of Chester ante r v justice  of Derbyshire post