s whole argument by again repeating, that that
college was a _private corporation_, and that the founder had a right to
appoint a visitor, and to give him such power as he saw fit.[18]

The learned Bishop Stillingfleet's argument in the same cause, as a
member of the House of Lords, when it was there heard, exhibits very
clearly the nature of colleges and similar corporations. It is to the
following effect: "That this absolute and conclusive power of visitors
is no more than the law hath appointed in other cases, upon commissions
of charitable uses: that the common law, and not any ecclesiastical
canons, do place the power of visitation in the founder and his heirs,
_unless he settle it upon others_: that although corporations for public
government be subject to the courts of Westminster Hall, which have no
particular or special visitors, yet corporations for charity, founded
and endowed by private persons, are subject to the rule and government
of those that erect them; but where the persons to whom the charity is
given are not incorporated, there is no such visitatorial power, because
the interest of the revenue is not invested in them; but where they are,
the right of visitation ariseth from the foundation, and the founder may
convey _it to whom and in what manner he pleases; and the visitor acts
as founder, and by the same authority which he had, and consequently is
no more accountable than he had been_: that the king by his charter can
make a society to be incorporated so as to have the rights belonging to
persons, as to legal capacities: that colleges, although founded by
private persons, are yet incorporated by the king's charter; but
although the kings by their charter made the colleges to be such in law,
that is, to be legal corporations, yet they left to the particular
founders authority to appoint what statutes they thought fit for the
regulation of them. And not only the statutes, but the appointment of
visitors, was left to them, and the manner of government, and the
several conditions on which any persons were to be made or continue
partakers of their bounty."[19]

These opinions received the sanction of the House of Lords, and they
seem to be settled and undoubted law. Where there is a charter, vesting
proper powers in trustees, or governors, they are visitors; and there is
no control in any body else; except only that the courts of equity or of
law will interfere so far as to preserve the revenues and pr