event the
perversion of the funds, and to keep the visitors within their
prescribed bounds. "If there be a charter with proper powers, the
charity must be regulated in the manner prescribed by the charter. There
is no ground for the controlling interposition of the courts of
chancery. The interposition of the courts, therefore, in those instances
in which the charities were founded on charters or by act of Parliament,
and a visitor or governor and trustees appointed, must be referred to
the general jurisdiction of the courts in all cases in which a trust
conferred appears to have been abused, and not to an original right to
direct the management of the charity, or the conduct of the governors or
trustees."[20] "The original of all _visitatorial_ power is the property
of the donor, and the power every one has to dispose, direct, and
regulate his own property; like the case of patronage; _cujus est dare_,
&c. Therefore, if either the crown or the subject creates an
eleemosynary foundation, and vests the charity in the persons who are to
receive the benefit of it, since a contest might arise about the
government of it, the law allows the founder or his heirs, or the person
specially appointed by him to be visitor, to determine concerning his
own creature. If the charity is not vested in the persons who are to
partake, but in trustees for their benefit, no visitor can arise by
implication, but the trustees have that power."[21]

"There is nothing better established," says Lord Commissioner Eyre,
"than that this court does not entertain a general jurisdiction, or
regulate and control charities _established by charter_. There the
establishment is fixed and determined; and the court has no power to
vary it. If the governors established for the regulation of it are not
those who have the management of the revenue, this court has no
jurisdiction, and if it is ever so much abused, as far as it respects
the jurisdiction of this court it is without remedy; but if those
established as governors have also the management of the revenues, this
court does assume a jurisdiction of necessity, so far as they are to be
considered as trustees of the revenue."[22]

"The foundations of colleges," says Lord Mansfield, "are to be
considered in two views; namely, as they are _corporations_ and as they
are _eleemosynary_. As eleemosynary, they are the creatures of the
founder; he may delegate his power, either generally or specially; he
may pres