r or prescription. The
validity of these new charters must turn upon the acceptance of them."
In the same case Mr. Justice Wilmot says: "It is the concurrence and
acceptance of the university that gives the force to the charter of the
crown." In the _King v. Pasmore_,[54] Lord Kenyon observes: "Some things
are clear: when a corporation exists capable of discharging its
functions, the crown cannot obtrude another charter upon them; they may
either accept or reject it."[55]

In all cases relative to charters, the acceptance of them is uniformly
alleged in the pleadings. This shows the general understanding of the
law, that they are grants or contracts; and that parties are necessary
to give them force and validity. In _King v. Dr. Askew_,[56] it is said:
"The crown cannot oblige a man to be a corporator, without his consent;
he shall not be subject to the inconveniences of it, without accepting
it and assenting to it." These terms, "acceptance" and "assent," are the
very language of contract. In _Ellis v. Marshall_,[57] it was expressly
adjudged that the naming of the defendant among others, in an act of
incorporation, did not of itself make him a corporator; and that his
assent was necessary to that end. The court speak of the act of
incorporation as a grant, and observe: "That a man may refuse a grant,
whether from the government or an individual, seems to be a principle
too clear to require the support of authorities." But Justice Buller, in
_King v. Pasmore_, furnishes, if possible, a still more direct and
explicit authority. Speaking of a corporation for government, he says:
"I do not know how to reason on this point better than in the manner
urged by one of the relator's counsel; who considered the grant of
incorporation to be a compact between the crown and a certain number of
the subjects, the latter of whom undertake, in consideration of the
privileges which are bestowed, to exert themselves for the good
government of the place." This language applies with peculiar propriety
and force to the case before the court. It was in consequence of the
"privileges bestowed," that Dr. Wheelock and his associates undertook to
exert themselves for the instruction and education of youth in this
college; and it was on the same consideration that the founder endowed
it with his property.

And because charters of incorporation are of the nature of contracts,
they cannot be altered or varied but by consent of the original parties