exempt them from the jurisdiction of the
ordinary; several of which are still preserved in the archives of the
respective societies. And I have reason to believe, that in one of our
colleges, (wherein the bishop of that diocese, in which Oxford was
formerly comprized, has immemorially exercised visitatorial authority)
there is no special visitor appointed by the college statutes: so that
the bishop's interposition can be ascribed to nothing else, but his
supposed title as ordinary to visit this, among other ecclesiastical
foundations. And it is not impossible, that the number of colleges in
Cambridge, which are visited by the bishop of Ely, may in part be
derived from the same original.

BUT, whatever might be formerly the opinion of the clergy, it is now
held as established common law, that colleges are lay-corporations,
though sometimes totally composed of ecclesiastical persons; and that
the right of visitation does not arise from any principles of the
canon law, but of necessity was created by the common law[e]. And yet
the power and jurisdiction of visitors in colleges was left so much in
the dark at common law, that the whole doctrine was very unsettled
till king William's time; in the sixth year of whose reign, the famous
case of _Philips and Bury_ happened[f]. In this the main question was,
whether the sentence of the bishop of Exeter, who (as visitor) had
deprived doctor Bury the rector of Exeter college, could be examined
and redressed by the court of king's bench. And the three puisne
judges were of opinion, that it might be reviewed, for that the
visitor's jurisdiction could not exclude the common law; and
accordingly judgment was given in that court. But the lord chief
justice, Holt, was of a contrary opinion; and held, that by the common
law the office of visitor is to judge according to the statutes of the
college, and to expel and deprive upon just occasions, and to hear all
appeals of course; and that from him, and him only, the party grieved
ought to have redress; the founder having reposed in him so entire a
confidence, that he will administer justice impartially, that his
determinations are final, and examinable in no other court whatsoever.
And, upon this, a writ of error being brought in the house of lords,
they reversed the judgment of the court of king's bench, and concurred
in sir John Holt's opinion. And to this leading case all subsequent
determinations have been conformable. But, where the v