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Updated: May 14, 2025
But where they who are to enjoy the benefit of the charity are incorporated, there to prevent all perverting of the charity, or to compose differences that may happen among them, there is by law a visitatorial power; and it being a creature of the founder's own, it is reason that he and his heirs should have that power, unless by the founder it is vested in some other.
Thus, the Archidiaconal Courts, the Consistory Courts, the Court of Arches, the Court of Peculiars, and the Court of Delegates were revived: but the enactment by which Elizabeth and her successors had been empowered to appoint Commissioners with visitatorial authority over the Church was not only not revived, but was declared, with the utmost strength of language, to be completely abrogated.
"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.
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.
It ariseth from the property which the founder had in the lands assigned to support the charity; and as he is the author of the charity, the law gives him and his heirs a visitatorial power, that is, an authority to inspect the actions and regulate the behavior of the members that partake of the charity.
The Principal answered that the Board had no right to act in any matter affecting the College without consulting the Governors; that "the Governors cannot recognise the Visitatorial powers of the Board to the extent claimed"; and that the Board was "illegally and unjustly detaining the funds."
As a result of these charges, combined with the hopeless financial situation in which the College was floundering, the Board of the Royal Institution determined to exercise their visitatorial power and to make an investigation.
'Here, cries Pattison, 'was a new abyss opened beneath my feet! My bare livelihood, for I had nothing except my fellowship to live upon, was threatened; it seemed not unlikely that I should be turned into the streets to starve. Visitatorial law, what it might contain! It loomed before me like an Indian jungle, out of which might issue venomous reptiles, man-eating tigers, for my destruction.
The ecclesiastical supremacy which had devolved on him, was by no means the same great and terrible prerogative which Elizabeth, James the First, and Charles the First had possessed. The enactment which annexed to the crown an almost boundless visitatorial authority over the Church, though it had never been formally repealed, had really lost a great part of its force.
Shirley the "Parsons view," from the fact that it was largely drawn from an argument made by Chief Justice Parsons in regard to visitatorial powers at Harvard College.
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