Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/499

 Ch. 18. poed title as ordinary to viit this, among other eccleiatical foundations. And it is not impoible, that the number of colleges in Cambridge, which are viited by the bihop of Ely, may in part be derived from the ame original.

, whatever might be formerly the opinion of the clergy, it is now held as etablihed common law, that colleges are lay corporations, though ometimes totally compoed of eccleiatical perons; and that the right of viitation does not arie from any principles of the canon law, but of neceity was created by the common law. And yet the power and juridiction of viitors in colleges was left o much in the dark at common law, that the whole doctrine was very unettled till king William's time; in the ixth year of whoe reign, the famous cae of Philips and Bury happened. In this the main quetion was, whether the entence of the bihop of Exeter, who (as viitor) had deprived doctor Bury the rector of Exeter college, could be examined and redreed by the court of king's bench. And the three puine judges were of opinion, that it might be reviewed, for that the viitor's juridiction could not exclude the common law; and accordingly judgment was given in that court. But the lord chief jutice, Holt, was of a contrary opinion; and held, that by the common law the office of viitor is to judge according to the tatutes of the college, and to expel and deprive upon jut occaions, and to hear all appeals of coure; and that from him, and him only, the party grieved ought to have redres; the founder having repoed in him o entire a confidence, that he will adminiter jutice impartially, that his determinations are final, and examinable in no other court whatfoever. And, upon this, a writ of error being brought in the houe of lords, they revered the judgment of the court of king's bench, and concurred in ir John Holt's opinion. And to this leading cae all ubequent determinations have been conformable. But, where the viitor is under a temporary diability, there the court of king's bench will interpoe, to Rh