poſed 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[1]. 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[2]. 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 whatfoever. 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 viſitor is under a temporary diſability, there the court of king's bench will interpoſe, to
