case Eden versus foster Lord chancellor king Lord chief justice Eyre Lord  chief baron Gilbert pale yellow Eq Rep Sel can in Charles Eq can ab pl the  king find a school and endow it and appoint governor who have the legal estate  of the endowment vest in they and there be no express word appoint emission  may issue to visit and call to a account these they visitor resolve governor  the free grammar school of Birmingham be find by king Edward the that who  endow the say school and by his letter patent appoint perpetual governor  thereof who be thereby enable to make law and ordinance for the better  government of the say school but by the letter patent no express visitor be  appoint and the legal estate of the endowment be vest in these governor after  a commission have issue under the great seal to inspect the management of the  governor and all the exception be already hear and overrule it be now object  to this commission that the king have appoint governor have by implication  make they visitor likewise the consequence of which be that the crown can not  issue out a commission to visit or inspect the conduct of these governor  accord to the express word of Lord coke in that report a the case of sutton  hospital peer William the matter first come on before Lord chancellor  Macclesfield and afterward before Lord king who desire the assistance of Lord  chief justice Eyre and Lord chief baron Gilbert and accord the opinion of the  court be now deliver seriatim that the commission be good saint it be lie down  as a rule that where the king be founder in that case his majesty and his  successor be visitor but where a private person be founder there such private  person and his heir be by implication of law visitor dly that though this  visitatorial power do result to the founder and his heir yet the founder may  vest or substitute such visitatorial right in any other person or his heir dly  they conceive it to be unreasonable and of mischievous consequence that where  governor be appoint these by construction of law and without any more shall be  visitor shall have a absolute power and remain exempt from be visit themselves  and therefore thly that in those case where the governor or visitor be say not  to be Accountable it must be intend where such governor have the power of  government only and not where they have the legal estate and be entrust with  the receipt of the rend and profit as in the present case for it will be of  the most pernicious consequence imaginable that any person entrust with the  receipt of rend and profit and especial for a charity though they peer William  misemploy never so much these rend and profit shall yet be unaccountable for  their receipt this will be such a privilege as may of itself be a temptation  to a breach of trust thly that the word governor do not of itself imply  visitor and to make such a construction of the word against the common and  natural meaning of it and when such a strain construction can not be for the  benefit but rather to the great prejudice of the charity will be very  unreasonable beside it will be make the king charter operate to a double  intent which ought not to be thly whereas it have be object that the  commissioner by this commission have a power give they to make bylaw by virtue  whereof such bylaw may peer William er p be make as will destroy even the  direction of the original founder and the very end of the charity to this it  be answer that the power give to these commissioner for the make of bylaw must  be intend for the better regulate and preserve the charity give and not for  the pervert or overturn they and if the letter of commission give any large  power they will be void only pro tanto though it be observe with regard to the  power give by the present commission that they do not differ from several  precedent of the like nature which be all pen in the same manner as for  instance in the case of Winbourne Basingstoke and Plymouth school in all which  governor be appoint but yet these school be and have be visit so peer William  that the objection be overrule and the commission under the great seal resolve  to be well issue vide duke be charitable use page cap the case of the hospital  of Sutton Coldfield and the like determination in the case of Henshaw and  Pydwers versus the mayor and corporation of Morpeth duke be Ch which the  chancellor and chief baron cite on this occasion and affirm to be law attorney  general v look atk green v rutherforth ves attorney general v Middleton ves  attorney general v corporation of Bedford ves attorney general v governor of  foundling hospital Ves jun attorneygeneral v Dixie Ves ex part Kirkby  Ravensworth hospital Ves attorney general v Lord Clarendon Ves ex part  Berkhampstead free school V b