case a petition in the name of the attorneygeneral at the relation of grey and  other on behalf of the charity versus sir John lock and other trustee of  Magdalen college on Blackheath under the will of sir John morden July the  court will not examine into the reason for a amotion of a pensioner from a  hospital with the same nicety as if the freehold of the person be in question  Lord chancellor at resend the question be whether I shall be warrant on such a  application as this to take a previous step to restore these person to their  place in the college it be incumbent upon this court to support the charity it  be likewise incumbent on they to maintain and guard the power of those who  have that authority from the donor for it will be of bad consequence to the  charity if the authority of person entrust with the management of the charity  be upon every instance to be enervate and break into atkins if there be to be  the same nicety observe upon the amotion of some of the pensioner of a  hospital as if they have turn out a person from a freehold no man of fortune  or ability will undertake such a trust sir John Morden have not leave the  power of visit to his heir but b as make a perfect constitution of this  charity vide attorneygeneral v master and fellow of Clarehall atk now this be  very material to the first and great question the authority of the trustee  they and the survivor be to have a power to place and displace the chaplain  treasurer and other officer and merchant c at their will and pleasure they  have a power to make bylaws and rule for the regulate of the charity and for  the government and conduct of the house which be a very general power then he  direct the say governor and visitor shall and may visit the say college once a  year or often if they think fit at which time they be to inspect the treasurer  account and also to examine into the behaviour of the chaplain c and if they  find they have act dishonest and improper to displace they and put other  person in their room and likewise if they find any merchant immoral guilty of  drunkenness g they shall and may remove they the first objection be that this  be within the case of Sutton versus Colefleld determine hill car and duke be  Char use pl I agree that where there be atkins er p governor who be visitor  likewise so far as relate to the estate of this charity they be subject and  Accountable to this court there be two sort of authority here one as to the  management of the estate and revenue the other as to the management and  government of the house in the latter they be absolute and not controllable by  this court and be like the case of the attorney general versus price atk S c  which come before I the that of July where I be of opinion that the power of  visit be absolute in the warden of all soul and this court have no right to  interpose as to the question whether they have a arbitrary power to remove at  pleasure I will give no absolute opinion but I be incline atkins to think they  have such a power of remove without hear or give any reason for so do my  reason be these by the constitution of this charity they have a power of  remove the chaplain treasurer and other officer at their will and pleasure if  it have rest there there be no doubt but they may have do it but it be insist  by the attorney general that there be another clause restrain they but I think  the latter clause be not a restrain clause or give they less power but only  lie a injunction or obligation upon they to remove for such general offence  and leaves they in every instance beside to act at their discretion but  afterward in their general local visitation they be to call the treasurer to  account this they may have do by virtue of their be governor and therefore it  be a injunction upon they to inspect the treasurer account c be they to remove  the officer and servant for a offence that must be support in a court of  justice with the same legal nicety as in the case of a freehold be the  chaplain or treasurer a officer for life they will if so be equal restrain  from remove they as the merchant themselves as to the merchant if guilty of  drunkenness or any debauchery then they shall and may by write under hand and  seal turn they out the word shall and may in general act of parliament or in  private constitution be to be construe imperative stamper v millar atk they  must remove they upon the whole of this point I be of opinion that there be a  general power of amotion but as I say before the founder have lie a obligation  upon they to turn out for the marjoram sin if I may so call they next as to  the relator and first as to Mr grey it have be say that this be only a decent  application for a account of the charity but I think the letter he send to the  governor be very gross atkins and almost a libel for say that they have  fifteen thousand odd hundred pound in their hand certain carry a reflection  with it the other two relator admit themselves to be privy to the letter the  great difficulty with I be the danger of make a precedent of restore a mere  pensioner of a hospital upon the application of the pensioner himself consider  what number of great hospital there be in this kingdom and how have the  consequence will be for I to examine too nice into these amotions as if the  freehold of a person be in question the governor of these hospital every day  turn out and put in and there will be no end of such inquiry and will be a  mean of overturn these charity absolute this be as have be very just say to  make a decree before the cause be hear upon motion and even before a answer be  put in suppose it be a information against a schoolmaster will the court turn  he out or will they restore he upon a motion without hear the cause if you  will compare it to case at law compare it throughout suppose a mandamus from  the court of king bench to restore a person to a office will the court in a  summary way do it without examine regular into the merit of the case certain  not it will be a much less prejudice to the foundation if one of these  pensioner shall be turn out wrongful than that the trustee and governor shall  be perpetual liable to have every action of they sift and examine into atkins  er p but yet I will recommend it to sir John lock and the other gentleman  consideration to allow something in the mean time to the petitioner that they  may not starve but I will not make any order for it N B the defendant in their  petition this day to the master of the roll have be allow a month time to  plead answer or demurrer to the relator information so as not to demurrer  alone and it be order that all process of contempt for want thereof be in the  mean time stay