ell. IX. Sec. ii.] Parens Palrice. — Charities. 161 SECT. II. As to Charities. Sir William Blackstone (a) observes, " that the King, as parens patricey has the general superintendence of all charities^ which he now exercises by the keeper of his conscience, the Chancellor. And, therefore, whenever it is necessary, the Attorney-General, at the relation of some informant, (who is usually called the relator,) files, ex-qfficio, an information in the Court of Chancery, to have the charity properly establish- ed." On this proposition, Mr. Fonblanque (5) remarks, that it is too general, for though it be true, that where a charity is established, and there is no charter to regulate it, as there must be somewhere a power to regulate, the King has, in such case, a general jurisdiction ; yet, if there be a charter with proper powers, the charity must be regulated in the manner prescribed by the charter, and there is no ground for the controlling in- terposition of the Court of Chancery (c The interposition of the Court, therefore, in those instances in which the charities were founded on charters, or by Act of Parliament, and a vi- sitor, or governor, or trustees, appointed, must be referred to ^ the general jurisdiction of the Court, in all cases in which a trust conferred appears to have been abused, and not to an original right to direct the management of the charity, or the conduct of the governors or trustees. A distinction mani- fested by those cases in which the Court has refused to inter- pose its opinion against that of the governors of a charity, having a right, by the terms of its foundation, to exercise their discretion in certain particulars (c?). It is, however, the gene- ral right of the Court of Chancery, derived from the King, to appoint to what charity any gift shall be applied, where the donor does not name any particular charity {e). And, as al- ready mentioned, by statute 1 Edw. 6. c. 14., gifts to certain (a) 3 Com. 427. 2 Ves. Jun. 42. Attorney-General u. (6) 2 Fonbl. Tr. Eq. 206. n. a. Middleton. 2 Ves. 327. But see (c) Attorney-General v. Middleton. Gower v. Mainwaring. 2 Ves. 89. 'i Ves. 328. , (/?) 1 Vern. 224. , 2 Freem. 261. 1 {d) See Attorney-General v. Found- Bro. Ch. R. 15. Ambl. 712. ling Hospital. 4 Bro. Cli. Rep. 165. M supei'*'
