Law Charity law Equity English trusts law ..
Law: Charitable trusts are trusts created for the public benefit
The struggle between Liberty and Authority is the most conspicuous feature in the portions of history with which we are earliest familiar, particularly in that of Greece, Rome, and England. But in old times this contest was between subjects, or some classes of subjects, and the . By liberty, was meant protection against the tyranny of the political rulers. The rulers were conceived (except in some of the popular governments of Greece) as in a necessarily antagonistic position to the people whom they ruled. They consisted of a governing One, or a governing tribe or caste, who derived their authority from inheritance or conquest, who, at all events, did not hold it at the pleasure of the governed, and whose supremacy men did not venture, perhaps did not desire, to contest, whatever precautions might be taken against its oppressive exercise. Their power was regarded as necessary, but also as highly dangerous; as a weapon which they would attempt to use against their subjects, no less than against external enemies. To prevent the weaker members of the community from being preyed upon by innumerable vultures, it was needful that there should be an animal of prey stronger than the rest, commissioned to keep them down. But as the king of the vultures would be no less bent upon preying on the flock than any of the minor harpies, it was indispensable to be in a perpetual attitude of defence against his beak and claws. The aim, therefore, of patriots was to set limits to the power which the ruler should be suffered to exercise over the community; and this limitation was what they meant by liberty. It was attempted in two ways. First, by obtaining a recognition of certain immunities, called political liberties or rights, which it was to be regarded as a breach of duty in the ruler to infringe, and which, if he did infringe, specific resistance, or general rebellion, was held to be justifiable. A second, and generally a later expedient, was the establishment of constitutional checks, by which the consent of the community, or of a body of some sort, supposed to represent its interests, was made a necessary condition to some of the more important acts of the governing power. To the first of these modes of limitation, the ruling power, in most European countries, was compelled, more or less, to submit. It was not so with the second; and, to attain this, or when already in some degree possessed, to attain it more completely, became everywhere the principal object of the lovers of liberty. And so long as mankind were content to combat one enemy by another, and to be ruled by a master, on condition of being guaranteed more or less efficaciously against his tyranny, they did not carry their aspirations beyond this point.
1601 was used to refer as what would amount to a charity in law.
In the preceding observations I have assumed, as requiring no proof, that the object proposed is in itself desirable; that it would be a public benefit if the Public Service, or all that part of it the duties of which are of an intellectual character, were composed of the most intelligent and instructed persons who could be attracted to it. If there be any who maintain a contrary doctrine, and say that the world is not made only for persons of ability, and that mediocrity also ought to have a share in it; I answer, certainly, but not in managing the affairs of the State. Mediocrity should betake itself to those things in which few besides itself will be imperilled by its deficiences,—to mechanical labour, or the mechanical superintendence of labour, occupations as necessary as any others, and which no person of sense considers disparaging. There will be, assuredly, ample space for the mediocrities, in employments which require only mediocrity, when all who are beyond mediocrity have found the employment in which their talents can be of most use.