Throughout this period vigorous attempts were made to restrict the scope of the privileges anciently awarded to charity. But precedent enabled the majority of them to survive. Even Lord Northington, the most zealous of the supporters of the Mortmain Act, 1736, was uncomfortably aware that the principle that settled rules of construction should not be disturbed was of paramount importance; he would not ‘shake foundations’ and overturn the ‘old cases,’ or the most disastrous consequences would ensue. And Lord Eldon considered

Some privileges, because they were so well established, escaped the faintest murmur of criticism. So, for example, there was never any question that the Chancellor would hear any charitable suit even though the amount in dispute was less than forty shillings, and no decision suggested that the analogy of any statute of limitations or the doctrine of laches should bar a claim by a charity.