elect two churchwardens, and that they and their fucceffors fhould be a corporation, with capacity to take, purchase, and fell: fo the King granted that the parishioners of Wallingford fhould be a corporation to bargain and fell; and in confequence, they or the greater number were accuftomed to make leafes and estates (a); and by cuftom in fome places, as in London, the parfon and churchwardens are a corporation to purchase lands, and to demise them (6): fo by ftatute the G. 1, c. 7, the churchwardens and overseers of the poor are enabled to purchase a workhouse for the use of the poor.

9

How a CORPORATION is compofed.

A CORPORATION is ufually composed of natural perfons, merely in their natural capacity; but it may also be composed of persons in their political capacity of members of other corporations (c): Thus, by a charter of Edward the fixth, the mayor, citizens, and commonalty of London are appointed governors of Chrift's Hofpital of Bridewell, and incorporated by the name of the Governors of the poffeffions, revenues, and goods of the Hofpital of Edward the fixth King of England, of Chrift Bridewell (d).

(a) Lane, 21. 10 Co. 66. (c) 10 Co. 29 b.

(b) Cro. Jac. 532.

(d) 10 Co. 31 b.

So,

So, a man, who forms a component part of a corporation aggregate, may have, to fome purpofes, a diftinct corporate capacity; thus a dean and chapter form one corporation aggregate; but in many cafes both dean and prebendaries have diftinct rights as corporations fole; each may have peculiar revenues, appropriated to him and his fucceffors in his political capacity; and the prebendaries alone, without the dean, may also form one aggregate corporation diftinct from that of dean and chapter (a).

SOMETHING fimilar to this obtained with respect to abbies and priories, before the diffolution of monafteries of the former there was but one kind, every house being independent; but of the latter there were two kinds: first, those where the prior was chief governor, as fully as any abbot in his abby, and was chofen by the convent: fecondly, those where the priory was a cell, subordinate to some great abby, and the prior was placed and difplaced at the will of the abbot. But there was a confiderable difference between fome of these cells; for fome were altogether fubject to their respective abbies, who fent them what officers and monks they pleased, and took their revenues into the common stock of the abbies: but others confifted of a stated number of monks, who had a

(a) 9 Ed. 3, 18 b. 14 H. 4, 10 b. 20 Ed. 4, 2. 10 Co. 31 b.

prior sent them from the abby, and paid a penfion yearly, as an acknowledgement of their fubjection, but acted in other matters as an independent body, and had the rest of the revenues for their own use (a).

THUS, the poffeffions of the abbot and prior of Westminster were feveral, and there have been instances of the prior having brought a Quare impedit against the abbot, though it is faid, "that this must have been by virtue of the King's charter, because a corporation cannot be divided into two corporations, but by the King's grant" (b).

So, a writ having been brought by a prior, the defendant pleaded that the plaintiff was a monk profeffed, under the obedience of one B. abbot of S. to which the plaintiff replied, that he and his predeceffors, priors, had impleaded and been impleaded, and had answered and been answered, without their sovereign, for time immemorial, and this was held good, and inftances mentioned of feveral priors having been impleaded without their sovereign, notwithstanding that they were removeable at his will (c).

So, also, several distinct and independent corporations may form the component parts of one

(a) Burn's Ecclef. Law. tit. Monafteries. f. 7.

(b) 49 Aff. pl. 8.

(c) 12 Ed. 4, 17 Corpor. 70.

Bro. Corpor. 45.

b. Bro. Corpor. 57. vid. 14 H. 4, 10. Bro.

general

general corporate body: thus there are in Shrewfbury several diftinct independent companies of carpenters, brickmakers, bricklayers, tylers, and plaisterers, and these all united form one great corporation, under the name of the company of carpenters, brickmakers, bricklayers, tylers, and plasterers of Shrewsbury (a).

THERE are fome towns in which there are feveral incorporated companies of trades, which have fo far a connection with the general corporation of the town, that no man can be a freeman of the town at large, and confequently a member of the general corporation, without being previously a freeman of fome one of these companies; of this description is the corporation of the city of London (b) and of many other cities and towns: and the general corporate bodies of the universities are conftituted nearly in the fame manner; for every member of the general corporation must be a member of some one or other of the colleges or halls within the univerfity. There are other incorporated towns in which there are no incorporated companies which have any reference to the general corporation of the town, and the freedom of the town of course refers only to that general corporation; fuch, I am informed, are the towns of Kingston upon Hull and Kingston upon Thames.

(a) Vid. Doug. 374 (359).

(b) x Str. 675.

D2

THERE

THERE are also several corporate companies of trades, without reference to any general corporation of the town in which they are, and indeed where there is no incorporation of the town at all; fuch are the cutlers' company of Sheffield, and the company of shipwrights of Rotherhithe (a). The Bank, the Eaft India company, the College of Phyficians, and the other scientific companies before mentioned, have no reference to the general corporation of the city of London.

MANY aggregate corporations are compofed of feveral diftinct parts, which are called integral parts, without any one of which the corporation would not be complete, although none of them be a diftinct corporation; thus, where a corporation confifts of a mayor, aldermen, and commonalty, the mayor, the aldermen, and commonalty are three integral parts; but neither of these has any corporate capacity diftinct from the other two, and therefore the mayor cannot, in his political character of mayor, take in fucceffion any thing as a fole corporation; nor the aldermen, as a felect body, take any thing to them and their fucceffors as an aggregate corporation.

IN moft aggregate corporations, there is one particular person who is called the head, and who

(a) Vid. & Bulftr. 233.

forms