FREE BOOKS

Author's List




PREV.   NEXT  
|<   393   394   395   396   397   398   399   400   401   402   403   404   405   406   407   408   409   410   411   412   413   414   415   >>  
[c]." [Footnote a: _Ff._ _l._ 3. _t._ 4. _per tot._] [Footnote b: _Ff._ 50. 16. 85.] [Footnote c: _Ff._ 3. 4. 7.] BEFORE we proceed to treat of the several incidents of corporations, as regarded by the laws of England, let us first take a view of the several sorts of them; and then we shall be better enabled to apprehend their respective qualities. THE first division of corporations is into _aggregate_ and _sole_. Corporations aggregate consist of many persons united together into one society, and are kept up by a perpetual succession of members, so as to continue for ever: of which kind are the mayor and commonalty of a city, the head and fellows of a college, the dean and chapter of a cathedral church. Corporations sole consist of one person only and his successors, in some particular station, who are incorporated by law, in order to give them some legal capacities and advantages, particularly that of perpetuity, which in their natural persons they could not have had. In this sense the king is a sole corporation[d]: so is a bishop: so are some deans, and prebendaries, distinct from their several chapters: and so is every parson and vicar. And the necessity, or at least use, of this institution will be very apparent, if we consider the case of a parson of a church. At the original endowment of parish churches, the freehold of the church, the church-yard, the parsonage house, the glebe, and the tithes of the parish, were vested in the then parson by the bounty of the donor, as a temporal recompence to him for his spiritual care of the inhabitants, and with intent that the same emoluments should ever afterwards continue as a recompense for the same care. But how was this to be effected? The freehold was vested in the parson; and, if we suppose it vested in his natural capacity, on his death it might descend to his heir, and would be liable to his debts and incumbrances: or, at best, the heir might be compellable, at some trouble and expense, to convey these rights to the succeeding incumbent. The law therefore has wisely ordained, that the parson, _quatenus_ parson, shall never die, any more than the king; by making him and his successors a corporation. By which means all the original rights of the parsonage are preserved entire to the successor: for the present incumbent, and his predecessor who lived seven centuries ago, are in law one and the same person; and what was given to the one was given to the othe
PREV.   NEXT  
|<   393   394   395   396   397   398   399   400   401   402   403   404   405   406   407   408   409   410   411   412   413   414   415   >>  



Top keywords:

parson

 
church
 
vested
 

Footnote

 
continue
 
original
 

natural

 

parsonage

 

consist

 

rights


persons

 

parish

 
person
 

successors

 
Corporations
 

freehold

 

corporations

 
aggregate
 

incumbent

 

corporation


tithes

 

recompense

 

bounty

 

recompence

 

inhabitants

 
spiritual
 

churches

 

intent

 
endowment
 

emoluments


temporal

 

incumbrances

 

preserved

 

making

 
entire
 

successor

 

centuries

 

present

 

predecessor

 
quatenus

liable
 
descend
 

suppose

 

capacity

 

compellable

 

trouble

 

wisely

 

ordained

 
succeeding
 

expense