signified among the Saxons a fraternity, derived
from the verb [Anglo-Saxon: gildan] to pay, because every man paid his
share towards the expenses of the community. And hence their place of
meeting is frequently called the _Gild-hall_.]

[Footnote q: 10 Rep. 30. 1 Roll. Abr. 513.]

THE parliament, we observed, by it's absolute and transcendent
authority, may perform this, or any other act whatsoever: and actually
did perform it to a great extent, by statute 39 Eliz. c. 5. which
incorporated all hospitals and houses of correction founded by
charitable persons, without farther trouble: and the same has been
done in other cases of charitable foundations. But otherwise it is not
usual thus to intrench upon the prerogative of the crown, and the king
may prevent it when he pleases. And, in the particular instance
before-mentioned, it was done, as sir Edward Coke observes[r], to
avoid the charges of incorporation and licences of mortmain in small
benefactions; which in his days were grown so great, that it
discouraged many men to undertake these pious and charitable works.

[Footnote r: 2 Inst. 722.]

THE king may grant to a subject the power of erecting corporations[s],
though the contrary was formerly held[t]: that is, he may permit the
subject to name the persons and powers of the corporation at his
pleasure; but it is really the king that erects, and the subject is
but the instrument: for though none but the king can make a
corporation, yet _qui facit per alium, facit per se_[v]. In this
manner the chancellor of the university of Oxford has power by charter
to erect corporations; and has actually often exerted it, in the
erection of several matriculated companies, now subsisting, of
tradesmen subservient to the students.

[Footnote s: Bro. _Abr. tit. Prerog._ 53. Viner. _Prerog._ 88. pl.
16.]

[Footnote t: Yearbook, 2 Hen. VII. 13.]

[Footnote v: 10 Rep. 33.]

WHEN a corporation is erected, a name must be given it; and by that
name alone it must sue, and be sued, and do all legal acts; though a
very minute variation therein is not material[u]. Such name is the
very being of it's constitution; and, though it is the will of the
king that erects the corporation, yet the name is the knot of it's
combination, without which it could not perform it's corporate
functions[w]. The name of incorporation, says sir Edward Coke, is as
a proper name, or name of baptism; and therefore when a private
founder gives his college or