eir circuits[e]. These five powers are inseparably incident to every
corporation, at least to every corporation _aggregate_: for two of
them, though they may be practised, yet are very unnecessary to a
corporation _sole_; viz. to have a corporate seal to testify his sole
assent, and to make statutes for the regulation of his own conduct.
[Footnote y: 10 Rep. 30. Hob. 211.]
[Footnote z: 10 Rep. 26.]
[Footnote a: 1 Roll. Abr. 514.]
[Footnote b: Dav. 44. 48.]
[Footnote c: Hob. 211.]
[Footnote d: _Sodales legem quam volent, dum ne quid ex publica lege
corrumpant, sibi ferunto._]
[Footnote e: Stat. 19 Hen. VII. c. 7.]
THERE are also certain privileges and disabilities that attend an
aggregate corporation, and are not applicable to such as are sole; the
reason of them ceasing, and of course the law. It must always appear
by attorney; for it cannot appear in person, being, as sir Edward Coke
says[f], invisible, and existing only in intendment and consideration
of law. It can neither maintain, or be made defendant to, an action of
battery or such like personal injuries; for a corporation can neither
beat, nor be beaten, in it's body politic[g]. A corporation cannot
commit treason, or felony, or other crime, in it's corporate
capacity[h]: though it's members may, in their distinct individual
capacities. Neither is it capable of suffering a traitor's, or felon's
punishment, for it is not liable to corporal penalties, nor to
attainder, forfeiture, or corruption of blood[i]. It cannot be
executor or administrator, or perform any personal duties; for it
cannot take an oath for the due execution of the office. It cannot be
a trustee; for such kind of confidence is foreign to the ends of it's
institution: neither can it be compelled to perform such trust,
because it cannot be committed to prison[k]; for it's existence being
ideal, no man can apprehend or arrest it. And therefore also it cannot
be outlawed; for outlawry always supposes a precedent right of
arresting, which has been defeated by the parties absconding, and that
also a corporation cannot do: for which reasons the proceedings to
compel a corporation to appear to any suit by attorney are always by
distress on their lands and goods[l]. Neither can a corporation be
excommunicated; for it has no soul, as is gravely observed by sir
Edward Coke[m]: and therefore also it is not liable to be summoned
into the ecclesiastical courts upon any account; for those cour
|