ts act
only _pro salute animae_, and their sentences can only be inforced by
spiritual censures: a consideration, which, carried to it's full
extent, would alone demonstrate the impropriety of these courts
interfering in any temporal rights whatsoever.
[Footnote f: 10 Rep. 32.]
[Footnote g: Bro. _Abr. tit. Corporation._ 63.]
[Footnote h: 10 Rep. 32.]
[Footnote i: The civil law also ordains that, in any misbehaviour of a
body corporate, the directors only shall be answerable in their
personal capacity, and not the corporation. _Ff._ 4. 3. 15.]
[Footnote k: Plowd. 538.]
[Footnote l: Bro. _Abr. tit. Corporation._ 11. _Outlawry._ 72.]
[Footnote m: 10 Rep. 32.]
THERE are also other incidents and powers, which belong to some sort
of corporations, and not to others. An aggregate corporation may take
goods and chattels for the benefit of themselves and their successors,
but a sole corporation cannot[n]: for such moveable property is liable
to be lost or imbezzled, and would raise a multitude of disputes
between the successor and executor; which the law is careful to avoid.
In ecclesiastical and eleemosynary foundations, the king or the
founder may give them rules, laws, statutes, and ordinances, which
they are bound to observe: but corporations merely lay, constituted
for civil purposes, are subject to no particular statutes; but to the
common law, and to their own by-laws, not contrary to the laws of the
realm[o]. Aggregate corporations also, that have by their constitution
a head, as a dean, warden, master, or the like, cannot do any acts
during the vacancy of the headship, except only appointing another:
neither are they then capable of receiving a grant; for such
corporation is incomplete without a head[p]. But there may be a
corporation aggregate constituted without a head[q]: as the
collegiate church of Southwell in Nottinghamshire, which consists only
of prebendaries; and the governors of the Charter-house, London, who
have no president or superior, but are all of equal authority. In
aggregate corporations also, the act of the major part is esteemed the
act of the whole[r]. By the civil law this major part must have
consisted of two thirds of the whole; else no act could be
performed[s]: which perhaps may be one reason why they required three
at least to make a corporation. But, with us, _any_ majority is
sufficient to determine the act of the whole body. And whereas,
notwithstanding the law stood thus
|