Page:Prerogatives of the Crown.djvu/143

Ch. VIIL] Franchises. — Corporations, 123 existence, is undoubted; and was, so far back as the reign of Edward 3., allowed to have been long settled as clear law (a). There are indeed certain corporations which exist solely by force of the conunon law. Of this sort are the King himself, all bishops, parsons, vicars, churchwardens, and some others, who virtute officii are corporations (6) ; the law having affixed to their respective capacities from time immemorial, without any express power from the Crown, certain properties of a corporation. Even in corporations of this description, the King's consent is to be implied, at least as a member of the -community (c). A corporation by prescription, is a coi*poration which has existed from time immemorial, and of which it is impossible to shew the commencement, by any particular charter: as the city of London and many others (d). In this case the King's original consent is presumed, and it is supposed that the char- ter is lost or destroyed, by time or accident. The King's consent to the formation of a corporation is expressly given in the case of his granting a charter. This need not be done by any particular form of words, the usual expressions are " creamus^ erigimus, Jundamus, incorporamus " but any equivalent words, as constituimus^ &c. will suffice [e). A grant to a set of men that they may have " Gildam meicato- riam^^ a mercantile meeting or assembly, is sufficient to incor- porate them (/). So a gift of land from the King to the burgesses, citizens or commonalty, of such a place, was con- ceived to be sufficient to incorporate them under such collec- tive name [g]. And if the King grant to the men of Dale that they may elect a Mayor every year, and that they may plead and be impleaded by the name of Mayor and Commonalty ; this seems to be sufficient to incorporate them {h And there are m^ny instances of grants by charter to the inhabitants of a town, " that their town shall be a free borough," and that they shall enjoy various privileges and exemptions, without any (a) Bract, lib. 2. c. 24. f. bb, 6. 49 (c) 2 Rol. Ab. 197. 10 Co. 30. Edw.3j3,4. 49Ass.p.8. Bro.Ab.tit. Styles, 198. . Corpor. 15, Prescription, 15. 10 Co. (/) Ibid. 1 Rol. Ab. 513. 33, b. 1 Rol. 512. (ff) 7 Edw. 4. 14 Bro. Corpor. 54. (6) 1 Bla. Com. 473. 1 Kyd. 39, 40. (A) 21 Edw. 4. ^&. Bro. Corpor. 65 j (c) 1 Kyd. 41. but 21 Edw. 4, 57, b. seems contra. id]^ 2 InsU 330. direct