Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/486

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470
The Rights
Book 1.

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, where veſted in the then parſon by the bounty of the donor, as a temporal recompenſe 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 other alſo.

Another diviſion of corporations, either ſole or aggregate, is into eccleſiaſtical and lay. Eccleſiaſtical corporations are where the members that compoſe it are entirely ſpiritual perſons; ſuch as biſhops; certain deans, and prebendaries; all archdeacons, parſons, and vicars; which are ſole corporations: deans and chapters at preſent, and formerly prior and convent, abbot and monks, and the like, bodies aggregate. Theſe are erected for the furtherance of religion, and perpetuating the rights of the church. Lay corporations are of two ſorts, civil and eleemoſynary. The civil are ſuch as are erected for a variety of temporal purpoſes. The king, for inſtance, is made a corporation to prevent in general the poſſibility of an interregnum or vacancy of the throne, and to preſerve the poſſeſſions of the crown entire; for, immediately upon the demiſe of one king, his ſucceſſor is, as we have formerly ſeen, in full poſſeſſion of the regal rights and dignity. Other lay corporations are erected for the good government of a

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