it's inſtitution. Neither can it be committed to priſon[1]; 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[2]. Neither can a corporation be excommunicated; for it has no ſoul, as is gravely obſerved by ſir Edward Coke[3]: and therefore alſo it is not liable to be ſummoned into the eccleſiaſtical courts upon any account; for thoſe courts act only pro ſalute animae, and their ſentences can only be enforced 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.
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[4]: 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[5]. 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[6]. But there may be a cor-
