money, and put it up; because, when put up, it was confecrated to the church (a). So, if a man take the organs out of the church, they may have an action of trefpafs for it; for the organs belong to the parishioners and not to the parfon (b). So, the churchwardens, by the affent of the parishioners, may take a ruinous bell, and deliver it to a bell-founder, and agree that he fhall have a certain fum for cafting it, on which the bell-founder may retain the bell till he be paid; and this agreement fhall excufe the churchwardens in a writ of account brought against them by their fucceffors; because the parishioners are a corporation for the difpofal of fuch perfonal things as belong to the church (c). So, with the like confent of the parishioners, they may take ftones belonging to the church, and empower a builder, with part of them, to repair a ruinous window, retaining the refidue to himself, in fatisfaction of his labour and expences (d): fo, they may have an appeal of robbery, or an action of trespass, for those things of which they have the cuftody, and count to the damage of the parishioners (e): but they cannot give or release them, for that is to the disadvan

(a) Vid. 11 H. 4, 12.

(b) 1 Roll. 393.

(c) Inter Methold et Winn, 1 Rol. 393. M. 37, 38. El. B. R. (d) Id. ibid. (e) Vid. Finch's Law, 178, and the authorities

there cited. Leon. 177. Comb. 417. 1 Vent. 89.

tage

tage of the church; and if they do, the parish may choose new churhwardens, who shall have an account against them (a): but if a feoffment be made to the use of the churchwardens, it is void, for they have no capacity for fuch a purpose. So a devife or a gift of land to the parishioners is not good; nor can the churchwardens prescribe to have lands to them and their fucceffors, for they are not a corporation to have lands (b), neither does their capacity extend to take an obligation to them and their fucceffors (c): neither is a gift by them of goods in their cuftody good, without the affent of the fidemen or veftry (d): and the corporate capacity is in the churchwardens jointly, and therefore the one, without the other, cannot give away the goods of the church, nor release cofts to which they are entitled (e). But though the corporate capacity of churchwardens be, in general, thus limited, yet by letters patent they may, in particular cafes, have a more enlarged capacity. Thus, in the cafe of St. Saviour's, Southwark, it was granted, by letters patent, before the 33 of Elizabeth, that the parishioners, or the greater number of them, should annually

(a) Finch, 179, &c.

(b) Vid. 37 H. 6, 30. Bro. Corpor. 77. 12 H. 7, 27. Bro Corpor. 84. 17 H. 7, 27. b. 1 Rol. 393. (c) 20 Ed. 4, 2 Bro. Corpor. 60.

(d) 1 Rol. 393.

(e) Cro. Jac. 234.

elect

elect two churchwardens, and that they and their fucceffors fhould be a corporation, with capacity to take, purchase, and fell: fo the King granted that the parishioners of Wallingford fhould be a corporation to bargain and fell; and in confequence, they or the greater number were accuftomed to make leafes and estates (a); and by custom in fome places, as in London, the parfon and churchwardens are a corporation to purchase lands, and to demife them (b): fo by ftatute the 9 G. 1, c. 7, the churchwardens and overfeers of the poor are enabled to purchase a workhouse for the use of the poor.

How a CORPORATION is compofed.

A CORPORATION is ufually compofed of natural perfons, merely in their natural capacity; but it may also be composed of perfons in their political capacity of members of other corporations (c): Thus, by a charter of Edward the fixth, the mayor, citizens, and commonalty of London are appointed governors of Chrift's Hospital of Bridewell, and incorporated by the name of the Governors of the poffeffions, revenues, and goods of the Hospital of Edward the fixth King of England, of Christ Bridewell (d).

(a) Lane, 21. 10 Co. 66. (c) 10 Co. 29 b.

(b) Cro. Jac. 532.

(d) 10 Co. 31 b.

So,

So, a man, who forms a component part of a corporation aggregate, may have, to fome purpofes, a diftinct corporate capacity; thus a dean and chapter form one corporation aggregate; but in many cases both dean and prebendaries have diftinct rights as corporations fole; each may have peculiar revenues, appropriated to him and his fucceffors in his political capacity; and the prebendaries alone, without the dean, may also form one aggregate corporation diftinct from that of dean and chapter (a).

SOMETHING fimilar to this obtained with respect to abbies and priories, before the diffolution of monafteries of the former there was but one kind, every house being independent; but of the latter there were two kinds: firft, thofe where the prior was chief governor, as fully as any abbot in his abby, and was chofen by the convent: fecondly, those where the priory was a cell, fubordinate to fome great abby, and the prior was placed and displaced at the will of the abbot. But there was a confiderable difference between fome of thefe cells; for fome were altogether fubject to their respective abbies, who fent them what officers and monks they pleased, and took their revenues into the common ftock of the abbies: but others confifted of a stated number of monks, who had a

(a) 9 Ed. 3, 18 b. 14 H. 4, 10 b. 20 Ed. 4, 2. 10 Co. 31 b.

prior fent them from the abby, and paid a pension yearly, as an acknowledgement of their fubjection, but acted in other matters as an independent body, and had the rest of the revenues for their own ufe (a).

THUS, the poffeffions of the abbot and prior of Westminster were feveral, and there have been inftances of the prior having brought a Quare impedit against the abbot, though it is faid, "that this must have been by virtue of the King's charter, because a corporation cannot be divided into two corporations, but by the King's grant” (b).

So, a writ having been brought by a prior, the defendant pleaded that the plaintiff was a monk profeffed, under the obedience of one B. abbot of S. to which the plaintiff replied, that he and his predeceffors, priors, had impleaded and been impleaded, and had answered and been anfwered, without their fovereign, for time immemorial, and this was held good, and inftances mentioned of feveral priors having been impleaded without their fovereign, notwithstanding that they were removeable at his will (c).

So, alfo, feveral diftinct and independent corporations may form the component parts of one

(a) Burn's Ecclef. Law. tit. Monasteries. f. 7.

(b) 49 Aff. pl. 8. Bro. Corpor. 45.

(c) 12 Ed. 4, 17 b. Corpor. 70.

Bro. Corpor. 57. vid. 14 H. 4, 10. Bro.

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