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Greystock, and affigned to each of the priests five marks per annum, befide their bed and chamber, and to the master 40l. per annum; and it was certified into the book of first fruits and tenths, that this college was in being within five years before the making of the ftatute; and it was refolved, "by the justices," that this reputative college was not given to the King, by that ftatute, because it wanted a lawful beginning, and the countenance alfo of a lawful commencement, for that the Pope could not found or incorporate a college within this realm, nor affign, nor licence others to affign, temporal livings to it; but that it ought to be done by the King himself, and by no other.

BUT if the college had the countenance of a lawful commencement, as Sir Edward Coke expreffes it, then it was held that, by that ftatute, it was given to the King.

THUS, in the cafe of the college of Landwybrevy (a); where it appeared that King Edward the firft, in the 12th year of his reign, by his letters patent under the great feal, granted to Thomas Beale, then bishop of St. David's, and his fucceffors, the advowfon of thirty-four churches, in Wales, within his diocese, to hold of the King and his fucceffors, fo that the bishop and his fucceffors might appropriate them, or any of them, to their churches of St. David's and Aberguelley, or make and annex prebends of them in the faid churches of St. David's and Aberguelley, as to them should feem moft convenient; and three years after, the bishop, by the King's affent, as he affirmed in his inftrument, out of the chapter of St. David's, erected and established a college, or church collegiate, in Landwybrevy, being one of the thirty-four churches, and ordained thirteen canons fecular there, namely, five priests, four deacons, and

(a) Dyer 267, pl. 12, 13, cited 4 Co. 107, 108, vid. Hob. 123.

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four fubdeacons, and annexed and appropriated thirteen of the faid churches to them, as prebends, referving to the bishop himself and his fucceffors, as deans, a place in the choir, and voice in the chapter, and also the power of vifitation and correction; in which, fays Lord Coke, the bishop did not pursue the authority and power given him by the letters patent, for, by them, no power was given him to found fuch college: and afterwards King Edward the third, by his letters patent, reciting the faid foundation and erection of the faid college, and all other the premises, with some doubt of the validity of it, by the same letters patent, granted and confirmed to the then bishop of St. David's and his fucceffors, all that which his faid predeceffor had done in the premiffes, notwithstanding the statute of mortmain, or any other ftatute: and though this college was erected or founded, and the appropriations made without the King's licence, and the grant and confirmation made to the bishop and his fucceffors, could not make the college good in law, as it wanted lawful erection and foundation yet, as it had continued a college in reputation till the 1 E. 6, and had the countenance of the King's letters patent, though they had not effect, the juftices held, that it was given to the King by the provisions of this act.

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BUT, during the times of Popery, even long after the King's confent was thought neceffary to the erection of a corporation, it was held, that that confent was not fufficient, without the concurrence of the Pope, to found an abbey or a convent (a).

IN the more ancient books, we find several inftances of private companies of trades within a corporate town, claiming to act as corporations erected by the authority of

(a) Vid. 14 H. 8. 2. 29. Bro. Corpor. 34, and Jenkin's Centuries, 205.

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the general corporation of the town in which they claim to act; but it is on all fuch occafions uniformly decided, that no commonalty or corporation can make another corporation or commonalty, either by usage or prescription, or by any other means than by the authority of the King's charter empowering them to do so, by exprefs words (a).

BUT it is admitted (b), that the mayor and commonalty of London may make a fraternity or company within the city, which, however, will be no more than a voluntary affociation, from which each of the members may retire whenever he pleases.

AND in later times, it is faid by the court, that, "though the city of London cannot make a corporation, as that can only be created by the crown; yet they may make a fra, ternity or fellowship:" and the court thus diftinguishes between a corporation and a fraternity, "that a corporation is properly an invefting of the people of the place with the local government thereof, and therefore their laws fhall bind strangers; but that a fraternity is fome people of a place united together in refpect of a myftery and business, into a company, and their laws and ordinances cannot bind ftrangers, because they have not a local power or government" (c).

THIS diftinction, however, is certainly made in very inaccurate terms; it feems to imply, that the name of corporation, and the powers belonging to fuch a body, can be enjoyed only by a corporation invested with the "local government" of a place, and that all the companies of trades within towns and cities, are only voluntary associations, and can exercise no corporate powers, which is

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certainly not true; for when fuch companies are incorporated by the King's charter, they are as much corporations, as the general corporate body of the town or city in which they are. But the true diftinction feems to be this, that a company incorporated by the King's charter, can act as a corporation by its own intrinfic powers without the affiftance or protection of the corporation of the town; but that a company established by the authority of the mayor and commonalty of London, though allowed to be a legal institution, cannot act of itself as a corporation, but its members must affert their claim of privileges under the prescriptive right of the mayor and commonalty to establish such a company: a distinction which feems to be fupported by the following cafes.

A BYE law was made in the city of London, reciting, that the company of minftrels were an ancient company, and that great mischief and debauchery had happened, on account of several foreigners having set up dancing schools; for which reafon, it was ordered, that all perfons using those arts, not being free of that company, fhould, on notice, by fummons of the beadle, accept their freedom, under a penalty of 10l. one half to the mayor and commonalty, and the other half to the company of muficmafters. The court held, that a bye law which obliged dancing mafters to be of the company of musicians, could not be good: and Holt C. J. faid, the musicians were no corporation; they were a brotherhood or club, to meet and drink and talk together, and no more; the city might make a guild or fraternity of dancing mafters, though they could not make a corporation, and then it were reasonable to oblige the dancing mafters to be of that company, though they could not oblige them to be of a company foreign to their profeffion (a).

(a) Comb. 372, 373.

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To a habeas corpus directed to the court of the mayor

of London, the custom of London was returned, "that the porterage from any veffel on the river, and the meterage of corn, roots, &c. imported or exported, belonged to the city, upwards from Staines-bridge to London-bridge, and downwards as far as Yendal in Kent; and also another cuftom to make bye laws, confirmed by Richard the second, where any of their cuftoms wanted a fuitable remedy." And further, "that in the eighteenth year of King James the first, a bye law was made by the corporation, that the corn porters fhould be a company, with twenty-four affiftants, who fhould be called free porters, and should work at a particular fettled rate; and that none but the free porters should intermeddle in importing or exporting any corn, roots, &c. within the limits mentioned in the custom, on pain of zos. for every offence, except in time of danger or urgent neceffity, or in the cafe of perishable goods, the forfeiture to be recovered by action, in the name of the chamberlain, and four hundred porters were appointed for the future; and, that the free porters had ever fince used and exercised this bye law, till the defendant intruded by carrying barley, though a free porter was prefent, by which he forfeited zos. which the plaintiff, as chamberlain, was intitled to have, and for which he fued in the mayor's court" (a).

AFTER a long argument on the validity of the custom, and the bye law, as founded on it, the court held both to be good, and, of course, recognized the power of the city of London to establish such a company, and the manner of enforcing the privileges of its members (b).

(a) Fazakerley v. Wiltshire. 1 Str. 462.

(b) Vid. tit. Bye Law.

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