pond, doves in a dove-house, c. though in themfelves perfonal chattels, yet they are so annexed to and fo neceffary to the well-being of the inheritance, that they fhall accompany the land wherever it vefts, by either defcent or purchale. For this reafon alfo I apprehend it is, that the antient jewels of the crown are held to be heir-looms; for they are necessary to maintain the ftate, and support the dignity, of the fovereign for the time being. Charters likewife, and deeds, court rolls, and other evidences of the land, together with the chests in which they are contained, shall pafs together with the land to the heir, in the nature of heirlooms, and shall not go to the executor. By special custom alfo, in fome places, carriages, utenfils, and other houfehold implements, may be heir-looms'; but such custom must be strictly proved. On the other hand, by almost ge neral custom, whatever is strongly affixed to the freehold or inheritance, and cannot be fevered from thence without violence or damage, “ quod ab aedibus non facile revelliturs," is become a member of the inheritance, and fhall thereupon pass to the heir; as chimney-pieces, pumps, old fixed or dormant tables, benches, and the like (2). A very fimilar notion to which prevails in the duchy of Brabant; where they rank certain things moveable among those of the immoveable been many fruitless attempts to make pictures, plate, books, and household furniture, defcend to the heir with a family mansion. Where they are left to be enjoyed as heir-looms by the perfons who fhall respectively be in poffeffion of a certain house, or to defcend as heir-looms as far as courts of law and equity will admit, the abfolute intereft of them, fubject to the life-interefts of thofe who have life-eftates in the real property, will veft in that person who is entitled to the first eftate-tail or estate of inheritance, and upon his death that intereft will pafs to his perfonal reprefentative, 1 Bro. 274. 3 Bro. 101. (2) See p. 281, n. 10, ante, Kk4 kind, kind, calling them by a very particular appellation, praedia volantia, or volatile eftates: fuch as beds, tables, and other heavy implements of furniture, which (as an author of their own observes)" dignitatem iftam nacta funt, ut villis, fylvis, « et aedibus, aliifque praediis, comparentur ; quod folidiora mo"bilia ipfis aedibus ex deftinatione patrisfamilias cohaerere vi"deantur, et pro parte ipfarum aedium aeftimentur 1" OTHER perfonal chattels there are, which alfo defcend to the heir in the nature of heir-looms, as a monument or tombftone in a church, or the coat-armor of his ancestor there [ 429 ] hung up, with the pennons and other enfigns of honor, fuited to his degree. In this cafe, albeit the freehold of the church is in the parfon, and these are annexed to that freehold, yet cannot the parfon or any other take them away or deface them, but is liable to an action from the heir *. Pews in the church are fomewhat of the fame nature, which may defcend by custom immemorial (without any ecclefiaftical concurrence) from the ancestor to the heir' (3). But though the heir has a property in the monuments and efcutcheons of his ancestors, yet he has none in their bodies or afhes; nor can iStockmans de jure devolutionis. $16. 3. * 12 Rep. 105, Co. Litt. 18. (3) The right to fit in a particular pew in a church arifes either from prescription as appurtenant to a messuage, or from a faculty or grant from the ordinary, for he has the difpofition of all pews which are not claimed by prefcription. Gibf. Cod. 221. upon In an action the cafe for a disturbance of the enjoyment of a pew, if the plaintiff claims it by prescription, he must state it in the declaration as appurtenant to a meffuage in the parish. This prescription may be fupported by an enjoyment for thirty-fix years, and perhaps any time above twenty years. 1 T. R. 428. But where a pew was claimed as appurtenant to an antient messuage, and it was proved that it had been fo annexed for thirty years, but that it had no exiftence before that time, it was held this modern commencement defeated the prescriptive claim. 5 T. R. 296. In an action against the ordinary, the plaintiff must allege and prove repairs of the pew. 1 Wilf. 326. he bring any civil action against such as indecently at least, if not impiously, violate and disturb their remains, when dead and buried. The parfon indeed, who has the freehold of the foil, may bring an action of trespass against such as dig and disturb it: and, if any one in taking up a dead body steals the shroud or other apparel, it will be felony m; for the property thereof remains in the executor, or whoever was at the charge of the funeral (4). BUT to return to heir-looms: these, though they be mere chattels, yet cannot be devised away from the heir by will; but such a devife is void", even by a tenant in fee-fimple. For, though the owner might during his life have fold or difpofed of them, as he might of the timber of the eftate, fince, as the inheritance was his own, he might mangle or dismember it as he pleased; yet, they being at his death instantly vested in the heir, the devise (which is fubfequent, and not to take effect till after his death) fhall be poftponed to the custom, whereby they have already defcended. m 3 Inft. 110. 12 Rep. 113. 1 Hal. P. C. 515. ☐ Co. Litt. 185. (4) It has been determined, that ftealing dead bodies, though for the improvement of the science of anatomy, is an indictable offence as a misdemeanour; it being a practice contrary to common decency, and fhocking to the general sentiments and feeling of mankind. T. R. 733. CHAPTER THE TWENTY-NIN T H., OF TITLE BY SUCCESSION, MAR- IN N the prefent chapter we shall take into confideration three other species of title to goods and chattels. V. THE fifth method therefore of gaining a property in chattels, either personal or real, is by fucceffion: which is, in strictness of law, only applicable to corporations aggregate of many, as dean and chapter, mayor and commonalty, mafter and fellows, and the like; in which one fet of men may, by fucceeding another fet, acquire a property in all the goods, moveables, and other chattels of the corporation. The true reason whereof is, because in judgment of law a corporation never dies: and therefore the predeceffors, who lived a century ago, and their fucceffors now in being, are one and the fame body corporate. Which identity is a property fo inherent in the nature of a body politic, that, even when it is meant to give any thing to be taken in fucceffion by fuch a body, that fucceffion need not be expreffed: but the law will of itself imply it. So that a gift to fuch a corporation, either of lands or of chattels, without naming their fucceffors, vefts an absolute property in them so long as the corporation fubfifts". And thus a leafe for years, an obliga431tion, a jewel, a flock of sheep, or other chattel interest, will • Bro. Abr. t. eftates. 90. Cro. Eliz. 464. 24 Rep. 65. veft in the fucceffors, by fucceffion, as well as in the identical members, to whom it was originally given. BUT, with regard to fole corporations, a confiderable diftinction must be made. For if fuch fole corporation be the representative of a number of perfons; as the master of an hofpital, who is a corporation for the benefit of the poor brethren; an abbot, or prior, by the old law before the reformation, who reprefented the whole convent; or the dean of fome antient cathedral, who ftands in the place of, and represents in his corporate capacity, the chapter; fuch fole corporations as these have in this respect the fame powers, as corporations aggregate have, to take perfonal property or chattels in fucceffion. And therefore a bond to such a mafter, abbot, or dean, and his fucceffors, is good in law; and the fucceffor fhall have the advantage of it, for the benefit of the aggregate fociety, of which he is in law the reprefentative. Whereas in the cafe of fole corporations, which represent no others but themselves, as bishops, parsons, and the like, no chattel intereft can regularly go in fucceffion: and therefore, if a leafe for years be made to the bishop of Oxford and his fucceffors, in fuch cafe his executors or administrators, and not his succeffors, fhall have it". For the word fucceffors, when applied to a perfon in his political capacity, is equivalent to the word heirs in his natural; and as fuch a leafe for years, if made to John and his heirs, would not veft in his heirs but his executors; fo if it be made to John bishop of Oxford and his fucceffors, who are the heirs of his body politic, it fhall ftill veft in his executors and not in fuch his fucceffors. The reafon of this is obvious: for, befides that the law looks upon goods and chattels as of too low and perishable a nature to be limited either to heirs, or fuch fucceffors as are equivalent to heirs; it would also follow, that if any fuch chattel intereft (granted to a fole corporation and his fucceffors) were allowed to defcend to fuch fucceffor, the property thereof must be in abeyance from the death of the prefent owner until the fucceffor be appointed: [432] and this is contrary to the nature of a chattel interest, which Dyer 48. Cro. Eliz. 464. Co. Litt. 46. can |