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A93109 Of corporations, fraternities, and guilds. Or, a discourse, wherein the learning of the law touching bodies-politique is unfolded, shewing the use and necessity of that invention, the antiquity, various kinds, order and government of the same. Necessary to be known not only of all members and dependants of such bodies; but of all the professours of our common law. With forms and presidents, of charters of corporation. / By William Shepheard, serjeant at law. Sheppard, William, d. 1675? 1659 (1659) Wing S3195; Thomason E1912_2; ESTC R203559 65,245 193

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OF CORPORATIONS FRATERNITIES AND GUILDS Or a Discourse wherein The LEARNING of the LAW touching Bodies-Politique is unfolded shewing the USE and NECESSITY of that Invention the Antiquity various Kinds Order and Government of the same Necessary to be known not only of all Members and Dependants of such Bodies but of all the professours of our Common Law WITH Forms and Presidents OF Charters of Corporation By William Shepheard Serjeant at Law London Printed for H. Twyford T. Dring and J. Place and are to be sold at their Shops in Vine-Court Middle-Temple at the George in Fleet-Street and at Furnivals Inne-Gate in Halborne 1659. TO HIS Dear Country-men My good Friends THe Soveraignty which is placed in Man over the rest of the Creatures is deriv'd from the sole advantage of his Reason for in Corporeal power he is much inferiour to many The Excellency of Reason consists in fitting Laws and Polities for our better Government and the best of Polities is that Invention whereby men have bin fram'd into Corporations Guilds or Fraternities For whereas other Laws are adapted but for the benefit of Individuals this has a more noble end and if it were possible would preserve the Species and although Art cannot altogether arive at the perfection of Nature yet has it in this shew'd a fair Adumbration and given to man the nearest resemblance of his maker that is to be in a sort immortal And for the Utility that has by this Invention accrued to mankind it may be collected not only from the frequent usage of it amongst the Greeks Romans and afterwards in the German Empire but also which is best known to English men from our own Practise How many Cities and Burrouhgs are there in this Nation whose flourishing estate depends merely upon the antiquity of their Incorporation I thought therefore that nothing would be more acceptable to my Country men than a discourse in this kind of Learning the rather because no mans pen amongst us has bin employ'd on this subject before but I have the confidence to think it has something to commend it besides the Novelty and it is the opinion also of those that deserve the greatest Credit Your affectionate Country man W. S. THE Contents of the Book SECT I. WHat Corporation is and the kinds thereof SECT II. Who may make it and how it is to be made SECT III. What persons may be Incorporated SECT IV. By what name such persons may be Incorporated SECT V. In what place a Corporation may be made SECT VI. By what words a Corporation may be made SECT VII The Charter for Corporations divided in two parts and opened SECT VIII What Ordinances a Corporation may make SECT IX The nature of a Corporation And what it may have hold and do And how OF Corporations SECT I. Of a Corporation or an Incorporation what it is and the kinds of it A Corporation or an Incorporation which is all one is a Body in fiction of Law or a Body Politick that indureth in perpetuall succession And herein we are to know That our Law doth take notice of a Body Naturall and a Body Politick The Bodies politick whereof the Law hath taken notice are some of them gone as Abbeys Priories Deaneries and the like And some do continue still They are said to be some of them Ecclesiastical or spiritual And some of them are said to be Civil or Temporal and some of them are said to be Mixt. And this politick body is either of Single or of one person one person onely and so the King was and Lord Protector is a Body politick So the Bishops Deans Prebends and Canons of Churches were and the Heads of some Hospitals and Alme-Houses which go by succession in one person and some Chaplains of Chappell 's and all Parsons and Vicars at this day are Bodies Politick Or it is Aggregate of many persons of many persons together So Majors and Cominalties and all such kind of Corporations Masters and Fellowes of Colledges and some Guardians and Masters of Hospitals and divers others where the succession is in many persons are said to be Bodies politick So also the Parishioners or Neighbours in a Parish Village or Town and the Church-wardens of every Parish some purposes are in the eye of the Law Corporations aggregate of many persons Our purpose here is not to say any thing to any bodies politick in one person or gone but only to Corporations aggregate of many persons and yet continuing as Major and Cominalties Masters and Fellows of Colledges and Houses Masters and Guardians of Hospitals their Houses and such like persons Houses and Places and especially of the first sort of bodies politick Majors and Cominalties and such Corporations And so we say A Corporation is a body politick Authorized by the Lord Protector 's Charter to have a Common Seal Head-Officer or Officers and Members all which together are able by their Common consent to grant give receive or take any thing within the Compasse of their Charter or to sue and be sued as any one man may do or be Or they are said to be An Assembly or Cominalty of many men gathered or joyned together in a City Town or Burrough into one fellowship Brotherhood or Mind by mutual consent to support the Common Charge each of other and to live under such Laws as they shall agree upon to make to be governed by for their mutuall good and advantage in a perpetuall succession These are also sometimes more general as where a whole Town is Incorporate and many Franchises granted to it Or more special as where a Company of Trades-men onely in a Town is Incorporate and some one or few special Franchises are granted to them for the better ordering of their Trade These and such like Corporations of Cities and Towns are called Guilds Fraternities Companies Companies Corporate Companies Incorporate Brotherhoods Fellowships and Bodies Corporate Coo. 10. 29. 11. 66. Coo. upon Littl. 250. 94. 95. 34. 14. H. 8. 3. Coo. 11. 20. 67. 7. 75. Plow 457. 102. 409. 537. 12 H. 7. 29. Coo. Inst part 1. 66. 6. 3. SECT II. What things are Requisite to the making of a good Corporation and are of the Essence of it There are certain things said to be of the Essence and requisite to be had and found in the case of every Corporation well made and without which it cannot be a good Corporation As 1. There must be a good and Lawful Authority and Warrant Lawful Authority for it for the Erecting of it And for this we are to know that a Corporation or body politick may be made four manner of wayes or by four meanes 1. By the Common Law so the King was and Lord Protector By Common Law is and many others are Bodies politick 2. By Authority of Parliament so the Colledge of Physitians By Parliament in 14. H. 8. Chap. 5. was made a Corporation And so Suttons Hospital was intended to be made And