Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/490

 474 parliament, we oberved, by it's abolute and trancendent authority, may perform this, or any other act whatoever: and actually did perform it to a great extent, by tatute 39 Eliz. c. 5. which incorporated all hopitals and houes of correction founded by charitable perons, without farther trouble: and the ame has been done in other caes of charitable foundations. But otherwie it is not uual thus to intrench upon the prerogative of the crown, and the king may prevent it when he pleaes. And, in the particular intance before-mentioned, it was done, as ir Edward Coke oberves, to avoid the charges of incorporation and licences of mortmain in mall benefactions; which in his days were grown o great, that they dicouraged many men from undertaking thee pious and charitable works.

king (it is aid) may grant to a ubject the power of erecting corporations, though the contrary was formerly held : that is, he may permit the ubject to name the perons and powers of the corporation at his pleaure; but it is really the king that erects, and the ubject is but the intrument: for though none but the king can make a corporation, yet qui facit per alium, facit per e. In this manner the chancellor of the univerity of Oxford has power by charter to erect corporations; and has actually often exerted it, in the erection of everal matriculated companies, now ubiting, of trademen ubervient to the tudents.

a corporation is erected, a name mut be given it, and by that name alone it mut ue, and be ued, and do all legal acts; though a very minute variation therein is not material. Such name is the very being of it's contitution; and, though it is the will of the king that erects the corporation, yet the name is the knot of it's combination, without which it could not perform it's corporate functions. The name of incorporation, ays Rh