Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/487

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
Ch. 18.
of Persons.
471

town or particular diſtrict, as a mayor and commonalty, bailiff and burgeſſes, or the like: ſome for the advancement and regulation of manufactures and commerce; as the trading companies of London, and other towns: and ſome for the better carrying on of divers ſpecial purpoſes; as churchwardens, for conſervation of the goods of the pariſh; the college of phyſicians and company of ſurgeons in London, for the improvement of the medical ſcience; the royal ſociety, for the advancement of natural knowlege; and the ſociety of antiquarians, for promoting the ſtudy of antiquities. And among theſe I am inclined to think the general corporate bodies of the univerſities of Oxford and Cambridge muſt be ranked: for it is clear they are not ſpiritual or eccleſiaſtical corporations, being compoſed of more laymen than clergy: neither are they eleemoſynary foundations, though ſtipends are annexed to particular magiſtrates and profeſſors, any more than other corporations where the acting officers have ſtanding ſalaries; for theſe are rewards pro opera et labore, not charitable donations only, ſince every ſtipend is preceded by ſervice and duty: they ſeem therefore to be merely civil corporations. The eleemoſynary ſort are ſuch as are conſtituted for the perpetual diſtribution of the free alms, or bounty, of the founder of them to ſuch perſons as he has directed. Of this kind are all hoſpitals for the maintenance of the poor, ſick, and impotent; and all colleges, both in our univerſities and out[1] of them: which colleges are founded for two purpoſes; 1. For the promotion of piety and learning by proper regulations and ordinances. 2. For imparting aſſiſtance to the members of thoſe bodies, in order to enable them to proſecute their devotion and ſtudies with greater eaſe and aſſiduity. And all theſe eleemoſynary corporations are, ſtrictly ſpeaking, lay and not eccleſiaſtical, even though compoſed of eccleſiaſtical perſons[2], and although they in ſome things partake of the nature, privileges, and reſtrictions of eccleſiaſtical bodies.

  1. Such as at Mancheſter, Eton, Wincheſter, &c.
  2. 1 Lord Raym. 6.
Having