[p] Gild signified among the Saxons a fraternity, derived from the verb
to pay, because every man paid his share towards the expenses of the community. And hence their place of meeting is frequently called the Gild-hall.
[q] 10 Rep. 30. 1 Roll. Abr. 513.
The parliament, we observed, by it's absolute and transcendent authority, may perform this, or any other act whatsoever: and actually did perform it to a great extent, by statute 39 Eliz. c. 5. which incorporated all hospitals and houses of correction founded by charitable persons, without farther trouble: and the same has been done in other cases of charitable foundations. But otherwise it is not usual thus to intrench upon the prerogative of the crown, and the king may prevent it when he pleases. And, in the particular instance before-mentioned, it was done, as sir Edward Coke observes[r], to avoid the charges of incorporation and licences of mortmain in small benefactions; which in his days were grown so great, that it discouraged many men to undertake these pious and charitable works.
[r] 2 Inst. 722.
The king may grant to a subject the power of erecting corporations[], though the contrary was formerly held[t]: that is, he may permit the subject to name the persons and powers of the corporation at his pleasure; but it is really the king that erects, and the subject is but the instrument: for though none but the king can make a corporation, yet qui facit per alium, facit per se[v]. In this manner the chancellor of the university of Oxford has power by charter to erect corporations; and has actually often exerted it, in the erection of several matriculated companies, now subsisting, of tradesmen subservient to the students.
[] Bro. Abr. tit. Prerog. 53. Viner. Prerog. 88. pl. 16.
[t] Yearbook, 2 Hen. VII. 13.
[v] 10 Rep. 33.