FREE BOOKS

Author's List




PREV.   NEXT  
|<   99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123  
124   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   >>   >|  
to the amount of their aliquot share of stock, or often not at all. Corporations may dissolve, and be reborn, divide, and reunite, swallow up other corporations or often other persons. Individuals cannot do so except by the easily broken bond of co-partnership. Trading corporations for profit were _practically_ unknown to the Romans, or even to Continental countries--scholastic precedents and the Venetian _commendam_ to the contrary notwithstanding. They developed in England first out of the guild or out of the monastery; but the religious corporation, although regarded with great jealousy in the Statutes against Mortmain, which show that from the earliest times our ancestors feared the attribute of immortality that characterizes the corporation, have never had the principle of limited, or no, personal liability. That, indeed, is said to have been invented by the State of Connecticut (see below, chapter 10). They were, however, often clothed with monopoly. In 1643 we find the Fellowship of Merchant Adventurers of England, a business corporation, with power to levy money on the members, and exclusive powers to trade in its own products, which seem to have been clothing and woollen manufactures. We have already mentioned the earlier charter to the Eastland merchants. Mr. James Bryce has pointed out to me that the objection of monopoly would not have been felt so much to apply to a corporation chartered only for purposes of trade out of England. It would seem, therefore, that the invention and growth of the secular corporation was an accident of the legislation of Queen Elizabeth's time; and arose rather from this desire to get a monopoly, than from any conscious copying of the trade guilds, still less the religious corporations of earlier dates; for the trade guilds were nothing but a more or less voluntary association of men bound together in a very indefinite bond, hardly more of a permanent effective body than any changing group of men, such as a political party is, from year to year; the only bond between them being that they happen at some particular time to exercise a certain claim at a certain place; and even the trade guilds, as we know, had somewhat the course of a modern corporation. They became overgrown, aristocratic, swollen in fortune, and monopolistic in tendency. To some extent in the English cities and towns, and still more in France, they became tyrannous. And in the previous reign of Henry VIII all re
PREV.   NEXT  
|<   99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123  
124   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   >>   >|  



Top keywords:
corporation
 

England

 

guilds

 
corporations
 

monopoly

 
religious
 

earlier

 

accident

 

secular

 

invention


growth

 
aristocratic
 

Elizabeth

 

desire

 

legislation

 

purposes

 

monopolistic

 

pointed

 

tendency

 
Eastland

merchants

 

objection

 
chartered
 

swollen

 

overgrown

 

fortune

 

conscious

 
exercise
 

changing

 
charter

permanent

 

effective

 

tyrannous

 

political

 
cities
 

France

 

indefinite

 
modern
 

happen

 

copying


previous

 
voluntary
 

English

 

association

 

extent

 

business

 

precedents

 

scholastic

 

Venetian

 

commendam