HIGH COURT OF MADRAS. 



29 



best the Charter should pass immediately by the King under 

 the Great Seal of England : — His Majestie asked the Governor 

 his opinion, who replied that what His Majesty thought best 

 the Company would always think so, but, if His Majestie 

 expected the Governor's private opinion, he had ever been of 

 opinion that no person in India should be employed by imme- 

 diate commission from His Majestie, because, if they were, they 

 would be prejudicial! to our service by their arrogancy and 

 prejudicial! to themselves, because the wind of extraordinary 

 honour in their heads would probably make them so haughty 

 and overbearing that we should be forced to remove them ; and 

 he instanced particularly Sir John Wyborne and Dr. John St. 

 John : — In conclusion His Majestie, did so apprehend it as to 

 think it best that the Charter should go under our own seale, 

 because the Corporation must be always in some measure subject 

 to the control of our President and Council ; and so at length it 

 was agreed and the Charter is now engrossing." 10 



The lawyer was probably thinking of Sutton's case 11 relating 

 to the foundation of the Charter-house in London, where it 

 was, perhaps rather too broadly, laid down that the King by 

 virtue of his prerogative is the only person that can erect 

 either an ecclesiastical or lay Corporation. Sutton's case itself 

 established an exception to the rule, and there are many 

 instances in which Charters of incorporation, and even 

 Charters of municipal incorporation, have been granted by 

 subjects having jura regalia. Corporations have also, at 

 various early periods of our history, exercised the right of 

 constituting other Corporations. 12 



Be that as it may however, the Charter of 30th December 

 1687 can hardly be considered an attempt to encroach upon 



10 Bruce's Annals, vol. ii, pp. 585, 588, 590. 



11 10 Coke's Reports, 33b. See also Bacon's Abridgment, Corporation, B; 

 and Oomyn's Digest, Franchise, F. 5, where it is said that the King by 

 Charter to the East India Company may enable them to constitute such 

 persons who shall be incorporated. 



12 Grant's Law of Corporations, p. 11. 



