Alphabet fonts4/10/2023 ![]() If the college be reduced to one member, it becomes a virtual, not an actual, corporation. When a legally constituted college has been reduced to two members, one can elect the other as prelate. On the contrary, the canon law explicitly affirms that one surviving member can conserve the privileges of the corporate body, not for himself personally, but for the college. He does not mean to assert, however, that if a college be reduced to two members, it can not preserve its corporate rights. If, then, there be only two members and one be constituted the head, the other can not form the body, for the body requires several members, and the head is distinct from the body. Pirhing gives as the reason why two cannot constitute a college, that though it be not necessary that the college actually have a head, yet it must be at least capable of giving itself a presiding officer, or rector of the college. As a matter of fact, however, the pontiff is simply affirming that the right of election will remain with an already constituted college even though only two of its members remain after the death of the prelate. As congregation here evidently means college, these writers contend that two can therefore form a college. Matthew, xviii, 20, says that no presbyter is to be chosen for a church where two or three form the congregation, except by their canonical election. Some authors maintained that two were sufficient for the purpose, because Pope Innocent, alluding to St. ![]() Pirhing remarks that a community of priests attached to the same church do not form a college unless they are members of one body whose head is a prelate elected by that body.Īccording to canon law three persons are required to form a college. Thus, there are canonists who define university as a collection of bodies distinct from one another, but employing the same name specially conferred upon them. Some authors consider " university" and " community" as synonymous terms with college, but others insist that there are points of difference. By canonists, a college has been defined as a collection of several rational bodies forming one representative body. Most of the prescriptions of the ancient civil law were received into the law of the Roman Catholic Church and they are incorporated in the Corpus Juris Canonici. The early Roman Christians are said to have sometimes held church property during times of persecution under the title of collegium. others were for administrative purposes, as of quæstors, tribunes of the people others again were trade unions or guilds, as the colleges of bakers, carpenters. ![]() Some of these had a religious object, as the college of the Arval Brothers, of the Augurs, etc. Ĭolleges were formed among the ancient Romans for various purposes. The Roman collegium was never instituted as a corporation sole still, when reduced to one member, that individual succeeded to all the rights of the corporation and could employ its name. ![]() In case of failure this common property could be seized, but that of the individual members was not liable to seizure. The Colleges could hold property in common and could sue and be sued. There were, however, general laws under which colleges could be formed by private persons, and if the authorities judged that the members had conformed to the letter and spirit of these laws, they had incontestable rights as collegia legitima if the requisites were not adhered to they could be suppressed by administrative act. Legal incorporation was made, at least in some cases, by decrees of the Senate, edicts of the emperor, or by special laws. The Roman laws required at least three persons for constituting a college. Colleges existed among the Romans and Greeks from the earliest times.
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