![Magna Carta (British Library Cotton MS Augustus II](https://upload.wikimedia.org/wikipedia/commons/e/ee/Magna_Carta_%28British_Library_Cotton_MS_Augustus_II.106%29.jpg)
A charter is the grant of
authority
In the fields of sociology and political science, authority is the legitimate power of a person or group over other people. In a civil state, ''authority'' is practiced in ways such a judicial branch or an executive branch of government.''The N ...
or
rights
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical the ...
, stating that the granter formally recognizes the
prerogative
In law, a prerogative is an exclusive right bestowed by a government or state and invested in an individual or group, the content of which is separate from the body of rights enjoyed under the general law. It was a common facet of feudal law. The ...
of the recipient to exercise the rights specified. It is implicit that the granter retains superiority (or
sovereignty
Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...
), and that the recipient admits a limited (or inferior) status within the relationship, and it is within that sense that charters were historically granted, and it is that sense which is retained in modern usage of the term.
The word entered the
English language
English is a West Germanic language of the Indo-European language family, with its earliest forms spoken by the inhabitants of early medieval England. It is named after the Angles, one of the ancient Germanic peoples that migrated to the is ...
from the
Old French
Old French (, , ; Modern French: ) was the language spoken in most of the northern half of France from approximately the 8th to the 14th centuries. Rather than a unified language, Old French was a linkage of Romance dialects, mutually intelligib ...
''charte'', via
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
''charta'', and ultimately from
Greek
Greek may refer to:
Greece
Anything of, from, or related to Greece, a country in Southern Europe:
*Greeks, an ethnic group.
*Greek language, a branch of the Indo-European language family.
**Proto-Greek language, the assumed last common ancestor ...
χάρτης (''khartes'', meaning "layer of papyrus"). It has come to be synonymous with a document that sets out a grant of rights or privileges.
Other usages
The term is used for a special case (or as an exception) of an institutional charter. A
charter school
A charter school is a school that receives government funding but operates independently of the established state school system in which it is located. It is independent in the sense that it operates according to the basic principle of auto ...
, for example, is one that has different rules, regulations, and statutes from a state school.
Charter can be used as a synonym for "hire" or "lease", as in the "charter" of a
bus
A bus (contracted from omnibus, with variants multibus, motorbus, autobus, etc.) is a road vehicle that carries significantly more passengers than an average car or van. It is most commonly used in public transport, but is also in use for cha ...
or
boat
A boat is a watercraft of a large range of types and sizes, but generally smaller than a ship, which is distinguished by its larger size, shape, cargo or passenger capacity, or its ability to carry boats.
Small boats are typically found on inl ...
or
plane
Plane(s) most often refers to:
* Aero- or airplane, a powered, fixed-wing aircraft
* Plane (geometry), a flat, 2-dimensional surface
Plane or planes may also refer to:
Biology
* Plane (tree) or ''Platanus'', wetland native plant
* Planes (gen ...
.
A charter member (US English) of an organization is an original member; that is, one who became a member when the organization received its charter. A chartered member (British English) is a member who holds an
individual chartered designation authorized under that organization's royal charter.
Different types of charters
Anglo-Saxon charters
Anglo-Saxon
The Anglo-Saxons were a Cultural identity, cultural group who inhabited England in the Early Middle Ages. They traced their origins to settlers who came to Britain from mainland Europe in the 5th century. However, the ethnogenesis of the Anglo- ...
charters are documents from the
early medieval period
The Early Middle Ages (or early medieval period), sometimes controversially referred to as the Dark Ages (historiography), Dark Ages, is typically regarded by historians as lasting from the late 5th or early 6th century to the 10th century. They ...
in
Britain
Britain most often refers to:
* The United Kingdom, a sovereign state in Europe comprising the island of Great Britain, the north-eastern part of the island of Ireland and many smaller islands
* Great Britain, the largest island in the United King ...
which typically make a grant of
land
Land, also known as dry land, ground, or earth, is the solid terrestrial surface of the planet Earth that is not submerged by the ocean or other bodies of water. It makes up 29% of Earth's surface and includes the continents and various islan ...
or record a privilege. They are usually written on
parchment
Parchment is a writing material made from specially prepared untanned skins of animals—primarily sheep, calves, and goats. It has been used as a writing medium for over two millennia. Vellum is a finer quality parchment made from the skins of ...
, in
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
but often with sections in the vernacular, describing the bounds of estates, which often correspond closely to modern parish boundaries. The earliest surviving charters were drawn up in the 670s; the oldest surviving charters granted land to the
Church
Church may refer to:
Religion
* Church (building), a building for Christian religious activities
* Church (congregation), a local congregation of a Christian denomination
* Church service, a formalized period of Christian communal worship
* Chris ...
, but from the 8th century surviving charters were increasingly used to grant land to
lay people.
Charter colony
The
British Empire
The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts esta ...
used three main types of colonies as it sought to expand its territory to distant parts of the earth. These three types were royal colonies,
proprietary colonies
A proprietary colony was a type of English colony mostly in North America and in the Caribbean in the 17th century. In the British Empire, all land belonged to the monarch, and it was his/her prerogative to divide. Therefore, all colonial proper ...
, and corporate colonies. A charter colony by definition is a "colony chartered to an individual, trading company, etc., by the
British crown
The Crown is the state (polity), state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, British Overseas Territories, overseas territories, Provinces and territorie ...
."
charter colony - Definitions from Dictionary.com
/ref> Although charter colonies were not the most prevalent of the three types of colonies in the British Empire, they were by no means insignificant.
Congressional charter
A congressional charter is a law passed by the United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
that states the mission, authority, and activities of a group. Congress issued federal charters from 1791 until 1992 under Title 36 of the United States Code
The United States Code is the official compilation of the Federal laws of a general and permanent nature that are currently in force. Title 36 cover, "Patriotic and National Observances, Ceremonies, and Organizations."
Parts
Subtitle I: Patrio ...
.
Municipal charter
A ''municipal corporation'' is the legal term for a local governing body
An academy school in England is a state-funded school which is directly funded by the Department for Education and independent of local authority control. The terms of the arrangements are set out in individual Academy Funding Agreements. Most ...
, including (but not necessarily limited to) cities
A city is a human settlement of notable size.Goodall, B. (1987) ''The Penguin Dictionary of Human Geography''. London: Penguin.Kuper, A. and Kuper, J., eds (1996) ''The Social Science Encyclopedia''. 2nd edition. London: Routledge. It can be def ...
, counties
A county is a geographic region of a country used for administrative or other purposesChambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...
, town
A town is a human settlement. Towns are generally larger than villages and smaller than cities, though the criteria to distinguish between them vary considerably in different parts of the world.
Origin and use
The word "town" shares an ori ...
s, township
A township is a kind of human settlement or administrative subdivision, with its meaning varying in different countries.
Although the term is occasionally associated with an urban area, that tends to be an exception to the rule. In Australia, Ca ...
s, charter township
A charter township is a form of local government in the U.S. state of Michigan. Townships in Michigan are organized governments. A charter township has been granted a charter, which allows it certain rights and responsibilities of home rule that ...
s, village
A village is a clustered human settlement or community, larger than a hamlet but smaller than a town (although the word is often used to describe both hamlets and smaller towns), with a population typically ranging from a few hundred to ...
s, and borough
A borough is an administrative division in various English-speaking countries. In principle, the term ''borough'' designates a self-governing walled town, although in practice, official use of the term varies widely.
History
In the Middle Ag ...
s. ''Municipal incorporation'' occurs when such municipalities
A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate.
The term ''municipality'' may also mean the go ...
become self-governing entities under the laws of the state or province in which they are located. Often, this event is marked by the award or declaration of a municipal charter, a term used because municipal power was historically granted by the sovereign, by royal charter
A royal charter is a formal grant issued by a monarch under royal prerogative as letters patent. Historically, they have been used to promulgate public laws, the most famous example being the English Magna Carta (great charter) of 1215, bu ...
.
Order charter
Charters for chivalric order
An order of chivalry, order of knighthood, chivalric order, or equestrian order is an order of knights, typically founded during or inspired by the original Catholic military orders of the Crusades ( 1099–1291) and paired with medieval concep ...
s and other orders, such as the Sovereign Military Order of Malta
The Sovereign Military Order of Malta (SMOM), officially the Sovereign Military Hospitaller Order of Saint John of Jerusalem, of Rhodes and of Malta ( it, Sovrano Militare Ordine Ospedaliero di San Giovanni di Gerusalemme, di Rodi e di Malta; ...
.
Project charter
In project management
Project management is the process of leading the work of a team to achieve all project goals within the given constraints. This information is usually described in project documentation, created at the beginning of the development process. Th ...
, a project charter or project definition (sometimes called the terms of reference
Terms of reference (TOR) define the purpose and structures of a project, committee, meeting, negotiation, or any similar collection of people who have agreed to work together to accomplish a shared goal.
Terms of reference show how the object in ...
) is provided by the sponsor to formally authorize the existence of a project. It provides a preliminary delineation of roles and responsibilities, outlines the project purpose and objectives, identifies key stakeholders, and defines the authority of the project manager. It serves as a reference of authority for future planning of the project. The project scope is developed from the project charter.
Royal charter
In medieval Europe, royal charters were used to create cities (i.e., localities with recognised legal rights and privileges). The date that such a charter was granted is considered to be when a city was "founded", regardless of when the locality originally began to be settled.
The Charter of 1814
The French Charter of 1814 was a constitutional text granted by King Louis XVIII of France shortly after the Bourbon Restoration, in form of royal charter. The Congress of Vienna demanded that Louis bring in a constitution of some form before h ...
, France's constitution during the Bourbon Restoration Bourbon Restoration may refer to:
France under the House of Bourbon:
* Bourbon Restoration in France (1814, after the French revolution and Napoleonic era, until 1830; interrupted by the Hundred Days in 1815)
Spain under the Spanish Bourbons:
* ...
, was thus called to promote the legal fiction that the King had granted it “voluntarily, and by the free exercise of isroyal authority”, in the manner of medieval charters.
At one time a royal charter was the only way in which an incorporated body could be formed, but other means (such as the registration process for limited companies
In a limited company, the liability of members or subscribers of the company is limited to what they have invested or guaranteed to the company. Limited companies may be limited by shares or by guarantee. In a company limited by shares, the lia ...
) are generally now used instead.
University charter
A university charter is a charter issued to create or recognise a university. The form of charter used varies by period and jurisdiction.
Inspeximus charter
A charter of "Inspeximus" (Latin, literally "We have inspected") is frequently a royal charter, by which an earlier charter or series of charters relating to a particular foundation (such as a monastery or a guild) was recited and incorporated into a new charter, usually in order to confirm and renew its validity under present authority. Where the original documents are lost, an inspeximus charter may sometimes preserve their texts and lists of witnesses.
Corporate charter
See Articles of association
In corporate governance, a company's articles of association (AoA, called articles of incorporation in some jurisdictions) is a document which, along with the memorandum of association (in cases where it exists) form the company's constituti ...
.
See also
* Articles of association
In corporate governance, a company's articles of association (AoA, called articles of incorporation in some jurisdictions) is a document which, along with the memorandum of association (in cases where it exists) form the company's constituti ...
* Articles of incorporation
Article often refers to:
* Article (grammar), a grammatical element used to indicate definiteness or indefiniteness
* Article (publishing), a piece of nonfictional prose that is an independent part of a publication
Article may also refer to:
G ...
* Atlantic Charter
The Atlantic Charter was a statement issued on 14 August 1941 that set out American and British goals for the world after the end of World War II. The joint statement, later dubbed the Atlantic Charter, outlined the aims of the United States and ...
* Certificate of incorporation A certificate of incorporation is a legal document/license relating to the formation of a company or corporation. It is a license to form a corporation issued by state government or, in some jurisdictions, by non-governmental entity/corporation. Its ...
* Charter Roll A charter roll is an administrative record created by a medieval chancery that recorded all the charters issued by that office.
Origins
In medieval England, King John in 1199 established a fixed rate of fees for the sealing of charters and letter ...
* Charter school
A charter school is a school that receives government funding but operates independently of the established state school system in which it is located. It is independent in the sense that it operates according to the basic principle of auto ...
* Chartered company
A chartered company is an association with investors or shareholders that is incorporated and granted rights (often exclusive rights) by royal charter (or similar instrument of government) for the purpose of trade, exploration, and/or coloniz ...
* ''Collegium
A (plural ), or college, was any association in ancient Rome that acted as a legal entity. Following the passage of the ''Lex Julia'' during the reign of Julius Caesar as Consul and Dictator of the Roman Republic (49–44 BC), and their reaff ...
''
* Earth Charter
The Earth Charter is an international declaration of fundamental values and principles considered useful by its supporters for building a just, sustainable, and peaceful global society in the 21st century. Created by a global consultation process, ...
* Freedom Charter
The Freedom Charter was the statement of core principles of the South African Congress Alliance, which consisted of the African National Congress (ANC) and its allies: the South African Indian Congress, the South African Congress of Democrats ...
* ''Fueros
(), (), () or () is a Spanish legal term and concept. The word comes from Latin , an open space used as a market, tribunal and meeting place. The same Latin root is the origin of the French terms and , and the Portuguese terms and ; all ...
'' (Spanish version)
* General incorporation law The history of corporate law in the United States concerns the development of the corporation, primarily as a business organization, under the different United States corporate law, including federal regulation.
Common law
The United Kingdom requir ...
* Magna Carta
(Medieval Latin for "Great Charter of Freedoms"), commonly called (also ''Magna Charta''; "Great Charter"), is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the ...
* Medieval Bulgarian royal charters
The medieval Bulgarian royal charters are some of the few surviving secular documents of the Second Bulgarian Empire, and were issued by five tsars roughly between 1230 and 1380. The charters are written in Middle Bulgarian using the Early Cyrilli ...
* Papal Bull
* United Nations Charter
The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the ...
References
Further reading
* Kemp,Roger L., "Model Government Charters: A City, County, Regional, State, and Federal Handbook," McFarland and Co., Inc., Publisher, Jefferson, NC, and London, ENG (2007). ().
* Kemp, Roger L., "Documents of American Democracy: A Collection of Essential Works," McFarland and Co., Inc., Jefferson, NC, and London, ENG. (2010). ().
External links
*
*
{{Authority control
Contract law
Feudalism
Legal documents
Organizational documents
Real property law