Historical development
Charters have been used in Europe since medieval times to grant rights and privileges to towns, boroughs and cities. During the 14th and 15th century the concept of incorporation of a municipality by royal charter evolved. Royal charters were used in England to make the most formal grants of various rights, titles, etc. until the reign of Henry VIII, with letters patent being used for less solemn grants. After the eighth year of Henry VIII, all grants under the Great Seal were issued as letters patent. Among the past and present groups formed by royal charter are the Company of Merchants of the Staple of England (13th century), the British East India Company (1600), theCorporations
Between the 14th and 19th centuries, royal charters were used to createUniversities and colleges
According to the ''British Isles
Both Oxford and Cambridge received royal charters during the 13th century. However, these charters were not concerned with academic matters or their status as universities but rather about the exclusive right of the universities to teach, the powers of the chancellors' courts to rule on disputes involving students, and fixing rents and interest rates. The University of Cambridge was confirmed by a papal bull in 1317 or 1318, but despite repeated attempts, the University of Oxford never received such confirmation. The three pre-Reformation Scottish universities were all established by papal bulls: St Andrews in 1413; Glasgow in 1451; and King's College, Aberdeen (which later became theUnited States
Several of the colonial colleges that predate the American Revolution are described as having been established by royal charter. Except for The College of William & Mary, which received its charter from King William III and Queen Mary II in 1693 following a mission to London by college representatives, these were either provincial charters granted by local governors (acting in the name of the king) or charters granted by legislative acts from local assemblies. The first charters to be issued by a colonial governor on the consent of their council (rather than by an act of legislation) were those granted to Princeton University (as the College of New Jersey) in 1746 (from acting governor John Hamilton) and 1748 (from Governor Jonathan Belcher). There was concern as to whether a royal charter given by a governor in the King's name was valid without royal approval. An attempt to resolve this in London in 1754 ended inconclusively when Henry Pelham, the prime minister, died. However, Princeton's charter was never challenged in court prior to its ratification by the state legislature in 1780, following the US Declaration of Independence. Columbia University received its royal charter (as King's College) in 1754 from Lieutenant Governor James DeLancey of New York, who bypassed the assembly rather than risking it rejecting the charter.Canada
Eight Canadian universities and colleges were founded or reconstituted under royal charter in the 19th century, prior to confederation in 1867. Most Canadian universities originally established by royal charter were subsequently reincorporated by acts of legislature. TheAustralia
The older Australian universities ofGuilds, learned societies and professional bodies
Guilds and livery companies are among the earliest organisations recorded as receiving royal charters. The Privy Council list has the Saddlers Company in 1272 as the earliest, followed by the Merchant Taylors Company in 1326 and the Skinners Company in 1327. The earliest charter to the Saddlers Company gave them authority over the saddlers trade; it was not until 1395 that they received a charter of incorporation. The Merchant Taylors were similarly incorporated by a subsequent charter in 1408. Royal charters gave the first regulation of medicine in Great Britain and Ireland. The Barbers Company of London in 1462, received the earliest recorded charters concerning medicine or surgery, charging them with the superintendence, scrutiny, correction and governance of surgery. A further charter in 1540 to the London Guild – renamed the Company of Barber-Surgeons – specified separate classes of surgeons, barber-surgeons, and barbers. The London Company of Surgeons separated from the barbers in 1745, eventually leading to the establishment of theAustralia
Royal charters have been used in Australia to incorporate non-profit organisations. However, since at least 2004 this has not been a recommended mechanism.Belgium
The royal decree is the equivalent inCanada
Companies and societies
Companies, corporations, and societies in Canada founded under or augmented by a royal charter include: * TheTerritories and communities
Cities under royal charter are not subject to municipal Acts of Parliament applied generally to other municipalities, and instead are governed by legislation applicable to each city individually. The royal charter codifies the laws applied to the particular city, and lays out the powers and responsibilities not given to other municipalities in the province concerned. * St. John's; claimed as England's first oversea colony by royal charter issued in 1583 by Queen Elizabeth I *India
The Institution of Engineers was incorporated by royal charter in 1935.Ireland
A number of Irish institutions were established by or received royal charters prior to Irish independence. These are no longer under the jurisdiction of the British Privy Council and their charters can thus only be altered by a Charter or Act of the Oireachtas (Irish Parliament).South Africa
The University of South Africa received a royal charter in 1877. The Royal Society of South Africa received a royal charter in 1908.United Kingdom
Royal charters continue to be used in the United Kingdom to incorporate charities and professional bodies, to raiseUnited States
Royal charters have not been issued in the US since independence. Those that existed prior to that have the same force as other charters of incorporation issued by state or colonial legislatures. Following '' Dartmouth College v. Woodward'', they are "in the nature of a contract between the state, the corporation representing the founder, and the objects of the charity". Case law indicates that they cannot be changed by legislative action in a way that impairs the original intent of the founder, even if the corporation consents.See also
*References
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