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for observing the laws throughout Eng- | land, was in the nature of a public law. It settled the religion of the state and provided for its peace and government, for the administration of justice, the punishment of criminals, and the regulation of markets; it confirmed the titles to lands, and the exemption of the tenants in chief of the crown from all unjust exaction and from tallage. The words are those of a lawgiver appointing and commanding; "statuimus," "volumus et firmiter precipimus," interdicimus," "decretum est," are the forms of expression by which matters are ordered or prohibited. (Fodera Rec. Comm. Ed., vol. i. p. 1.)

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The charters of liberties granted by Henry I., Stephen, Henry II., John, Henry III., and Edward I., are all, more or less, in the nature of public laws, either making new provisions, or confirming, enlarging, and explaining existing laws, and relate to the freedom and good government of the people, and all the most important interests of the country. Some of them are still regarded as authoritative declarations of the rights and privileges which the people of England have enjoyed for centuries.* So valid and binding were the royal charters esteemed as laws, that in the 37 Henry III. (A.D. 1253), in the presence of the king, several of the first nobles, "and other estates of the realm of England," the archbishop and bishops excommunicated and accursed all who should violate or change "the church's liberties or the ancient approved customs of the realm, and chiefly the liberties contained in the charters of the common liberties and of the forest, granted by our lord the king." In those times no sanction more solemn could have been given to the authority of any law. It was intended chiefly as a check upon the king himself, whose power had been restrained by the popular concessions made in the charters of liberties, but it was also directed against all

They are printed at length in the first volume of the Statutes of the Realm,' published by the Record Commissioners. With the exception of one charter in the 25th Edw. I, they are all in the Latin language.

his subjects who should violate the liber ties of the people. [MAGNA CHARTA.]

These charter-laws, though often expressed to have been made by the advice of the king's council, implied an absolute legislative power vested in the crown; and as royal prerogative became restrained and the public liberties enlarged, legislation by charter was gradually superseded by the statutes and ordinances made in Parliament. During the reigns of Henry III. and Edw. I. laws were promulgated in both forms; but since that time statutes and ordinances have been the only records of legislation-not differing materially, at first, either in form or in the nature of the authority from which they emanated, from the charters of earlier reigns, but gradually assuming their present character as acts agreed to by the entire legislature.

But notwithstanding the discontinuance of the practice of promulgating general laws by royal charter to bind the whole kingdom, the exercise of prerogative, by means of charters, has partaken of a legislative character throughout the entire history of the British government. Some of the most ancient and important of these were charters to boroughs and municipal bodies, conferring immunities and franchises, of which the greatest was that of sending representatives to parliament. There are still extant municipal charters of the Saxon kings, and of the Norman kings after the Conquest, conferring various rights upon the inhabitants of boroughs, of which an exclusive jurisdiction was always one; but the first charter of incorporation to any municipal body appears to have been granted in 1439, in the reign of Henry VI., to Kingston-upon-Hull; although, in the absence of prior charters, it has been usual to presume that charters confirming existing usages had been lost.

But though the king's charters have conferred upon boroughs the right of sending members to parliament, it was held in several cases, by the House of Commons, that the right of voting by the common law, could not be varied by charters from the crown. (Glanville's Reports, p. 47, 63, 70.) Between the reigns of Henry VIII. and Charles II.

tice, contrary to the ancient and fundamental laws of the realm, which was abolished by the act 21 James I. c. 3. [MONOPOLY.]

as well as other public companies which have been incorporated in the first instance by statute.

no less than 180 members were added to the House of Commons by royal charter, the last borough upon which that right was conferred, in this manner, having been Newark, in 1673. Several of these The crown has ever exercised, and still were ancient boroughs which had ceased retains, the prerogative of incorporating to send members, and whose rights were universities, colleges, companies, and other thus restored by charter; while some public bodies, and of granting them, by towns, expressly created boroughs by charter, powers and privileges not inconcharter, did not send members to parlia- sistent with the law of the land. But as ment for centuries afterwards, as Queen- the most considerable bodies ordinarily borough, for example, to which a charter require powers which no authority but was granted in 1368, but which did not that of parliament is able to confer, such return members until 1578. Hence it corporations as the East India Company has been argued that, notwithstanding and the Bank of England, which were the practice of later reigns, the charter of originally established by royal charter, the crown alone was not sufficient in law have long since derived their extraordito entitle a town to send members to par-nary privileges from acts of parliament, liament, although expressly created a borough, to which, by the common law, the right of sending members was incident. (Merewether and Stephen's History of Boroughs and Municipal Corporations, Introduction, and pp. 664, 1256, 1774, &c.) This view derives confirmation from the acknowledged law that the crown was unable, by charter, to exempt a borough from returning members, since that right was always held to be exercised for the benefit of the whole realm, and not for the advantage of the particular place. (Coke, 4th Inst. 49.) Upon these grounds a charter of exemption to the citizens of York was declared void by act of parliament, 29 Henry VI. c. 3. But as parliamentary representation has, at length, been comprehensively arranged for the whole kingdom by the Reform Acts, the legal effect of royal charters upon the elective franchise has become a question merely of historical interest. The peculiar rights of corporations have also been determined by the Municipal Corporations Act; but a power has been reserved to the crown, with the advice of the Privy Council, to grant charters of incorporation to other towns, upon the petition of the inhabitants, and to extend to them the provisions of the Municipal Corporations Acts (5 & 6 Will. IV. c. 76, § 141). [MUNICIPAL CORPORATIONS.]

But the largest powers now conferred by royal charter are those connected with the colonies and foreign possessions of the crown. Whenever a new country is obtained by conquest or treaty, the crown possesses an exclusive prerogative power over it, and by royal charters may establish its laws and the form of its government; may erect courts of justice, of civil and criminal jurisdiction, and otherwise provide for its municipal order, for the raising its revenue, and the regulation of its commerce. (Chitty, On Prerogatives, c. iii.) This sovereign power, however, is always subject to the ultimate control of parliament; and even if deputed to a legislative assembly, or other local government, possessing rights and liberties defined by charter, the crown cannot recall the charter, and govern by any laws inconsistent with its provisions, or at variance with the common law.

II. Charters of private persons are the title-deeds of lands, many of which are the ancient grants of feudal lords to their tenants. These pass with the land as incident thereto, and belong to him who has the inheritance; or, if the land be conveyed to another and his heirs, the charters belong to the feoffee. A charter Charters were formerly granted by the of the crown, granted at the suit of the crown, establishing monopolies in the grantee, is construed most beneficially for buying, selling, making, working, or the crown, and against the party; but a using certain things; an injurious prac-private charter is construed most strongly

against the grantor. (Fleta, lib. iii. c. 14; Comyn's Digest, tit. Charters; Coke, 1st Inst. 6 a, 7 a, 2nd Inst. 77; Cowel, Law Dictionary; Blackstone and Stephen's Commentaries; Preface to Statutes of the Realm, &c.)

CHARTER PARTY. [SHIPS.]

all the districts; and that electors vote only for the representative of the district in which they are registered. V. That no other qualification be required for members than the choice of the electors. VI. That every member be paid 500l. a year out of the public treasury for his legislative services; and that a register be kept of the daily attendance of each member.

There is nothing new in the principles or details of the People's Charter. They have, either separately, or some one or other of them in conjunction, been a prominent subject of discussion at various intervals within the last seventy years. In 1780 the Duke of Richmond introduced a bill into the House of Lords for annual parliaments and universal suffrage. In the same year the electors of Westminster appointed a committee to take into consideration the election of mem

their report they recommended the identical points which now constitute the main features of what is called the People's Charter. The Society of the Friends of the People, established in 1792, three years afterwards published a declaration which recommended a very large extension of the suffrage. In seasons of national distress, the amendment of the representative system has always been warmly taken up by the people of this country.

CHARTISTS, the name given to a political party in this country, who propose extensive alterations in the representative system, as the most direct means of attaining social improvement, and whose views are developed in a document called the "People's Charter." The principal points of this proposed charter are, universal suffrage, vote by ballot, annual parliaments, the division of the country into equal electoral districts, the abolition of property qualification in members and paying them for their services. The principles of the charter and the means of carrying them into effect have also been embodied in the form of a bill. It was pre-bers of the House of Commons, and in pared in 1838 by six members of the House of Commons, and six members of the London Working Men's Association; and the following are the most important of its enactments:-I. The preparers of the Bill allege the low state of public feeling as an apology for not admitting women to the franchise, and it is therefore only provided that every male inhabitant be entitled to vote for the election of a member of the Commons' House of Parliament, subject however to the following conditions:-1. That he be a In 1831 the wishes of a large mass of native of these realms, or a foreigner who the middle classes were realized and has lived in this country upwards of two satisfied by the passing of the Reform years, and been naturalized. 2. That he Act. A season of political repose, and, as be twenty-one years of age. 3. That he it happened also, of commercial prosbe not proved insane when the lists of perity, followed the excitement which voters are revised. 4. That he be not preceded the passing of that measure. convicted of felony within six months A victory had been gained, and the peofrom and after the passing of this act.ple waited for the benefits which they 5. That his electoral rights be not suspended for bribery at elections, or for personation, or for forgery of election certificates, according to the penalties of this act. II. That the United Kingdom be divided into 300 electoral districts, so as to give uniform constituencies of about 20,000 voters each. III. That the votes be taken by ballot. IV. That a new Parliament be elected annually; that the elections take place on the same day in

were to derive from it. In the next period of distress which arose, the amended state of the representative system and the advantages which it had brought were narrowly scanned; and the consequence was, the gradual formation of a party who were dissatisfied with its arrangements, and sought to attain the ends of political and social good by a more extensive change. This is briefly the origin of Chartism and of the Peo

ple's Charter. The middle classes were, however, well satisfied on the whole with the overthrow of the rotten boroughs and the enfranchisement of the large towns, and therefore the Chartists stood alone, and began to regard them with a feeling of hostility. Chartists were sometimes found, as in all other parties, ready to assist the party which differed most widely from them, with the object of thwarting the political objects which the middle classes had at heart. In 1838 they had become a large party and embraced a great number of the working classes employed otherwise than in agriculture. The number of signatures attached to the petition presented at the commencement of the session of 1839 in favour of the People's Charter was upwards of one million and a quarter. Unfortunately the idea began to be entertained amongst a certain class of the Chartists, that physical force might be justifiably resorted to if necessary for obtaining political changes; and the party became divided into the Physical Force Chartists and the Moral Force Chartists. The former became implicated in disturbances which took place at various times in several parts of the country; and many persons of this class never having had correct views respecting the wages of labour, it appeared as if they had adopted the cry of "a fair day's wages for a fair day's work" as an additional point of the People's Charter. The disturbances in 1842 in the midland and northern counties were to some extent encouraged by the less intelligent of the Physical Force Chartists. At the close of 1841, however, an attempt was made to combine the middle classes with the Chartists in their attempt to obtain an extension of the suffrage. Early in 1842 a Complete Suffrage Union was formed at Birmingham, and in April of the same year a Conference, consisting of eighty-seven Delegates, was assembled at Birmingham, which sat for four days; three of which were spent in agreeing upon a basis of union between the middle and working classes, and the last day in adopting plans of practical organization. The six points of the People's Charter were adopted by the Conference, and the

details were left for settlement to a future Conference. It was resolved also at this conference to establish a National Complete Suffrage Union. The proposed National Conference commenced its meetings in December, 1842, and was attended by 374 delegates. Here a rupture took place between the Chartists and the Complete Suffrage party, and the latter were outvoted on the question of adopting the People's Charter instead of the Complete Suffrage Bill. The minority, however, proceeded to act upon their views as developed in the Complete Suffrage Bill. This Bill does not contain any disqualifying clauses. In other respects it differs from the People's Charter only in matters of detail. These are the only two plans connected with the extension of the franchise which are at present supported by any large class in this country. The Chartists and the Complete Suffragists are only nominally distinct parties; but the former may be characterized as possessing a greater hold on the working classes than the Complete Suffragists, whose ranks are chiefly recruited from the middle classes: their objects, however, are so similar, that they may at any time unite without any sacrifice of principle. CHASE. [FOREST.]

CHATTELS (in Law Latin, Catalla). This term comprehends all moveable property, and also all estates in land which are limited to a certain number of years or other determinate time. All moveable goods, as horses, plate, money, and the like, are called Chattels Personal. Estates or interests in land, which are comprehended in the term chattels, are called Chattels Real. "Goods and Chattels" is a common phrase to express all that a man has, except such estates in land as are freehold estates; but the word chattels alone expresses the same thing as "goods and chattels." The word goods is merely a translation of the Latin word Bona, which was used by the Romans to express all property, and generally all that a man was in any way entitled to. (Dig. 50, tit. 16, s. 49.) The nature of personal property in England is further considered under PROPERTY. Chattels of each description pass to the personal representatives of the deceased proprietor, and are

cheque, which is signed by the drawer. Cheques are immediately payable on presentment. They are not liable to stamp-duty, and are therefore limited in their functions in order to prevent their circulating as bills of exchange. They must, for example, be payable on demand, without any days of grace, and must be drawn on a banker within fifteen miles of the place where they are issued. The place of issue must therefore be named, and they must bear date on the day of issue. A cheque should be presented on the day which it is received, or within a reasonable time. One of the first rules to be observed in writing a cheque is to draw it in a business-like manner, so as to prevent a fraudulent alteration in the amount, for if otherwise the drawer may be liable. A "crossed" cheque is an ordinary cheque with the name of a particular banker written across the face of it for security, or it may be crossed simply "& Co."; and in this case it will only be paid through that banker. If presented by any other person, it is not paid without further inquiry. The Bankers' Magazine' for Oct. and Nov. 1844, and Jan. and Feb. 1845, contains some valuable information on the Law of Cheques.

comprehended under the general term "Personal Property." The law as to chattels is now, owing to the great increase of wealth, and particularly of moveables, of equal importance with the law relating to land; but under the strict feudal system, and the laws to which it more immediately gave rise, chattels (including even terms for years) were considered of small importance in a legal point of view, and, indeed, prior to the reign of Henry VI., were rarely mentioned in the law treatises and reports of the day. (Reeve, Hist. Eng. Law, 369.) Many articles which are properly chattels, owing to their intimate connexion with other property of a freehold nature, and being necessary to its enjoyment, descend therewith to the heir, and are not treated as chattels. Thus, for instance, the muniments of title to an estate of inheritance, growing trees and grass, deer in a park, and such fixtures as cannot be removed from the freehold without injury to it, are not chattels, because they pass to the heir. In the hands of a person however who has a limited interest in such things they become his chattels, and pass to his executor. Chattels, except so far as they may be heir-looms, cannot be entailed, though they may be limited so as to vest One of the great advantages of a bankwithin twenty-one years after the deathing account is the convenience of drawof a person or persons in being. They are not within the Statute of Uses, inasmuch as the proprietor of a chattel is said to be possessed of it, not seised, which is the word used in that statute. The same forms were not required in passing a chattel by devise, as in the case of real property, and a will of chattels might also be made at an earlier age than one which disposed of real estate; at fourteen years of age by a male, and twelve by a female. But this is now altered by 1 Vict. c. 26, and no person under twentyone years of age can now dispose of any thing by will. Chattels do not go in succession to a corporation sole, except only in the cases of the king and the chamberlain of the city of London. (Co. Litt.; Blackstone, Comm.)

CHEQUE, an order on a banker by a person who has money in the bank, directing him to pay a certain sum of money to the bearer or to a person named in the

ing cheques. A person is thus relieved of the necessity of keeping ready money in his hands, and a cheque is some evidence of payment in the absence of a proper receipt. The Bank of England allows cheques to be drawn for sums of 51., but a few years ago it allowed no cheques under 107.

CHICORY. [ADULTERATION.] CHIEF JUSTICE. [COURTS.] CHILD-KILLING. [INFANTICIDE.] CHILD-STEALING. [ABDUCTION.] CHILTERN HUNDREDS. A portion of the high land of Buckinghamshire is known by the name of the Chiltern Hills. "Formerly these hills abounded in timber, especially heech, and afforded shelter to numerous banditti. To put these down, and to protect the inhabitants of the neighbouring parts from their depredatious, an officer was appointed under the crown, called the steward of the Chiltern Hundreds." (Geog. of Great Britain,

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