CHARTA - Black's Law Dictionary

What is CHARTA? Definition of CHARTA in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.

In Old English Law
A charter or deed; an instrument written and sealed; the formal evidence of conveyances and contracts. Also any signal or token by which an estate was held.

The term came to be applied, by way of eminence, to such documents as proceeded from the sovereign, granting liberties or privileges, and either where the recipient of the grant was the whole nation, as in the case of Magna Charta, or a public body, or private individual, in which case it corresponded to the modern word "charter."

In the Civil Law
Paper, suitable for the inscription of documents or books; hence, any instrument or writing. See Dig. 32, 52, 6; Nov. 44, 2.

Charta Communis
In old English law. An indenture; a common or mutual charter or deed; one containing mutual covenants, or involving mutuality of obligation; one to which both parties might have occasion to refer, to establish their respective rights. Bract. fols. 33b, 34.

Charta Cyrographata (or Chyrographata)
In old English law. A chirographed charter; a charter executed in two parts, and cut through the middle, (scinditur per medium,) where the word "cyrographum," or "chirographum," was written in large letters. Bract fol. 34; Fleta, lib. 3, c. 14, § 3. See Chirograph.

Charta De Foresta
A collection of the laws of the forest, made in the 9th Hen. III, and said to have been originally a part of Magna Charta.

The charta de foresta was called the Great Charter of the woodland population, nobles, barons, freemen, and slaves, loyally granted by Henry III. early in his reign (A.D.1217). Inderwick, King's Peace 159; Stubb's Charters 847. There is a difference of opinion as to the original charter of the forest similar to that which exists respecting the true and original Magna Carta (q. v.), and for the same reason, viz., that both required repeated confirmation by the kings, despite their supposed inviolability. This justifies the remark of recent historians as to the great charter that "this theoretical sanctity and this practical insecurity are Shared with 'the Great Charter . of Liberties' by the Charter of the Forest which was issued in 1217." 1 Poll. & Maitl. 158. It is asserted with great positiveness by Inderwick that no forest charter was ever granted by King John, but that Henry III. issued the charter of 1217 (which he puts in the third year of the reign, which, however, only commenced Oct. 28, 1216), in pursuance of the promises of his father; and Lord Coke, referring to it as a charter on which the lives and liberties of the woodland population depended, says that it was confirmed at least thirty times between the death of John and that of Henry V. ; 4 Co. Inst. 303.

Webster, under the title Magna Charta, says that the name is applied to the charter granted in the 9th Hen. III. and confirmed by Edw. I. Prof. Maitland, in speaking of Magna Carta, refers to "the sister charter which defined the forest law" as one of the four documents which, at the death of Henry III., comprised the written law of England. 1 Soc. England 410. Edward I. in 1297 confirmed "the charter made by the common consent of all the realm in
the time of Henry III. to be kept in every point without breach." Inderwick, King's Peace 160; Stubb's Charters 486. The Century Dictionary refers to this latter charter of Edw. I. as the Charter of .the Forest; but it was, as already shown, only a confirmation of it, and a comparison of the authorities leaves little if any doubt that the date was as above stated and the history as here given. Its provisions may be found in Stubb's Charters and they are summarized by Inderwick, in his work above cited.

Charta De Una Parte
A deed poll; a deed of one part. Formerly used to distinguish a deed poll—that is, an agreement made by one party only—from a deed inter partes. Co.Litt. 229.

Charta Partita
(Literally, a deed divided.) A charter-party. 3 Kent, Comm. 201.

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