Public-domain · open source
OpenJurist

Charta

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

Carta. L. Lat. [Lat. symbolum, tabulcB.] In old 'English law. A charter, or deed; a writing under seal, by which conveyances of lands, contracts, covenants and the like were evidenced and ratified; (seriptum obsignatum, quo prosdiorum cessiones, contractus, conventiones et hujusmodi rata fiunt.) Spelman. Bract. fol.

33 b— 38.

Id. fol.

40.

So called from the material (charta, paper,) upon which it was written.

2 Bl. Com. 295.

See Charier, Deed. Charta de feoffamen to; a charter of feoffment. Bract, fol.

33 b.

Charta de quiete clamantia; a charter of quit claim. Id. ibid. Charta de conjirmatione; a charter of confirmation. Id. ibid. See ijarta, € h arta [cmrta ] d CMtevttiet. A deed of a thing not in existence js void.

Co, Litt. 36 a.

Any signal or token by which an estate was held; as a horn, &c. Willelmus, Jilius Nigelli, tenuit custodiam forestcs de Bernwode de domino rege per unum comu, quod est charta prtedicta forestes; William, son of Nigel, held the ward of the forest of Bemwode of the king by one horn, which is the charter of the said forest.

Kennett*s Par. Ant. 73. Coweil.

A royal grant of privileges or Uberties, (charta regia,) either to an individual, as a charter of pardon, carta perdonationis,) to a public body, (see Charter,) or to a whole nation, as Magna Charta, the Great Charter; Charta de Foresta, the Charter of the Forest. See Magna Charta. The term charta was introduced into England by the Normans in lieu of chirographum, which was the Latin word used among the Saxons, answering to the vernacular boc. Normx Lnni chirographa chartas vocabant. Ingulph. apud Spelman.

1 Beeves' Hist. Eng. Law, 88.

Lord Coke distinishes charta, (a charter,) from factum, (a deed;) the former touching inheritance, not so the latter, unless it have some other additions.

Co. Litt, 9 b.

Bracton, however, applies both words to royal grants. De chartis vero regiis et factis regum, &c. Bract, fol.

34.

The ch in this word seems to have always been pronounced hard, (after the Gr. xQ' Vy) which led to the practice of writing the word carta, in which form it occurs in the Register, and in some of the old writers.

Beg, Orig. 157 — 160. Co. Litt. 36 a.