their opinions, and prohibits for ever the re-establishment of the censorship.* It abolishes the conscription; provides for the oblivion of all political offences previous to the restoration of the Bourbons; and guarantees the security of property (including the so-called "national domains" sold during the first Revolution), except when the public good, as made out in a legal manner, requires the sacrifice of individual property, in which case the owner must be indemnified.

Frenchmen of printing and publishing | unlimited, and their dignity is for life only; art. 23 of the Charte," which related to the peerage, having been replaced by the law of 9th December, 1831, which abolished an hereditary peerage. This law is incorporated in the " Charte." It points out the class of persons from whom peers must be selected; and prohibits pensions being attached to the dignity of a peer. The ordonnance of nomination must mention the services for which the honour is conferred. The peers have no right of entry into the chamber under twenty-five years of age or of voting under thirty. The chancellor of France is president, or, in his absence, a peer nominated by the king. The sittings of the peers are public. The chamber takes cognizance of offences against the state. A peer can only be arrested by the authority of the chamber, and is not amenable to any other tribunal than the chamber in criminal matters.

2nd head, containing eight articles. Formes du Gouvernement du Roi (Limits of the Kingly Power).—This head secures to the king the supreme executive power, the command of the army and navy, the right of making war and treaties of peace, alliance, and commerce; of nominating to all the offices of public administration; and of making all regulations needful for the execution of the laws, without the power of suspending them or dispensing with them. It provides that the legislative functions shall be exercised by the king, the Chamber of Peers, and the Chamber of Deputies; that every law must be agreed to by a majority of each chamber (the discussions and votes of which are to be free), and sanctioned by the king; that bills may originate with any of the three branches of the legislature, except money bills, which must originate in the Chamber of Deputies; and that a bill rejected by any branch of the legislature cannot be brought in again the same session. The civil list is fixed at the commencement of every reign, and cannot be altered during that reign.

3rd head, containing ten articles.De la Chambre des Pairs (Of the Chamber of Peers). This head provides for the assembling of this chamber simultaneously with the deputies, and renders every sitting illegal (except when the chamber is exercising its judicial power) unless it is held during the session of the deputies. The nomination of the peers is vested in the king (the princes of the blood are peers by right of birth); their number is

* The law of Sept. 9, 1835, restrains the freedom of the press by several severe enactments.

4th head, containing sixteen articles.De la Chambre des Députés (Of the Chamber of Deputies).-This head provides for the election of the deputies and the sittings of the chamber. The electors must be not less than twenty-five years of age and the deputies not less than thirty, and each must possess whatever other qualifications the law requires.* (The law of 19th April, 1831, for regulating the electoral franchise was passed in pursuance of a promise given in the Charte.) The deputies are elected for five years, and one-half of the deputies for each department must have their political domicile in it. The chamber elects its own president at the opening of each session. Its sittings ordinarily are public: but any five members can require that it form itself into a secret committee. Bills introduced by the government are discussed

The deputies are all chosen by the depart institutions, they are all "county members;" and ments; or, to borrow the language of our own

the electoral qualification consists in the payment of 200 francs direct taxes. The qualification of a deputy is the payment of 500 francs. The votes are given by ballot, both by electors and by the deputies in the chambers. The whole number of deputies is now 459, having been increased within the last few years from 430.

(xáprns). Charta appears to have signified writing material made of papyrus. The term was afterwards applied not only to the materials for writing, but to the writing itself, as to a letter or the

in separate bureaux, or committees. No | tax can be levied without the consent of both chambers. The land-tax (impôt foncier) can be granted only year by year; other taxes may be voted for several years. The king convokes the two cham-leaf of a book. In English law it was bers, and prorogues and dissolves that of the deputies, but in the case of dissolution he must assemble a new one within three months. All members are free from arrest for debt during the session and for six weeks before and after, and from arrest on a criminal charge during the session, unless taken in the act or arrested by permission of the chamber.

5th head, containing two articles. Des Ministres (Of the Ministers). They may be members of either chamber; and they have also the right of entry into the other chamber, in which they can claim to be heard. The deputies may impeach the ministers; the peers alone have the right to try them.

6th head, containing twelve articles. De l'Ordre Judiciaire (Of the Administration of Justice).-This head provides for the continuance of the previously existing institutions, including trial by jury, until properly modified by law; the publicity of criminal proceedings (except in particular cases); the non-removability of the judges, who are appointed by the king (the justices of peace, who are also appointed by the king, are however removable); and the right of the king to remit or commute the penalty imposed. It prohibits the confiscation of goods; the creation of special commissions or tribunals; and the withdrawal of any from the jurisdiction to which he is legally subject.

7th head, containing eight articles.Droits particuliers garantis par l'Etat (Individual Rights guaranteed by the State).-Among other things, this head renders inviolable all engagements with the public creditor; provides for the government of the colonies by particular laws; and requires the king and his successors, on their accession, to swear to the faithful observance of the constitutional charter.

CHARTER. This word is from the Latin charta, a word of uncertain origin: the Greek form of the word is chartes

used to denote any public instrument, deed, or writing, being written evidence of things done between man and man, and standing as a perpetual record. (Bracton, lib. 2, c. 26.) Among the Saxons such instruments were known as gewrite, or writings.

Charters are divided into-I. charters of the crown, and II. Charters of private persons.

I. Royal charters were used at a very early period, for grants of privileges, exemptions, lands, honours, pardon, and other benefits that the crown had to confer; and thus the term became restricted to such instruments as conferred some right or franchise. These instruments did not differ in form from letters patent, being usually addressed by the king to all his subjects, and exposed to open view, with the great seal pendent at the bottom; but such as contained grants of particular kinds were distinguished by the name of charters. Thus as giving was the object of a charter, the term became very popular, and was used in a more extended sense, to denote laws of a popular character.

As

Whatever may have been the prerogatives and legislative authority of the kings of England, it is certain that from the earliest times there were many rights and liberties which by the law of the land belonged to the people. these were often restrained and violated, nothing was more acceptable to the nation than a formal recognition of them by the crown: and the popular name of charter was applied to those written laws by which the kings from time to time confirmed or enlarged the liberties of the people. Such laws were regarded not only as concessions from the king, but as contracts between man and man-between the king and his subjects; while, at the same time, they were promulgated as the legislative acts of the sovereign authority in the state.

The charter of William the Conqueror,

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

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 as well as other public companies which borough, to which, by the common law, have been incorporated in the first inthe right of sending members was inci- stance by statute. dent. (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 Iust. 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.)

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 members of the House of Commons, and in 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 In sealarge extension of the suffrage. sons of national distress, the amendment of the representative system has always been warmly taken up by the people of this country.

CHARTER PARTY. [SHIPS.] 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 prepared in 1838 by six members of the House of Commons, and six members of the Lordon 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 native of these realms, or a foreigner who has lived in this country upwards of two years, and been naturalized. 2. That he be twenty-one years of age. 3. That he be not proved insane when the lists of voters are revised. 4. That he be not convicted of felony within six months from 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

In 1831 the wishes of a large mass of the middle classes were realized and satisfied by the passing of the Reform Act. A season of political repose, and, as it happened also, of commercial prosperity, followed the excitement which preceded the passing of that measure. A victory had been gained, and the peo

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