Civil Government in the United States Considered with Some Reference to Its OriginsFiske, John
History
Civil Government in the United States Considered with Some Reference to Its Origins
Fiske, John
United States -- Politics and government
charter of a mediaeval town was a kind of written contract by which
the town obtained certain specified immunities or privileges from the
sovereign or from a great feudal lord, in exchange for some specified
service which often took the form of a money payment. It was common
enough for a town to buy liberty for hard cash, just as a man might
buy a farm. The word _charter_ originally meant simply a paper or
written document, and it was often applied to deeds for the transfer
of real estate. In contracts of such importance papers or parchment
documents were drawn up and carefully preserved as irrefragable
evidences of the transaction. And so, in quite significant phrase the
towns zealously guarded their charters as the "title-deeds of their
liberties."
[Sidenote: The "Great Charter" (1215).]
After a while the word charter was applied in England to a particular
document which specified certain important concessions forcibly wrung by
the people from a most unwilling sovereign. This document was called
_Magna Charta_, or the "Great Charter," signed at Runnymede, June 15,
1215, by John, king of England. After the king had signed it and gone
away to his room, he rolled in a mad fury on the floor, screaming
curses, and gnawing sticks and straw in the impotence of his, wrath.[2]
Perhaps it would be straining words to call a transaction in which the
consent was so one-sided a "contract," but the idea of Magna Charta was
derived from that of the town charters with which people were already
familiar. Thus a charter came to mean "a grant made by the sovereign
either to the whole people or to a portion of them, securing to them the
enjoyment of certain rights." Now in legal usage a charter differs from
a constitution in this, that the former is granted by the sovereign,
while the latter is established by the people themselves: both are the
fundamental law of the land.[3] a The distinction is admirably
expressed, but in history it is not always easy to make it. Magna Charta
was in form a grant by the sovereign, but it was really drawn up by the
barons, who in a certain sense represented the English people; and
established by the people after a long struggle which was only in its
first stages in John's time. To some extent it partook of the nature of
a written constitution.
[Footnote 2: Green, _Hist. of the English People_, vol. i. p.
248.]
[Footnote 3: Bouvier, _Law Dictionary_, 12th ed., vol. i. p.
259.]
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