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This was done by providing that whenever in the future any landholder should dispose of a piece of land it should be held from the same lord the grantor had held it from, not from the grantor himself. He also gave more liberal charters to the towns, privileges to foreign merchants, and constant encouragement to trade.
The most important of these charters, and the one that has sent various local historians on a voyage into the airy realms of fiction, is attributed to Pepin le Bref, and bears the date 755. Another is a Bull attributed to Pope Stephanus II., also dated 755, in which is described the ceremony of consecrating the church of St.
At length, however, the formalities were completed, and on June 11, 1578, letters to Gilbert passed the seals for planting an English colony in America. This detailed charter of colonization is most interesting, since it contains several provisions which reappear in many later charters.
"Is the gentleman," said he, "a British-born subject and a lawyer, and ignorant that charters from the crown have usually been given for enlarging the liberties and privileges of the grantees, not for limiting them, much less for curtailing those essential rights, which all his Majesty's subjects are entitled to, by the laws of God and nature, as well as by the common law and by the constitution of their country?
The right to grant corporate charters for ordinary business purposes is an attribute of sovereignty belonging to the states, not to the General Government. The United States is a government of enumerated powers.
Pasmore, Lord Kenyon observes: "Some things are clear: when a corporation exists capable of discharging its functions, the crown cannot obtrude another charter upon them; they may either accept or reject it." In all cases relative to charters, the acceptance of them is uniformly alleged in the pleadings.
Even the Sibylline books, whatever ravages they might be supposed by the intelligent to have sustained in a lapse of centuries, were popularly believed, in the latest period of the Western empire, to exist as so many charters of supremacy. Jupiter himself in Rome had put on a peculiar Roman physiognomy, which associated him with the destinies of the gigantic state.
It was bestowed by the silent lips of my valiant father, beheaded for the sake of his faith, by the arbitrary decree, that without form of law, banished my brother and myself from the country by the Spaniards' broken vows, the torn charters of this land, the suffering of the poor, ill-treated, worthy people that will perish if we do not save them."
But he added this statement: that the legislative charters would hardly hold, and even if they did, it would take an army to maintain what they gave against the will of the people. He advised securing the services of Squire Rawson and a few other local magnates. Mr. Wickersham frowned at this plain speaking, and dashed his pen through this part of the report.
This was no other than the revival of part of two acts passed in the reign of queen Anne, by which the property of all prizes taken from the enemy was vested in the captors; while the sovereign was empowered to grant commissions or charters to any persons or societies, for taking any ships, goods, harbours, lands, or fortifications of the nation's enemies in America, and for holding and enjoying the same as their own property and estate for ever.
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