Document granting rights from a monarch
A
royal charter
is a formal grant issued by a monarch under
royal prerogative
as
letters patent
. Historically, they have been used to promulgate
public laws
, the most famous example being the English
Magna Carta
(great charter) of 1215, but since the 14th century have only been used in place of
private acts
to grant a right or power to an individual or a
body corporate
.
[1]
[2]
[3]
They were, and are still, used to establish significant organisations such as boroughs (with
municipal charters
),
universities
and
learned societies
.
Charters should be distinguished from
royal warrants of appointment
,
grants of arms
and other forms of letters patent, such as those granting an organisation the right to use the word "royal" in their name or granting
city status
, which do not have legislative effect.
[4]
[5]
[6]
[7]
The British monarchy
has issued over 1,000 royal charters
.
[5]
Of these about 750 remain in existence.
The earliest charter recorded on the UK government's list was granted to the
University of Cambridge
by
Henry III of England
in 1231,
[8]
although older charters are known to have existed including to the
Worshipful Company of Weavers
in England in 1150
[9]
and to the town of
Tain
in Scotland in 1066.
[10]
Charters continue to be issued by the British
Crown
, a recent example being that awarded to the
Chartered Institute of Legal Executives
(CILEX), and
the Chartered Institute of Ergonomics and Human Factors
, in 2014.
[11]
Historical development
[
edit
]
Charters have been used in
Europe since medieval times
to grant rights and privileges to towns, boroughs and cities. During the 14th and 15th century the concept of incorporation of a municipality by royal charter evolved.
[12]
Royal charters were used in England to make the most formal grants of various rights, titles, etc. until the reign of
Henry VIII
, with
letters patent
being used for less solemn grants. After the eighth year of Henry VIII, all grants under the
Great Seal
were issued as letters patent.
[13]
Among the past and present groups formed by royal charter are the
Company of Merchants of the Staple of England
(13th century), the
British East India Company
(1600), the
Hudson's Bay Company
, the
Chartered Bank of India, Australia and China
(since merged into
Standard Chartered
), the
Peninsular and Oriental Steam Navigation Company
(P&O), the
British South Africa Company
, and some of the
former British colonies on the North American mainland
,
City livery companies
, the
Bank of England
and the
British Broadcasting Corporation
(BBC).
[14]
Corporations
[
edit
]
Between the 14th and 19th centuries, royal charters were used to create
chartered companies
? for-profit ventures with shareholders, used for exploration, trade and colonisation. Early charters to such companies often granted trade monopolies, but this power was restricted to Parliament from the end of the 17th century.
[15]
Until the 19th century, royal charters were the only means other than an
act of parliament
by which a company could be
incorporated
; in the UK, the
Joint Stock Companies Act 1844
opened up a route to incorporation by registration, since when incorporation by royal charter has been, according to the
Privy Council
, "a special token of Royal favour or ... a mark of distinction".
[5]
[16]
[17]
The use of royal charters to incorporate organisations gave rise to the concept of the "corporation by prescription". This enabled corporations that had existed from
time immemorial
to be recognised as incorporated via the
legal fiction
of a "lost charter".
[18]
Examples of corporations by prescription include
Oxford
and
Cambridge
universities.
[19]
[20]
Universities and colleges
[
edit
]
According to the
Catholic Encyclopedia
, of the 81 universities established in pre-Reformation Europe, 13 were established
ex consuetudine
without any form of charter, 33 by
Papal bull
alone, 20 by both Papal bull and
imperial
or royal charter, and 15 by imperial or royal charter alone. Universities established solely by royal (as distinct from imperial) charter did not have the same international recognition ? their degrees were only valid within that kingdom.
[21]
The first university to be founded by charter was the
University of Naples
in 1224, founded by an imperial charter of
Frederick II
. The first university founded by royal charter was the
University of Coimbra
in 1290, by
King Denis of Portugal
, which received papal confirmation the same year. Other early universities founded by royal charter include the
University of Perpignan
(1349; papal confirmation 1379) and the University of
Huesca
(1354; no confirmation), both by
Peter IV of Aragon
; the
Jagiellonian University
(1364; papal confirmation the same year) by
Casimir III of Poland
; the
University of Vienna
(1365; Papal confirmation the same year) by
Rudolf IV, Duke of Austria
; the
University of Caen
(1432; Papal confirmation 1437) by
Henry VI of England
; the
University of Girona
(1446; no confirmation) and the
University of Barcelona
(1450; papal confirmation the same year), both by
Alfonso V of Aragon
; the
University of Valence
(1452; papal confirmation 1459) by the
Dauphin
Louis (later
Louis XI of France
); and the
University of Palma
(1483; no confirmation) by
Ferdinand II of Aragon
.
[22]
British Isles
[
edit
]
Both Oxford and Cambridge received royal charters during the 13th century. However, these charters were not concerned with academic matters or their status as universities but rather about the exclusive right of the universities to teach, the powers of the
chancellors'
courts to rule on disputes involving students, and fixing rents and interest rates.
[23]
[24]
The University of Cambridge was confirmed by a papal bull in 1317 or 1318,
[25]
but despite repeated attempts, the University of Oxford never received such confirmation.
[22]
The three
pre-Reformation Scottish universities
were all established by papal bulls:
St Andrews
in 1413;
Glasgow
in 1451; and
King's College, Aberdeen
(which later became the
University of Aberdeen
) in 1494.
[26]
Following the Reformation, establishment of universities and colleges by royal charter became the norm. The
University of Edinburgh
was founded under the authority of a royal charter granted to the
Edinburgh town council
in 1582 by
James VI
as the "town's college".
Trinity College Dublin
was established by a royal charter of
Elizabeth I
(as
Queen of Ireland
) in 1593. Both of these charters were given in
Latin
.
[27]
The Edinburgh charter gave permission for the town council "to build and to repair sufficient houses and places for the reception, habitation and teaching of professors of the schools of grammar, the humanities and languages, philosophy, theology, medicine and law, or whichever liberal arts which we declare detract in no way from the aforesaid mortification" and granted them the right to appoint and remove professors.
[28]
But, as concluded by Edinburgh's principal,
Sir Alexander Grant
, in his tercentenary history of the university, "Obviously this is no charter founding a university".
[29]
Instead, he proposed, citing multiple pieces of evidence, that the surviving charter was original granted alongside a second charter founding the college, which was subsequently lost (possibly deliberately).
[30]
This would also explain the source of Edinburgh's degree awarding powers, which were used from the foundation of the college.
[31]
The royal charter of Trinity College Dublin, while being straightforward in incorporating the college, also named it as "mother of a University", and rather than granting the college degree-awarding powers stated that "the students on this College ... shall have liberty and power to obtain degrees of Bachelor, Master, and Doctor, at a suitable time, in all arts and faculties".
[32]
Thus the
University of Dublin
was also brought into existence by this charter, as the body that awards the degrees earned by students at Trinity College.
[33]
[34]
Following this, no surviving universities were created in the British Isles until the 19th century. The 1820s saw two colleges receive royal charters:
St David's College, Lampeter
in 1828 and
King's College London
in 1829. Neither of these were granted degree-awarding powers or university status in their original charters. The 1830s saw an attempt by
University College London
to gain a charter as a university and the creation by Act of Parliament of
Durham University
, but without incorporating it or granting any specific powers. These led to debate about the powers of royal charters and what was implicit to a university.
The essence of the debate was firstly whether the power to award degrees was incidental to the creation of a university or needed to be explicitly granted and secondly whether a royal charter could, if the power to award degrees was incidental, limit that power ? UCL wishing to be granted a royal charter as "London University" but excluding the power to award degrees in theology due to the secular nature of the institute. Sir
Charles Wetherell
, arguing against the grant of a royal charter to UCL before the Privy Council in 1835, argued for degree-awarding powers being an essential part of a university that could not be limited by charter.
[35]
Sir William Hamilton
, wrote a response to Wetherell in the
Edinburgh Review
, drawing in Durham University and arguing that the power of universities, including the power to award specific degrees, had always been explicitly granted historically, thus creating a university did not implicitly grant degree-awarding powers.
[36]
Other historians, however, disagree with Hamilton on the point of whether implicit grants of privileges were made, particularly with regard to the
ius ubique docendi
? the important privilege of granting universally-recognised degrees that was the defining mark of the
studium generale
.
Hastings Rashdall
states that "the special privilege of the
jus ubique docendi
... was usually, but not quite invariably, conferred in express terms by the original foundation-bulls; and was apparently understood to be involved in the mere act of erection even in the rare cases where it is not expressly conceded".
[37]
Similarly, Patrick Zutshi, Keeper of Manuscripts and University Archives in Cambridge University Library, writes that "Cambridge never received from the papacy an explicit grant of the
ius ubique docendi
, but it is generally considered that the right is implied in the terms of John XXII's letter of 1318 concerning Cambridge's status as a studium generale."
[38]
UCL was incorporated by royal charter in 1836, but without university status or degree-awarding powers, which went instead to the
University of London
, created by royal charter with the explicit power to grant degrees in Arts, Law and Medicine. Durham University was incorporated by royal charter in 1837 (explicitly not founding the university, which it describes as having been "established under our Royal sanction, and the authority of our Parliament") but although this confirmed that it had "all the property, rights, and privileges which ... are incident to a University established by our Royal Charter" it contained no explicit grant of degree-awarding powers.
[39]
This was considered sufficient for it to award "degrees in all the faculties",
[40]
but all future university royal charters explicitly stated that they were creating a university and explicitly granted degree-awarding power. Both London (1878) and Durham (1895) later received supplemental charters allowing the granting of degrees to women, which was considered to require explicit authorisation. After going through four charters and a number of supplemental charters, London was reconstituted by Act of Parliament in 1898.
[41]
The Queen's Colleges in Ireland, at
Belfast
,
Cork
, and
Galway
, were established by royal charter in 1845, as colleges without degree awarding powers. The
Queens University of Ireland
received its royal charter in 1850, stating "We do will, order, constitute, ordain and found an University ... and the same shall possess and exercise the full powers of granting all such Degrees as are granted by other Universities or Colleges in the faculties of Arts, Medicine and Law".
[42]
This served as the degree awarding body for the Queen's Colleges until it was replaced by the
Royal University of Ireland
.
The royal charter of the
Victoria University
in 1880 started explicitly that "There shall be and is hereby constituted and founded a University" and granted an explicit power of awarding degrees (except in medicine, added by supplemental charter in 1883).
[43]
From then until 1992, all universities in the United Kingdom were created by royal charter except for
Newcastle University
, which was separated from Durham via an Act of Parliament. Following the independence of the
Republic of Ireland
, new universities there have been created by Acts of the
Oireachtas
(Irish Parliament). Since 1992, most new universities in the UK have been created by
Orders of Council
as secondary legislation under the
Further and Higher Education Act 1992
, although granting degree-awarding powers and university status to colleges incorporated by royal charter is done via an amendment to their charter.
United States
[
edit
]
Several of the
colonial colleges
that predate the
American Revolution
are described as having been established by royal charter. Except for
The College of William & Mary
, which received its charter from
King William III
and
Queen Mary II
in 1693 following a mission to London by college representatives, these were either provincial charters granted by local governors (acting in the name of the king) or charters granted by legislative acts from local assemblies.
[44]
The first charters to be issued by a colonial governor on the consent of their council (rather than by an act of legislation) were those granted to
Princeton University
(as the College of New Jersey) in 1746 (from acting governor
John Hamilton
) and 1748 (from Governor
Jonathan Belcher
). There was concern as to whether a royal charter given by a governor in the King's name was valid without royal approval. An attempt to resolve this in London in 1754 ended inconclusively when
Henry Pelham
, the prime minister, died. However, Princeton's charter was never challenged in court prior to its ratification by the state legislature in 1780, following the US Declaration of Independence.
[45]
Columbia University
received its royal charter (as King's College) in 1754 from Lieutenant Governor
James DeLancey
of New York, who bypassed the assembly rather than risking it rejecting the charter.
[46]
Rutgers University
received its (as Queen's College) in 1766 (and a second charter in 1770) from Governor
William Franklin
of New Jersey,
[47]
and
Dartmouth College
received its in 1769 from Governor
John Wentworth
of New Hampshire.
[48]
The case of
Dartmouth College v. Woodward
, heard before the
Supreme Court of the United States
in 1818, centred on the status of the college's royal charter.
[49]
The court found in 1819 that the charter was a contract under the
Contract Clause
of the US Constitution, meaning that it could not be impaired by state legislation, and that it had not been dissolved by the revolution.
[50]
The charter for the College of William and Mary specified it to be a "place of universal study, or perpetual college, for divinity, philosophy, languages and other good arts and sciences", but made no mention of the right to award degrees.
[51]
However, the Latin text of the charter uses
studium generale
? the technical term used in the Middle Ages for a university ?where the English text has "place of universal study"; it has been argued that this granted William and Mary the rights and status of a university.
[52]
The Princeton charter, however, specified that the college could "give and grant any such degree and degrees ... as are usually granted in either of our universities or any other college in our realm of Great Britain".
[53]
Columbia's charter used very similar language a few years later,
[54]
as did Dartmouth's charter.
[55]
The charter of Rutger uses quite different words, specifying that it may "confer all such honorary degrees as usually are granted and conferred in any of our colleges in any of our colonies in America".
[56]
Of the other colleges founded prior to the American Revolution,
Harvard College
was established in 1636 by Act of the Great and General Court of the Massachusetts Bay Colony and incorporated in 1650 by a charter from the same body,
[57]
Yale University
was established in 1701 by Act of the General Assembly of Connecticut,
[58]
the
University of Pennsylvania
received a charter from the proprietors of the colony in 1753,
[59]
Brown University
was established in 1764 (as the College of Rhode Island) by an Act of the Governor and General Assembly of Rhode Island,
[60]
and
Hampden-Sydney College
was established privately in 1775 but not incorporated until 1783.
[61]
Canada
[
edit
]
Eight Canadian universities and colleges were founded or reconstituted under royal charters in the 19th century, prior to
Confederation
in 1867. Most Canadian universities originally established by royal charter were subsequently reincorporated by acts of the relevant parliaments.
[62]
The
University of King's College
was founded in 1789 and received a royal charter in 1802, naming it, like Trinity College, Dublin, "the Mother of an University" and granting it the power to award degrees.
[63]
[64]
The charter remains in force.
[65]
McGill University
was established under the name of
McGill College
in 1821, by a provincial royal charter issued by Governor General of British North America
the Earl of Dalhousie
; the charter stating that the "College shall be deemed and taken to be an University" and should have the power to grant degrees.
[66]
It was reconstituted by a royal charter issued in 1852 by
Queen Victoria
, which remains in force.
[67]
The
University of New Brunswick
was founded in 1785 as the Academy of Liberal Arts and Sciences and received a provincial charter as the College of New Brunswick in 1800. In the 1820s, it began giving university-level instruction and received a royal charter under the name
King's College
as a "College, with the style and privileges of an University", in 1827. The college was reconstituted as the University of New Brunswick by an act of the provincial parliament in 1859.
[68]
[69]
The
University of Toronto
was founded by royal charter in 1827, under the name of
King's College
, as a "College, with the style and privileges of an University", but did not open until 1843. The charter was subsequently revoked and the institution replaced by the University of Toronto in 1849, under provincial legislation.
[70]
Victoria University
, a college of the University of Toronto, opened in 1832 under the name of the
Upper Canada Academy
, giving "pre-university" classes. and received a royal charter in 1836. In 1841. a provincial act replaced the charter, reconstituted the academy as Victoria College, and granted it degree-awarding powers.
[71]
Another college of the University of Toronto,
Trinity College
, was incorporated by an act of the legislature in 1851 and received a royal charter in 1852, stating that it, "shall be a University and shall have and enjoy all such and the like privileges as are enjoyed by our Universities of our United Kingdom of Great Britain and Ireland".
[72]
Queen's University
was established by royal charter in 1841. This remains in force as the university's primary constitutional document and was last amended, through the Canadian federal parliament, in 2011.
[73]
Universite Laval
was founded by royal charter in 1852, which granted it degree awarding powers and started that it would, "have, possess, and enjoy all such and the like privileges as are enjoyed by our Universities of our United Kingdom of Great Britain and Ireland".
[74]
This was replaced by a new charter from the
National Assembly of Quebec
in 1971.
[75]
Bishop's University
was founded, as Bishop's College, by an act of the Parliament of the Province of Canada in 1843 and received a royal charter in 1853, granting it the power to award degrees and stating that, "said College shall be deemed and taken to be a University, and shall have and enjoy all such and the like privileges as are enjoyed by our Universities of our United Kingdom of Great Britain and Ireland".
[76]
The
University of Ottawa
was established in 1848 as the College of Bytown. It received a royal charter under the name
College of Ottawa
, raising it to university status in 1866.
[77]
Australia
[
edit
]
The older Australian universities of
Sydney
(1850) and
Melbourne
(1853) were founded by acts of the legislatures of the colonies. This gave rise to doubts about whether their degrees would be recognised outside of those colonies, leading to them seeking royal charters from London, which would grant legitimacy across the British Empire.
[78]
The
University of Sydney
obtained a royal charter in 1858. This stated that (emphasis in the original):
the Memorialists confidently hope that the Graduates of the University of Sydney will not be inferior in scholastic requirements to the majority of Graduates of British Universities, and that it is desirable to have the degrees of the University of Sydney generally recognised throughout our dominions; and it is also humbly submitted that although our Royal Assent to the Act of Legislature of New South Wales hereinbefore recited fully satisfies the principle of our law that the power of granting degrees should flow from the Crown, yet that as that assent was conveyed through an Act which has effect only in the territory of New South Wales, the
Memorialists believe that the degrees granted by the said University under the authority of the said Act, are not legally entitled to recognition beyond the limits of New South Wales
; and the Memorialists are in consequence most desirous to obtain a grant from us of Letters Patent requiring all our subjects to recognise the degrees given under the Act of the Local Legislature in the same manner as if the said University of Sydney had been an University established within the United Kingdom under a Royal Charter or an Imperial enactment.
The charter went on to (emphasis in the original):
will, grant and declare that the Degrees of Bachelor of Arts, Master of Arts, Bachelor of Laws, Doctor of Laws, Bachelor of Medicine, and Doctor of Medicine, already granted or conferred or hereafter to be granted or conferred by the Senate of the said University of Sydney shall be recognised as Academic distinctions and rewards of merit
and be entitled to rank, precedence, and consideration in
our United Kingdom and in our Colonies and possessions throughout the world
as fully as if the said Degree had been granted by any University of our said United Kingdom
.
[79]
The University of Melbourne's charter, issued the following year, similarly granted its degrees equivalence with those from British universities.
[80]
The act that established the
University of Adelaide
in 1874 included women undergraduates, causing a delay in the granting of its charter as the authorities in London did not wish to allow this. A further petition for the power to award degrees to women was rejected in 1878 ? the same year that London was granted that authority. A charter was finally granted ? admitting women to degrees ? in 1881.
[81]
[82]
The last of Australia's 19th century universities, the
University of Tasmania
, was established in 1890 and obtained a royal charter in 1915.
[83]
Guilds, learned societies and professional bodies
[
edit
]
Guilds and livery companies are among the earliest organisations recorded as receiving royal charters. The Privy Council list has the
Saddlers Company
in 1272 as the earliest, followed by the
Merchant Taylors Company
in 1326 and the
Skinners Company
in 1327. The earliest charter to the Saddlers Company gave them authority over the saddlers trade; it was not until 1395 that they received a charter of incorporation.
[84]
The Merchant Taylors were similarly incorporated by a subsequent charter in 1408.
[85]
Royal charters gave the first regulation of medicine in Great Britain and Ireland. The
Barbers Company
of London in 1462, received the earliest recorded charters concerning medicine or surgery, charging them with the superintendence, scrutiny, correction and governance of surgery. A further charter in 1540 to the London Guild ? renamed the Company of Barber-Surgeons ? specified separate classes of surgeons, barber-surgeons, and barbers. The London Company of Surgeons separated from the barbers in 1745, eventually leading to the establishment of the
Royal College of Surgeons
by royal charter in 1800.
[86]
The
Royal College of Physicians of London
was established by royal charter in 1518 and charged with regulating the practice of medicine in the City of London and within seven miles of the city.
[87]
The
Barbers Guild
(the
Gild of St Mary Magdalen
) in Dublin is said to have received a charter in 1446, although this was not recorded in the rolls of chancery and was lost in the 18th century. A later charter united the barbers with the (previously unincorporated) surgeons in 1577.
[88]
The
Royal College of Physicians of Ireland
was established by royal charter in 1667
[89]
and the
Royal College of Surgeons in Ireland
, which evolved from the Barbers' Guild in Dublin, in 1784.
[90]
The
Royal Society
was established in 1660 as Britain's first
learned society
and received its first royal charter in 1662. It was reincorporated by a second royal charter in 1663, which was then amended by a third royal charter in 1669. These were all in Latin, but a supplemental charter in 2012 gave an English translation to take precedence over the Latin text.
[91]
The
Royal Society of Edinburgh
was established by royal charter in 1783 and the
Royal Irish Academy
was established in 1785 and received its royal charter in 1786.
[92]
New professional bodies were formed in Britain in the early 19th century representing new professions that arose after the industrial revolution and the rise of
laissez-faire
capitalism. These new bodies sought recognition by gaining royal charters, laying out their constitutions and defining the profession in question, often based on occupational activity or particular expertise. To their various corporate objectives, these bodies added the concept of working in the public interest that was not found in earlier professional bodies. This established a pattern for British professional bodies, and the 'public interest' has become a key test for a body seeking a royal charter.
[93]
Australia
[
edit
]
Royal charters have been used in Australia to incorporate non-profit organisations. However, since at least 2004 this has not been a recommended mechanism.
[94]
Belgium
[
edit
]
The royal decree is the equivalent in
Belgium
of a royal charter. In the period before 1958, 32 higher education institutes had been created by royal charter. These were typically engineering or technical institutions rather than universities.
[95]
However, several non-technical higher education institutions have been founded, or refounded, under royal decree, such as the
Fonds de la Recherche Scientifique
(National Fund for Scientific Research) in 1928
[96]
and the
Koninklijke Vlaamse Academie van Belgie voor Wetenschappen en Kunsten
in 1938.
[97]
Since
the Belgian state reform of 1988?1989
, competency over education was transferred to the federated entities of Belgium. Royal decrees can therefore no longer grant higher education institution status or university status.
[98]
Canada
[
edit
]
In Canada, there are a number of organisations that have received royal charters. However, the term is often applied incorrectly to organisations, such as the
Royal Astronomical Society of Canada
, that have been granted the use of a royal title rather than a royal charter.
[99]
Companies and societies
[
edit
]
Companies, corporations, and societies in Canada founded under or augmented by a royal charter include:
- The
Canada Company
, incorporated by Act of Parliament in June 1825. A royal charter was issued in August 1826 to purchase and develop lands. Purchased the Crown Reserve of 1,384,413 acres and a special grant of 1,100,000 acres in the Huron County area.
[100]
- The
Literary and Historical Society of Quebec
, founded in 1824 as the first learned society in Canada, received its royal charter in 1831.
[101]
- The
Royal Society of Canada
, founded by Act of Parliament and granted a royal charter in 1883.
[102]
- The
Royal Life Saving Society of Canada
, founded 1891 and received royal patronage and style 1904. A royal charter was granted in 1924 by King George V.
[103]
British royal chartered corporations operating in Canada:
Territories and communities
[
edit
]
Cities under royal charter are not subject to municipal Acts of Parliament applied generally to other municipalities, and instead are governed by legislation applicable to each city individually. The royal charter codifies the laws applied to the particular city and lays out the powers and responsibilities not given to other municipalities in the province concerned.
[
citation needed
]
India
[
edit
]
The
Institution of Engineers
was incorporated by royal charter in 1935.
[110]
Ireland
[
edit
]
A number of Irish institutions were established by or received royal charters prior to Irish independence. These are no longer under the jurisdiction of the British Privy Council and their charters can thus only be altered by a Charter or Act of the
Oireachtas
(Irish Parliament).
[33]
South Africa
[
edit
]
The
University of South Africa
received a royal charter in 1877.
[111]
The
Royal Society of South Africa
received a royal charter in 1908.
[112]
United Kingdom
[
edit
]
Royal charters continue to be used in the United Kingdom to incorporate charities and
professional bodies
, to raise
districts
to
borough status
, and to grant university status and degree awarding powers to colleges previously incorporated by royal charter.
[
citation needed
]
Most new grants of royal charters are reserved for eminent professional bodies, learned societies or charities "which can demonstrate pre-eminence, stability and permanence in their particular field".
[113]
The body in question has to demonstrate not just pre-eminence and financial stability but also that bringing it under public regulation in this manner is in the public interest.
[114]
In 2016, the decision to grant a royal charter to the (British)
Association for Project Management
(APM) was challenged in the court by the (American)
Project Management Institute
(PMI), who feared it would give a competitive advantage to APM and claimed the criteria had not been correctly applied; the courts ruled that while the possibility of suffering a competitive disadvantage did give PMI standing to challenge the decision, the Privy Council was permitted to take the public interest (in having a chartered body promoting the profession of project management) into account as outweighing any failure to meet the criteria in full.
[115]
A list of UK chartered professional associations is at
List of professional associations in the United Kingdom § Chartered
.
Individual
chartered designations
, such as
chartered accountant
or
chartered engineer
, are granted by some chartered professional bodies to individual members that meet certain criteria. The Privy Council's policy is that all chartered designations should be broadly similar, and most require Master's level qualifications (or similar experience).
[116]
In January 2007, the UK Trade Marks Registry refused to grant protection to the American
Chartered Financial Analyst
trademark, as the word "chartered" in the UK is associated with royal charters, thus its use would be misleading.
[117]
"Charter" and "chartered" continue to be "sensitive words" in company names, requiring evidence of a royal charter or (for "chartered") permission from a professional body operating under royal charter.
[118]
The use of "chartered" in a
collective trade mark
similarly requires the association applying for the mark to have a royal charter as otherwise "the mark would mislead the public into believing that the association and its members have chartered status".
[119]
Unlike other royal charters, a charter to raise a district to borough status is issued using statutory powers under the
Local Government Act 1972
rather than by the royal prerogative.
[116]
The
company registration number
of a corporation with a royal charter is prefixed by "RC" for companies registered in England and Wales, "SR" for companies registered in Scotland, and "NR" for companies registered in Northern Ireland.
[120]
However, many chartered corporations from outside England have an RC prefix from when this was used universally.
[
citation needed
]
The
BBC
operates under a royal charter which lasts for a period of ten years, after which it is renewed.
[
citation needed
]
United States
[
edit
]
Royal charters have not been issued in the US since independence. Those that existed prior to that have the same force as other charters of incorporation issued by state or colonial legislatures. Following
Dartmouth College v. Woodward
, they are "in the nature of a contract between the state, the corporation representing the founder, and the objects of the charity". Case law indicates that they cannot be changed by legislative action in a way that impairs the original intent of the founder, even if the corporation consents.
[121]
See also
[
edit
]
References
[
edit
]
- ^
"Charter"
.
The Supplement to the Penny Cyclopaedia of the Society for the Diffusion of Useful Knowledge
. Vol. 1.
Society for the Diffusion of Useful Knowledge
. 1845. pp. 331?332.
- ^
"Magna Carta 1215"
.
British Library
. Retrieved
3 February
2019
.
- ^
Peter Crooks (July 2015).
"Exporting Magna Carta: exclusionary liberties in Ireland and the world"
.
History Ireland
.
23
(4).
- ^
"Granting arms"
.
College of Arms
. Retrieved
3 February
2019
.
- ^
a
b
c
"Royal Charters"
. Privy Council
. Retrieved
31 December
2023
.
- ^
"Guidance: Applications for Protected Royal Titles"
(PDF)
.
royal.uk
.
Archived
(PDF)
from the original on 4 May 2017
. Retrieved
3 February
2019
.
- ^
"Chelmsford to receive Letters Patent granting city status"
.
BBC News
. 6 June 2012.
- ^
"List of chartered bodies"
. Privy Council
. Retrieved
30 January
2019
.
- ^
"Guide to the Worshipful Company of Weavers Charter 1707"
.
University of Chicago
. Retrieved
30 January
2019
.
- ^
"History and Heritage"
.
Visit Tain
. Archived from
the original
on 30 January 2019
. Retrieved
30 January
2019
.
- ^
"CIEHF Documents"
. The Chartered Institute of Ergonomics and Human Factors
. Retrieved
3 February
2019
.
- ^
British Borough Charters
. Cambridge University Press. 1923. pp.
25
?26.
- ^
"Royal grants in letters patent and charters from 1199"
.
The National Archive
. Retrieved
14 July
2022
.
- ^
BBC Trust | Charter and Agreement
Archived
19 May 2022 at the
Wayback Machine
.
- ^
James Bohun (1993). "Protecting Prerogative: William III and the East India Trade Debate, 1689?1698".
Past Imperfect
: 63?86.
- ^
M. S. Rix (September 1945). "Company Law: 1844 and To-Day".
The Economic Journal
.
55
(218/219).
Wiley
/
Royal Economic Society
: 242?260.
doi
:
10.2307/2226083
.
JSTOR
2226093
.
- ^
"Royal charter"
. Turcan Connell
. Retrieved
3 February
2019
.
- ^
John William Willcock (1827).
The Law of Municipal Corporations
. J.S.Littell. pp. 21?25.
- ^
"Legal status of the University"
.
Statutes and Regulations
. University of Oxford. Archived from
the original
on 4 January 2014
. Retrieved
4 February
2019
.
- ^
"The University as a charity"
. University of Cambridge. 21 March 2013
. Retrieved
4 February
2019
.
- ^
Edward Pace (1912).
Universities
. Robert Appleton Company. The founders: popes and civil rulers – via new adventure.org.
- ^
a
b
Osmo Kivinen; Petri Poikus (September 2006). "Privileges of Universitas Magistrorum Et Scolarium and Their Justification in Charters of Foundation from the 13th to the 21st Centuries".
Higher Education
.
52
(2): 185?213.
doi
:
10.1007/s10734-004-2534-1
.
JSTOR
29735011
.
S2CID
143710561
.
- ^
David A. Carpenter (2003).
The Struggle for Mastery: Britain, 1066?1284
. Oxford University Press. p. 463.
ISBN
9780195220001
.
- ^
Trevor Henry Aston; Rosamond Faith (1984).
"The Endowments of the University and Colleges to circa 1348"
. In Trevor Henry Aston (ed.).
The History of the University of Oxford: The early Oxford schools
. Clarendon Press. p. 274.
ISBN
9780199510115
.
- ^
James Heywood (1840).
"Papal Bull to the University of Cambridge"
.
Collection of Statutes for the University and the Colleges of Cambridge
. William Clowes and Sins. p. 45.
- ^
Winifred Bryan Horne (1993).
Nineteenth-century Scottish Rhetoric: The American Connection
.
Southern Illinois University Press
. p. 19.
ISBN
9780809314706
.
- ^
Jos. M. M. Hermans; Marc Nelissen, eds. (2005).
Charters of Foundation and Early Documents of the Universities of the Coimbra Group
. Leuven University Press. pp. 109?111.
ISBN
9789058674746
.
- ^
"Charter by King James VI, 14 April 1582"
. University of Edinburgh
. Retrieved
8 February
2019
.
- ^
Sir Alexander Grant (1884).
The Story of the University of Edinburgh During Its First Three Hundred Years
. Vol. 1. Longmans, Green, and Company. p. 123.
- ^
Sir Alexander Grant (1884).
The Story of the University of Edinburgh During Its First Three Hundred Years
. Vol. 1. Longmans, Green, and Company. pp. 107?132.
- ^
Sir Alexander Grant (1884).
The Story of the University of Edinburgh During Its First Three Hundred Years
. Vol. 1. Longmans, Green, and Company. p. 143.
- ^
"Charter of Queen Elizabeth I"
(English; translated from Latin)
. Trinity College Dublin.
Archived
(PDF)
from the original on 16 April 2016
. Retrieved
10 February
2019
.
- ^
a
b
"Legal FAQ"
. Trinity College Dublin
. Retrieved
10 February
2019
.
- ^
Christopher Palles
(1907).
"Note by the Lord Chief Baron on the relation between the College and the University"
.
Royal Commission on Trinity College, Dublin, and the University of Dublin: Final Report of the Commissioners
.
- ^
Charles Wetherell (1834).
Substance of the Speech of Sir Charles Wetherell: Before the Lords of the Privy Council, on the Subject of Incorporating the London University
. J. G. & F. Rivington. pp.
77
?82.
It will be necessary to examine this subject a little more minutely, and particularly with reference to the power of conferring degrees, and the nature of a university. The only place where I can find any legal discussion on matters so little brought under consideration as these, is the argument of Mr. Attorney General Yorke, in Dr. Bentley's case, which is reported in 2nd Lord Raymond, 1345 ... In this proposition of Mr. Yorke two principles are laid down. The first is that 'granting degrees flows from the Crown;' and the second is, that if 'a University be erected, the power of granting degrees is incidental to the grant.' ... The subject matter granted, is the power of covering degrees; an emanation, as Mr. Yorke expresses it, from the Crown. It is the concession of this power that constitutes the direct purpose and the essential character of a University. ... This question of law arises:? How can this anomalous and strange body be constituted in the manner professed? It is to be a 'University,' but degrees in theology it is not to give. But Mr. Attorney-General Yorke tells us, that the power of giving degrees is incidental to the grant. If this be law, is not the power of conferring theological degrees equally incident to the grant, as other degrees; and if this be so, how can you constitute a University without the power of giving 'all' degrees: The general rule of law undoubtedly is, that where a subject matter is granted which has legal incidents belonging to it, the incidents must follow the subject granted; and this is the general rule as to corporations; and it has been decided upon that principle, that as a corporation, as an incident to its corporate character, has a right to dispose of its property, a proviso against alienation is void.
- ^
Sir William Hamilton (1853).
Discussions on philosophy and literature, education and university reform
. Longman, Brown, Green and Longman's. pp. 492, 497.
[p. 492] But when it has been seriously argued before the Privy Council by Sir Charles Wetherell, on behalf of the English Universities ... that the simple fact of the crown incorporating an academy under the name of university, necessarily, and in spite of reservations, concedes to that academy the right of granting all possibly degrees; nay when (as we are informed) the case itself has actually occurred, ? the 'Durham University,' inadvertently, it seems, incorporated under that title, being in the course of claiming the exercise of this very privilege as a right, necessarily involved in the public recognition of the name: ? in these circumstances we shall be pardoned a short excursus, in order to expose the futility of the basis on which this mighty edifice is erected. [p. 497] ... in all the Universities throughout Europe, which were not merely privileged, but created by bull and charter, every liberty conferred was conferred not as an
incident
through implication, but by express conversion. And this in two ways:? For a university was empowered, either by an explicit grant of certain enumerated rights, or by bestowing on it implicitly the known privileges enjoyed by other pattern Universities
- ^
Hastings Rashdall
(1895).
The Universities of Europe in the Middle Ages: Volume 1, Salerno, Bologna, Paris
. Oxford: Clarendon Press. pp. 11?12.
- ^
Zutshi, Patrick (2011). "When Did Cambridge Become a Studium generale?". In Pennington, Kenneth; Eichbauer, Melodie Harris (eds.).
Law as profession and practice in medieval Europe : essays in honor of James A. Brundage
. Farnham, Surrey, England: Ashgate. pp. 153?171.
ISBN
9781409425748
.
- ^
"Royal Charter"
. Durham University
. Retrieved
10 February
2019
.
- ^
"Universities"
.
Encyclopedia Britannica
. Vol. 21. Black. 1860. p. 471.
- ^
"History of the University"
.
The Historical Record (1836?1912)
. University of London. 1912. pp. 7?24.
- ^
The Queen's University Calendar
. Queens University (Ireland). 1859. p. 16.
- ^
Univ, Manchester (1882).
The Victoria University Calendar
. pp. 6?7.
- ^
Mordechai Feingold, ed. (12 September 2002).
"Review Essay"
.
History of Universities: Volume XVII 2001?2002
. Oxford University Press. p. 192.
ISBN
9780199256365
.
- ^
John MacLean
(1877).
History of the College of New Jersey, at Princeton
. Lippincott. pp. 76?79.
- ^
Robert McCaughey (22 October 2003).
Stand, Columbia: A History of Columbia University
. Columbia University Press. p. 21.
ISBN
9780231503556
.
- ^
Thomas J. Frusciano (2006).
"A Historical Sketch of Rutgers University: Section 1"
.
Rutgers University Libraries
. The Founding of Queen's College
. Retrieved
6 February
2019
.
- ^
"College Charter Granted"
. Dartmouth College
. Retrieved
6 February
2019
.
- ^
"Dartmouth College Case Decided By the U.S. Supreme Court"
. Dartmouth College. 13 October 2018
. Retrieved
6 February
2019
.
- ^
"Trustees of Dartmouth Coll. v. Woodward, 17 U.S. 518 (1819)"
.
Justia
. Retrieved
6 February
2019
.
- ^
Elsie Worthington Clews Parsons (1899).
Educational Legislation and Administration of the Colonial Governments
. Macmillan. pp. 361?378.
- ^
McSweeney, Thomas J.; Ello, Katharine; O'Brien, Elsbeth (2020).
"A University in 1693: New Light on William & Mary's Claim to the Title "Oldest University in the United States"
"
.
William and Mary Law Review Online
.
61
: 4.
- ^
Elsie Worthington Clews Parsons (1899).
Educational Legislation and Administration of the Colonial Governments
. Macmillan. p. 330.
- ^
Elsie Worthington Clews Parsons (1899).
Educational Legislation and Administration of the Colonial Governments
. Macmillan. p. 269.
- ^
Elsie Worthington Clews Parsons (1899).
Educational Legislation and Administration of the Colonial Governments
. Macmillan. p. 182.
- ^
Elsie Worthington Clews Parsons (1899).
Educational Legislation and Administration of the Colonial Governments
. Macmillan. p. 342.
- ^
"The Harvard Charter of 1650"
. Harvard University
. Retrieved
6 February
2019
.
- ^
"Governance Documents"
. Yale University. 5 August 2015
. Retrieved
6 February
2019
.
- ^
Elsie Worthington Clews Parsons (1899).
Educational Legislation and Administration of the Colonial Governments
. Macmillan. p. 300.
- ^
"March 1764: College Charter Granted"
.
Brown University Timemline
.
- ^
"History of Hampden-Sydney College"
(PDF)
. Hampden-Sydney College.
Archived
(PDF)
from the original on 9 February 2019
. Retrieved
6 February
2019
.
- ^
Shanahan, Theresa; Nilson, Michelle; Broshko, Li Jeen (8 February 2016).
The Handbook of Canadian Higher Education
. McGill-Queen's Press. pp. 59?60.
ISBN
9781553395058
.
- ^
Hind, Henry Youle (1890).
The University of King's College, Windsor, Nova Scotia: 1790?1890
. Church Review Company. pp.
26
?30.
- ^
"History"
. University of King's College
. Retrieved
16 February
2019
.
- ^
"King's College Act"
.
NSLegislature.ca
. 3 December 1998
. Retrieved
16 February
2019
.
The Royal Charter, bearing date May 12, 1802, granted by His Majesty King George III, authorizing the 'Governors, President and Fellows of King's College at Windsor in the Province of Nova Scotia' to confer degrees, is not affected by this Act, except in so far as may be necessary to give effect to this Act.
- ^
"1821 Charter"
. McGill University
. Retrieved
16 February
2019
.
- ^
"1852 Charter"
. McGill University
. Retrieved
16 February
2019
.
- ^
"King's College, New-Brunswick, January 1, 1829. Inauguration of the Chancellor"
.
The New-Brunswick Religious and Literary Journal
.
1
: 4?7. 1829.
- ^
"UNB's Heraldic Tapestries"
. University of New Brunswick
. Retrieved
16 February
2019
.
- ^
"The University's original charter"
. University of Toronto
. Retrieved
15 February
2019
.
- ^
"The Cobourg Years: 1829?1849"
. Victoria University
. Retrieved
15 February
2019
.
- ^
Reed, Thomas Arthur (1952).
A History of the University of Trinity College, Toronto, 1852?1952
. University of Toronto Press. pp. 48?49.
- ^
Dorrance, Nancy (2018).
"The Queen's royal charter"
.
Queen's Alumni Review
. Queen's University.
- ^
"Copy of the Charter for Erecting the Seminary of Quebec into an University"
.
Accounts and Papers of the House of Commons
. 1856.
- ^
"Origin and history"
. Laval University
. Retrieved
17 February
2019
.
- ^
"1843?1853"
. Bishop's University
. Retrieved
17 February
2019
.
- ^
"Brief history"
. University of Ottawa Archives
. Retrieved
17 February
2018
.
- ^
Julia Horne (19 September 2017).
"The final barrier? Australian women and the nineteenth-century public university"
. In E. Lisa Panayotidis; Paul Stortz (eds.).
Women in Higher Education, 1850?1970: International Perspectives
. Routledge. p. 129.
ISBN
9781134458240
.
- ^
"Royal Charter of the University of Sydney"
. University of Sydney. 27 February 1858
. Retrieved
10 June
2019
.
- ^
Kieran Crichton (29 April 2016).
"Resisting the Empire? Public Music Examinations in Melbourne 1896?1914"
. In Paul Rodmell (ed.).
Music and Institutions in Nineteenth-Century Britain
. Routledge. p. 187.
ISBN
9781317092476
.
- ^
Julia Horne (19 September 2017).
"The final barrier? Australian women and the nineteenth-century public university"
. In E. Lisa Panayotidis; Paul Stortz (eds.).
Women in Higher Education, 1850?1970: International Perspectives
. Routledge. pp. 124, 128?131.
ISBN
9781134458240
.
- ^
Marjorie R. Theobald (1996).
Knowing Women: Origins of Women's Education in Nineteenth-Century Australia
. Cambridge University Press. pp. 62?64.
ISBN
9780521422321
.
- ^
V, George (1 August 2018).
"Letters Patent granted to the University of Tasmania, signed 30th August 1915"
. eprints.utas.edu.au.
- ^
"The Development of the Company"
. Worshipful Company of Saddlers
. Retrieved
19 February
2019
.
- ^
"About the Company"
. Worshipful Company of Merchant Taylors
. Retrieved
19 February
2019
.
- ^
James Paterson Ross
(June 1958).
"From Trade Guild to Royal College"
.
Annals of the Royal College of Surgeons of England
.
22
(6): 416?422.
PMC
2413659
.
PMID
19310142
.
- ^
"Timeline"
. Royal College of Physicians of London
. Retrieved
23 February
2019
.
- ^
Henry F. Berry (30 September 1903). "The Ancient Corporation of Barber-Surgeons, or Gild of St. Mary Magdalene, Dublin".
The Journal of the Royal Society of Antiquaries of Ireland
. Fifth Series.
33
(3): 217?238.
JSTOR
25507303
.
- ^
"History of RCPI"
. Royal College of Physicians of Ireland
. Retrieved
30 January
2019
.
- ^
"History of RCSI"
. Royal College of Surgeons of Ireland
. Retrieved
30 January
2019
.
- ^
"Supplemental charter"
(PDF)
. The Royal Society. 2012.
Archived
(PDF)
from the original on 29 November 2014
. Retrieved
23 February
2019
.
- ^
"History"
. Royal Irish Academy. 12 October 2015
. Retrieved
30 January
2019
.
- ^
Simon Foxell (21 August 2018).
Professionalism for the Built Environment
. Routledge. pp. 114?125.
ISBN
9781317479741
.
- ^
"What is an Organisation formed by Royal Charter or by Special Act of Parliament?"
. Better Boards. 20 August 2013
. Retrieved
4 February
2019
.
- ^
Van Vaek, Gilbert; Van Daele, Henk (1979).
"Non-University Higher Technical Education in Belgium"
.
European Journal of Education
.
14
(1): 25?36.
doi
:
10.2307/1503327
.
JSTOR
1503327
.
- ^
Gilbert Van Vaek and Henk Van Daele
Archived
23 July 2008 at the
Wayback Machine
- ^
Belgium Royal Historical Commission
Archived
13 February 2009 at the
Wayback Machine
- ^
[1]
Archived
4 April 2015 at the
Wayback Machine
When is an institution considered a recognised higher education institution or a university?
- ^
R.A. Rosenfeld (17 July 2013).
"The Society's "Royal" Charter"
. Royal Astronomical Society of Canada
. Retrieved
13 February
2019
.
- ^
a
b
Armstrong, Frederick H. (1 September 1985).
Handbook of Upper Canadian Chronology: Revised Edition By Frederick H. Armstrong 1841
. Dundurn.
ISBN
9781770700512
. Retrieved
28 July
2014
.
- ^
"The Canadian Encyclopedia: Literary and Historical Society of Quebec"
. Retrieved
11 December
2014
.
- ^
"History"
. Royal Society of Canada. 27 July 2018
. Retrieved
1 February
2019
.
- ^
"Chronological timelines"
. Royal Life Saving Society of Canada. Archived from
the original
on 15 August 2016.
- ^
a
b
"The Charter"
. Hudson's Bay Company
. Retrieved
14 June
2007
.
- ^
"Values of the Royal Commonwealth Society"
.
Archived
6 July 2011 at the
Wayback Machine
. The Royal Commonwealth Society (4 January 2007). Retrieved 2 May 2012.
- ^
"About us"
.
Archived
5 July 2008 at the
Wayback Machine
. Royal Academy of Dance Canada. Retrieved 2 May 2012.
- ^
Canada4Life; Nova Scotia
Archived
4 October 2008 at the
Wayback Machine
. Canada4life.ca. Retrieved 2 May 2012.
- ^
City Solicitor (June 2000),
"Powers of Canadian Cities: The legal framework"
,
Canada's Cities: Unleash our Potential
, Toronto: City of Toronto, archived from
the original
on 17 July 2010
, retrieved
23 May
2009
- ^
Canada's Cities: Unleash our Potential
Archived
17 July 2010 at the
Wayback Machine
. Canadascities.ca (1 September 2001). Retrieved 2 May 2012.
- ^
Text of letters patent (royal charter) of incorporation, dated 9 September 1935.
Archived
3 April 2015 at the
Wayback Machine
Retrieved 8 July 2011.
- ^
"Celebrating 145 years"
. University of South Africa
. Retrieved
30 January
2019
.
- ^
"Brief History"
.
Royal Society of South Africa
. 5 July 2012. Archived from
the original
on 17 January 2014.
- ^
"Royal Charters"
. Privy Council
. Retrieved
20 February
2019
.
- ^
"Applying for a Royal Charter"
. Privy Council
. Retrieved
20 February
2019
.
- ^
"Court of Appeal dismisses judicial review challenge to grant of Royal Charter"
. Withers. 30 June 2016
. Retrieved
20 February
2019
.
- ^
a
b
"Chartered bodies"
. Privy Council
. Retrieved
20 February
2019
.
- ^
Allan James (31 October 2006).
"Trade mark application No 2226144 by the CFA Institute to register the following trade mark in class 36 and opposition to the registration under No 91541 by the Chartered Insurance Institute"
(PDF)
. Retrieved
6 February
2019
.
- ^
"Annex A: Sensitive words and expressions specified in regulations that require the prior approval of the Secretary of State to use in a company or business name"
.
Companies House
. 9 August 2018
. Retrieved
20 February
2019
.
- ^
"Certification and collective marks"
.
Trade marks manual
.
Intellectual Property Office
. 14 January 2019
. Retrieved
20 February
2019
.
- ^
"Company Registration Number Formats"
.
HMRC.gov.uk
. Retrieved
30 January
2019
.
- ^
Gordon R. Clapp (February 1934). "The College Charter".
The Journal of Higher Education
.
5
(2).
Taylor and Francis
: 79?87.
doi
:
10.1080/00221546.1934.11772495
.
JSTOR
1975942
.
External links
[
edit
]