Page:Cyclopaedia, Chambers - Volume 1.djvu/357

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ther with others relating to the Feudal Laws of 'William the Conqueror, granted by Henry I. all confirm 'd by the fuc- ceeding Princes above thirty times. See Magna Charts,.

Charta de Forefta. See Charter, of the For eft.

Charta Simplex, is a fingle Deed, or Deed-Poll. See Deed.

Charta Tardonatioms fe defendendo, is the form of a Pardon for killing another Man in his own defence. See Manslaughter.

Charta Pardonationis UilagarieP, is the form of Par- don of a Man who is Outlaw'd. See Outlawry.

CHARTEL, or CARTEL, a Letter of Defiance* or a Challenge to fingle Combat ; much in ufe when thofe Combats were praftis'd, for the deciding of difficult, and not otherwife to be determin'd Controverfies at Law; See Combat, Duel, Champion, &c.

CHARTER, or CHARTA, an Inftrument, or written Evidence of a thing under the Seal of a Prince, Lord, Church, Chapter, or Community.

Braffon Uys, Donations arefometimes made taCbarters, in perpetitam ret Memoriam. He adds, that of Charters fome are Royal, others of private Perfons.

Of Royal, fome are Private, fome Common, fome Uni- Verfal.

Of private Charters, fome are de pztro Feoff amento, others de conditionali Feoffamento, others of Recognition, pure or conditional, others of Confirmation, &c.

Charters of the King, are thofe whereby a King makes a Grant to a Perfon, or Community ; v. g. a Charter of Exemption, that a Perfon Ihall not be impanell'd on a Jury, &c.

Charter of Pardon, is that whereby a Perfon is for- given a Felony, or other Offence againft the King's Crown and Dignity. See Pardon.

Charter of the Fore ft, is that wherein the Laws of the Foreft are compriz'd and eflabliflVd, together with the Magna Charta, or Great Charter. See Forest.

Great Charter, or Magna Charta. See MagnaC/j^W.

The Word Charter comes from the Latin Charta, anti- ently us'd for a publick or authentick Act, a Donation, Contract, &o. from the Greek %d§nt; thick 'Paper, or < Paft- toard, whereon publick Acts were uied to be wrote.

Ch arter- J?ok/&. See Chartreuse.

Charter-Z^/W, in Law, is fuch as a Man holds by Charter, that is, by Evidence in writing ; otherwife call'd Freehold. See Freehold.

This the Saxons call'd Sockland: which Lambard ren- ders, Terra ex fcripto-. See Bockland.

It was held on more eafy Conditions than the Falkland $ or lerra fine fcripto, held without writing : the former being hereditaria, libera £S> immunis ; whereas the latter cenfum penfitahat annuum atque officiorum quadam fervi- ture erat obligatus. See Folkland.

CHARTERPARTY, in Commerce, the Inftrument of Freightage; or Articles of Agreement for the Hire of a Vefc fel ; or the Invoice or Cargo of a Vcflel. See Freight, &c.

The Cbarterparty is to be in writing ; and to be fign'd both by the Proprietor, or the Mafter of the Ship; and the Merchant who freights it.

The Cbarterparty is to contain the Name and the Bur- den of the Vefiel; thofe of the Mafter and the Freighter ; the Price or Rate of Freight ; the Time of loading and unloading ; and the other Conditions agreed on,

'Tis properly a Deed, or Policy, whereby the Mafter or Proprietor of the Veflel engages to furnifli immediately a tight found Veflel, well equipp'd, caulk'd and ftopp'd, pro- vided' with Anchors, Sails, Cordage, and all other Furni- ture to make the Voyage requir'd, as Equipage, Hands, "Victuals, and other Munitions ; in consideration of a cer- tain Sum to be paid by the Merchant for the Freight. Laftly, the Ship, with all its Furniture, and the Cargo, are refpe&ively fubjected to the Conditions of the Gharterparty.

The Cbarterparty differs from a Sill of Lading, in that the firft is for the entire Freight, or Lading, and that both for going and returning ; whereas the latter is only for a Part of the Freight, or at moft only for the Voyage one way.

The Prefident Soyer fays, the Word comes from hence, that per medium Charta incidebatur, & fie fiehat Charta partita ; becaufe in the Time when Notaries were lefs common, there was only an AB of Convention for both Par- ties : this they cut in two, and gave each his Portion, and join'd them together at their Return, to know if each had done his Part. This he obferves to have feen praflis'd in his Time ; agreeable to the Method of the Romans, who, in their Stipulations, us'd to break a Staff", each Party re- taining a Moiety thereof as a Marie.

CHARTIS Reddendls, a Writ which lies againft him that hisCbarters of Feoffment intruded to his keeping, and rcfufeth to deliver them to the Owner.

CHARTOPHYLAX, an Officer in the Church of Con- ftantimtte.

Codiu calls the grand Cbartophylax the Judge of all 3

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Caufes, and the right Arm of the Patriarch. He acid's; that he was the Depofitory or Keeper of all the Charters relating to the Ecclefiaftical Rights ; that he prefided over Matrimonial Caufes, and was Judge of all the Clergy. He drew up all Sentences and Decifions of the P.itriarch, who fign'd and feal'd them; prefided in the grand Council of the Patriarch, took cognizance of all Matters and Caufes Ecclefiaftical and Civil, whether among the Clergy, the Monks, or the People.

He took place of all the BifTiops ; tho himfelf only a Deacon ; and, on occafion, difcharg'd the Functions of the Priefts : He had twelve Notaries under him.

The Cbartophylax was the fame at Conftantinople with the Cbartulary at Rome. See Chartueary.

There were, in reality, two Officers who bore this Title ; the one for the Court, the other for the Patriarch ; the firft call'd alfo Regiftrator, and the latter Scrinarim : tho the two are ufually confounded together. Lcwiclavius, and others, confound Cbartophylax with Cbartulary.

The Word is form'd from ;ytfra, and pua, Cuftodio ; and fignifies Charter-keeter. '

CHARTREUSE, a Monaftery otCurtbuUnf, fo call'd from the Name of a fteep rocky Place, in a frightful De- fart five Leagues from Grenoble in France ; where S. Srmo retir'd from the World, and firft inftituted the Or- der of Cartbtlfians. See Carthusian.

The Name has fince pafs'd to all Houfes of Cartbttfians ; and that near Grenoble, is now diilinguifh'd by the Name of the great Cbartreufe.

That of London, corruptly call'd Charterbonfe, is now converted into a College, call'd from its Founder Sutton's Hofpital; firft endow'd, with 4000 /. per Annum, fince im- prov'd to 6000.

It is to confift of decay'd Gentlemen, Soldiers, and Mer- chants 5 eighty of whom have a plentiful Maintenance of Diet, Lodging, Clothes, Phyfick, ££c. living together in a Collegiate manner ; and of Scholars, or. Youths, 44 of whom are taught, and lupply'd with Neceffaries, and fuch of them as are fit for the Univerfity fent thither, with an Exhibition of 20 /. per Annum, for eight Years; the reft put to Trades.

For the Superintendency of this Hofpital, there are 15 Overfecrs, or Regulators, appointed by the King's Letters Patent under the Great Seal; and thofe of the prime Qua- lity. The ordinary Officers are, a Mafter, Preacher, Re- gifter, Treafurer, School-Mafter, &c.

CHARTREUX, Religious of the Order of S. SruitOi call'd alfo Cartbllfians. See Carthusians.

CHARTULARY, CHARTULARIUS, a Title given to an antient Officer in the Latin Church, who had the Care of Charters and Papers relating to publick Affairs.

The Cbartulary prefided in Ecclefiaftical Judgments, in lieu of the Pope.

In the Greek Church, the Cbartulary was call'd Cbarto- phylax - 7 but his Office was there much more confiderable ; and fome even diifinguifh the Cbartulary from the Cbar- tophylax in the Greek Church. See Chartophylax.

CHASE, in Law, is us'd for a driving of Cattel to or from any Place; as to a Diftrefs, a Fortler, t£ic.

Chase, or Chace, is alfo a Place of Retreat for Deer and wild Beafts ; of a middle kind, between a Forefi and a 'Park ; being ufually lefs than a Forefi, and not poffefs'd of fo many Privileges; but wanting, v.g. Courts of Attach- ment, Snxanhnote, and Juftice Seat. See Forest.

Yet is it of a larger Extent, and ftock'd both with a greater Diverfity of wild Beafts, or Game, and more Keep- ers than a Park. See Parr.

Crompton obferves, that a Foreft cannot be in the Hands of a Subject, but it forthwith lofes its Name, and becomes a Chafe ; in regard, all thofe Courts lofe their Nature when they come into the Hands of a Subject ; and that none but the King can make a Lord Chief Juftice in Eyre of the Foreft. See Justice in Eyre.

Yet the fame Author adds, that a Foreft may be grant- ed by the King to a Subject, in fo ample a manner, as that there may be a Court of Attachment, Swainmote; and a Court equivalent to a Jaftice Seat.

Chase, in the Sea Language, is to purfue a Ship; which is call'd alfo giving Chafe.

A ftern Chase, is when the Chafer follows the Chafed a-ltern, directly upon the fame Point of the Compafs. To lie with a Ship's Fore-foot in a Chafe, is to fail, and meet with her by the neareft Diflance, and fo to crofs her in her Way, or to come a-crofs her Fore-foot.

A Ship is faid to have a good Chafe, when fbe is fo built forward on, or a-ftern, that file can carry many Guns to fTioot forwards or backwards ; and fo hath either a good forward, or good ftern Chafe.

Chase-Gz««, are fuch whofe Ports are either in theHead (and then they are ufed in chafing of others) or in the Stern, which are only ufeful when they are purfu'd or chas'd by any other Ship. See Gun,

Chass