Legal Definitions - secundum chartam conficiendam

Secundum chartam conficiendam is a historical Latin legal phrase that translates to "according to a charter to be granted" or "in accordance with a charter yet to be drawn up." It describes a situation where an agreement, action, or status is dependent upon, or will be governed by, the specific terms of a formal document (a charter) that has not yet been created or officially issued. This phrase was primarily used in historical legal contexts, often related to royal grants, the formation of corporations, or the establishment of new rights and privileges.

• Example 1: Medieval Land Grant

  Imagine a medieval monarch promising a loyal knight a new estate as a reward for valor. The king might declare that the knight will hold the land and its associated rights secundum chartam conficiendam. This means that while the promise of the land is made, the precise boundaries of the estate, the specific feudal duties the knight owes, and any special privileges granted would only become legally binding and fully defined once the formal royal charter detailing these terms was officially drafted, sealed, and delivered.

• Example 2: Early Corporate Formation

  In the 17th century, a group of merchants might seek royal approval to form a new trading company for overseas ventures. Even if the Crown gives an initial verbal or preliminary approval, the company's full operational powers, limitations, and governance structure would be understood to be secundum chartam conficiendam. The company could not legally commence its full activities or exercise its complete authority until the detailed royal charter, outlining its corporate structure, monopolies, and responsibilities, was formally prepared and officially granted.

• Example 3: Colonial Governance

  Consider a European power in the age of exploration planning to establish a new colony. An initial royal proclamation might outline the broad intention to colonize a territory and appoint a governor. However, the specific laws, administrative structure, and the rights and responsibilities of the colonists within that territory would be established secundum chartam conficiendam. This indicates that these crucial details would be defined and formalized in a subsequent, comprehensive colonial charter, which would serve as the foundational legal document for the new settlement.