Legal Definitions - secundum tenorem chartae confectae

The Latin phrase secundum tenorem chartae confectae translates to "according to the tenor of the charter already granted." This historical legal term refers to the principle of acting or judging in strict accordance with the precise wording, spirit, or intent of a document that has already been created or issued.

In essence, it means that a subsequent action, decision, or interpretation must conform exactly to the established conditions, rights, or obligations laid out in a pre-existing foundational document, such as a charter, grant, or other formal instrument.

• Example 1: Medieval Town Governance

  Imagine a medieval town that received a royal charter centuries ago, granting it specific rights to self-governance, operate a market, and collect its own local taxes, free from direct royal interference. If a new monarch later attempted to impose a new, direct royal tax on the town, the town council could legally resist, asserting that their autonomy and tax exemptions were protected secundum tenorem chartae confectae. This means their rights were established and guaranteed by the exact terms of the original charter already granted to them, which the monarch was bound to respect.

• Example 2: Corporate Mission and Bylaws

  Consider a non-profit organization established with articles of incorporation (its "charter") that explicitly state its sole purpose is to provide educational scholarships to underprivileged students. Years later, the organization's board of directors proposes using a significant portion of its endowment to fund a new research facility for a different academic institution. A dissenting board member or a regulatory body could challenge this decision, arguing that the proposed action is not secundum tenorem chartae confectae. The original articles of incorporation clearly define the organization's mission, and diverting funds for a different purpose would violate the established terms of that foundational document.

• Example 3: University Founding Principles

  A prestigious university was founded centuries ago under a royal charter that stipulated it must always maintain a certain number of scholarships for students from a specific, historically disadvantaged region. Decades later, facing financial pressures, the university administration considers reducing the number of these specific scholarships or converting them into loans. Alumni associations and community groups from the designated region could protest, asserting that such a change would violate the university's obligations secundum tenorem chartae confectae. The university's operations, they would argue, must continue to adhere to the precise terms and spirit of its original, already granted founding charter regarding student aid.