{"id":"a-db-1781","name":"MAGNA CARTA (1297) 25 EDW 1 C 29","slug":"magna-carta-1297-25-edw-1-c-29","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":233538,"registerId":"act-magna-carta-1297-25-edw-1-c-29-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"MAGNA CARTA (1297) 25 EDW 1 C 29","content":"Australian Capital Territory\nMagna Carta (1297)\n25 Edw 1 c 29\nRepublication No 1\nRepublication date: 5 July 2002\nAuthorised by the ACT Parliamentary Counsel\n\nAbout this republication\nThe republished law\nThis is a republication of the Magna Carta (1297) 25 Edw 1 c 29 as in force on 5 July\n2002. It includes any commencement, repeal or expiry affecting the republished law and\nany amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).\nThe legislation history and amendment history of the republished law are set out in\nendnotes 3 and 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see\nthe ACT legislation register at www.legislation.act.gov.au):\n authorised republications to which the Legislation Act 2001 applies\n unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been\nmade by an Act commencing on the republication date (see Legislation Act 2001, s 115\nand s 117). The changes are made if the Parliamentary Counsel considers they are\ndesirable to bring the law into line, or more closely into line, with current legislative\ndrafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced or is affected by an\nuncommenced amendment, the symbol U appears immediately before the provision\nheading. The text of the uncommenced provision or amendment appears only in the last\nendnote.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision\nappears in the endnotes. For the legal status of modifications, see Legislation Act 2001,\nsection 95.\nPenalties\nThe value of a penalty unit for an offence against this republished law at the republication\ndate is—\n(a) if the person charged is an individual—$100; or\n(b) if the person charged is a corporation—$500.\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagna Carta (1297)\n25 Edw 1 c 29\nContents\nPage\nThe Great Charter of the Liberties of England and the\nLiberties of the Forest confirmed by King\nEdward\n29 Imprisonment etc contrary to law 2\nEndnotes\n1 About the endnotes 3\n2 Abbreviation key 3\n3 Legislation history 4\n4 Amendment history 4\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagna Carta (1297)\n25 Edw 1 c 29\nThe Great Charter of the Liberties of\nEngland and the Liberties of the Forest\nconfirmed by King Edward\nEdward, by the grace of God, King of England, Lord of Ireland\nand Duke Guyan:\nTo all archbishops, bishops, etc:\nWe have seen the Great Charter of the Lord Henry sometimes\nKing of England, our father, of the liberties of England in these\nwords:\nHenry, by the Grace of God, King of England, Lord of Ireland,\nDuke of Normandy and Guyan, and Earl of Anjou, to all\narchbishops, bishops, abbots, priors, earls, barons, sheriffs,\n\nR1 Magna Carta (1297)\n25 Edw 1 c 29\npage 2\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nprovosts, officers, and to all bailiffs and other our faithful\nsubjects, who shall see this present Charter, greeting:\nKnow you that We, unto the honour of Almighty God, and for\nthe salvation of the souls of our progenitors and successors,\nKings of England, to the advancement of Holy Church and\namendment of our realm, of our free will, have given and\ngranted to all archbishops, bishops, abbots, priors, earls, barons,\nand to all freemen of this our realm these liberties following, to\nbe kept in our Kingdom of England forever:\n29 Imprisonment etc contrary to law\nNo freeman shall be taken or imprisoned, or disseised of his\nfreehold, liberties or free customs, or be outlawed or exiled or in\nany other wise destroyed; nor will We pass upon him nor\ncondemn him, but by lawful judgment of his peers or by the law\nof the land.\nWe will sell to no man, and we will not deny or defer to any man,\neither justice or right.\nWe, ratifying and approving these gifts and grants aforesaid,\nconfirm and make strong all the same for us and our heirs\nperpetually, and by the tenor of these presents do renew the\nsame: willing and granting for us and our heirs that this Charter\nand all and singular its articles for ever shall be steadfastly,\nfirmly and inviolably observed.\n\nEndnotes\nAbout the endnotes 1\nR1 Magna Carta (1297)\n25 Edw 1 c 29\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and\nthe amendment history. Current modifications are not included in the\nrepublished law but are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3\nare annotated in the amendment history. Full details of any amendments can\nbe obtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws and expiries are listed in the legislation\nhistory and the amendment history. These details are underlined.\nUncommenced provisions and amendments are not included in the\nrepublished law but are set out in the last endnote.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\nIf the republished law includes penalties, current information about penalty\nunit values appears on the republication inside front cover.\n2 Abbreviation key\nam = amended ord = ordinance\namdt = amendment orig = original\nch = chapter p = page\ncl = clause par = paragraph\ndef = definition pres = present\ndict = dictionary prev = previous\ndisallowed = disallowed by the Legislative (prev...) = previously\nAssembly prov = provision\ndiv = division pt = part\nexp = expires/expired r = rule/subrule\nGaz = Gazette reg = regulation/subregulation\nhdg = heading renum = renumbered\nins = inserted/added reloc = relocated\nLA = Legislation Act 2001 R[X] = Republication No\nLR = legislation register s = section/subsection\nLRA = Legislation (Republication) Act 1996 sch = schedule\nmod = modified / modification sdiv = subdivision\nNo = number sub = substituted\nnum = numbered SL = Subordinate Law\no = order underlining = whole or part not commenced\nom = omitted/repealed or to be expired\n\nEndnotes\nLegislation history 3\nR1 Magna Carta (1297)\n25 Edw 1 c 29\npage 4\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis Act was originally a UK Act—Magna Carta (1297) 25 Edw 1 c 29\n(UK).\nThe Act was in force in NSW immediately before 1 January 1911 (the date\nof establishment of the ACT) and was continued in force by the Seat of\nGovernment Acceptance Act 1909 (Cwlth), s 6.\nUnder the Seat of Government (Administration) Act 1910 (Cwlth), s 4 the\nAct had effect in the ACT as if it were an ACT law (subject to ordinances\nmade under the Seat of Government (Administration) Act 1910).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth),\ns 34 (4) converted most former UK laws in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and\nrepeal the laws. This Act was converted into an ACT enactment on 11 May\n1989 (self-government day).\nUnder the Interpretation Act 1967 (repealed), s 65 all former UK Acts in\nforce in the ACT immediately before 10 November 1999 (including this Act)\nbecame, for all purposes, laws made by the ACT Legislative Assembly. This\ncompleted the process of making former UK Acts fully into ACT laws.\nMagna Carta (1297) 25 Edw 12 c 29\nas amended by\nImperial Acts Application Act 1986 A1986-93 s 5 and sch 3 pt 2\nnotified 12 January 1987 (Cwlth Gaz 1986 No S1)\ns 5 and sch 3 pt 2 commenced 12 January 1987 (s 2 (1))\n4 Amendment history\nThe Imperial Acts Application Act 1986 (the 1986 Act), sch 3, pt 2 set out the\ntext of this Act in an amended form and provided for the amended form to\napply as the text of the Act in force in the ACT (see 1986 Act, s 5 (1), (4)\nand (5)).\nChapters 1 to 28 and 30 to 37 were omitted by the 1986 Act.\nThe enacting provision and the confirmation provision at the end were\namended by the 1986 Act to omit obsolete and unnecessary words.\nThis Act has not been amended since the enactment of the 1986 Act.\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at\nwww.legislation.act.gov.au\n© Australian Capital Territory 2002","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The 1986 Imperial Acts Application Act revised the text for ACT operation: it omitted chapters 1–28 and 30–37 and amended enacting/confirmation wording, narrowing the in-force content to the core liberties provision. The republication formalises that reduced scope and records editorial updates; there have been no substantive amendments to the retained clause since 1986 (endnotes 3–4)."},"complexity_factors":["Historical origin and cross-jurisdictional conversion (UK Act continued into ACT law via Seat of Government and later converted under self-government) increases tracing complexity (endnotes 3–4).","Archaic language and undefined medieval terms (eg, “freeman”, “our heirs”) create interpretive ambiguity.","Limited substantive text (one main clause) reduces structural complexity but raises reliance on modern interpretation and supporting legislation.","Editorial and amendment history: the 1986 Imperial Acts Application Act omitted multiple chapters and altered enacting/confirmation wording, so comparing original text to current effect requires consulting amendment history (endnote 4).","Republication mechanics (editorial amendments under the Legislation Act 2001) and noted penalty-unit values add technical compliance details."],"plain_english_summary":"This republication makes the 1297 Magna Carta a current law in the ACT, preserving its central legal rule: a \"freeman\" cannot be arrested, dispossessed, outlawed, exiled or destroyed except by lawful judgment of his peers or by the law of the land, and the Crown must not sell, deny or delay justice. Mechanically, it constrains executive action: detention and loss of property must follow legal process (decided by courts or lawful judgment), placing the obligation on the state to justify those actions."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":true,"description":"The original Magna Carta 1297 contained 37 chapters dealing with feudal obligations, inheritance taxes, fishing rights, forest law, and medieval commercial regulations. The ACT version has been heavily truncated — only Chapter 29 survives, plus the enacting preamble. The Imperial Acts Application Act 1986 deliberately stripped out 35 of the 37 chapters as obsolete (covering matters like 'widows shall not be compelled to marry', 'merchants may enter and leave England safely', and 'no bailiff shall put anyone to trial without reliable witnesses'). What remains is essentially a human rights 'greatest hits' version, preserving only the due process protections while discarding the medieval feudal apparatus. So while the scope has narrowed dramatically from the original 1297 statute, it has arguably sharpened into its most enduring and relevant form."},"complexity_factors":["Extremely short substantive text (only 2 operative paragraphs in Chapter 29)","No defined terms section","No cross-references to other legislation within the operative provisions","Simple, declarative language (though archaic)","Single operative provision with straightforward prohibitions","Complexity arises only from: (a) 13th-century English language requiring translation for modern readers, and (b) extensive legislative history notes explaining how a 1297 UK statute became ACT law"],"plain_english_summary":"**What this legislation does:**\n\nThis is the **Magna Carta of 1297**, one of the most famous legal documents in history, adopted into Australian Capital Territory law. It contains the iconic **Chapter 29** (sometimes called Clause 39 in earlier versions), which establishes fundamental protections against arbitrary imprisonment and guarantees access to justice.\n\n**Key protections in plain language:**\n\n*   **No arbitrary imprisonment** — The government cannot arrest, jail, or punish any free person without following proper legal procedures.\n*   **Due process** — Nobody can be condemned except by \"lawful judgment of his peers\" (a jury trial) or \"by the law of the land\" (proper legal process).\n*   **No seizure of property** — The government cannot take away someone's land, rights, or freedoms without legal authority.\n*   **Justice cannot be bought or delayed** — The famous line \"We will sell to no man, and we will not deny or defer to any man, either justice or right\" means justice must be available to everyone, not just those who can pay, and cannot be unjustly delayed.\n\n**Who it affects:**\n\nEvery person in the ACT. While originally written in 1297 for \"freemen\" (free men, as opposed to serfs), these principles now apply universally as foundational human rights protections.\n\n**Why it matters:**\n\nThis 700-year-old document remains **legally binding law** in the ACT. It underpins modern concepts of:\n*   The rule of law (nobody is above the law, including the government)\n*   Habeas corpus (the right to challenge unlawful detention)\n*   Due process and fair trial rights\n*   Protection from arbitrary executive power\n\nIt is essentially the ACT's legislative ancestor for civil liberties — the original \"don't tread on me\" law that says the government must play by the rules."}},"importantCases":[],"_links":{"self":"/api/acts/magna-carta-1297-25-edw-1-c-29","history":"/api/acts/magna-carta-1297-25-edw-1-c-29/history","analysis":"/api/acts/magna-carta-1297-25-edw-1-c-29/analysis","conflicts":"/api/acts/magna-carta-1297-25-edw-1-c-29/conflicts","importantCases":"/api/acts/magna-carta-1297-25-edw-1-c-29/important-cases","documents":"/api/acts/magna-carta-1297-25-edw-1-c-29/documents"}}