Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
SCHEDULE 3 Section 5
PART 2—25 EDW. 1 c. 29
(1297)—THE GREAT CHARTER OF THE LIBERTIES OF ENGLAND AND THE LIBERTIES
OF THE FOREST CONFIRMED BY KING EDWARD
Edward, by the grace of God, King of England, Lord of Ireland and Duke Guyan: To all archbishops, bishops, & c.: We have seen the Great Charter of the Lord Henry sometimes King of England, our father, of the liberties of England in these words:
Henry, by the Grace of God, King of England, Lord of Ireland, Duke of Normandy and Guyan, and Earl of Anjou, to all archbishops, bishops abbots, priors, earls, barons, sheriffs, provosts, officers, and to all bailiffs and other our faithful subjects, who shall see this present Charter, greeting:
Know you that We, unto the honour of Almighty God, and for the salvation of the souls of our progenitors and successors, Kings of England, to the advancement of Holy Church and amendment of our realm, of our free will, have given and granted to all archbishops, bishops, abbots, priors, earls, barons, and to all freemen of this our realm these liberties following, to be kept in our Kingdom of England forever:
29. No freeman shall be taken or imprisoned, or disseised of his freehold, liberties or free customs, or be outlawed or exiled or in any other wise destroyed; nor will We pass upon him nor condemn him, but by lawful judgment of his peers or by the law of the land. We will sell to no man, and we will not deny or defer to any man, either justice or right.
We, ratifying and approving these gifts and grants aforesaid, confirm and make strong all the same for us and our heirs perpetually, and by the tenor of these presents do renew the same: willing and granting for us and our heirs that this Charter and all and singular its articles for ever shall be steadfastly, firmly and inviolably observed.
1. Chapters 1 to 28 (inclusive) and 30 to 37 (inclusive), to the extent (if any) to which they were in force in the Territory immediately before the date referred to in subsection 2 (1) of the Imperial Acts Application Act 1986 ceased to be so in force by virtue of subsection 5 (2) of that Act.
2. The enacting provision, and the confirmation provision at the end have been printed in this case for their historical significance, but have been amended by the Imperial Acts Application Act 1986 to omit obsolete and unnecessary words.
PART 3—25 EDW. 3, ST. 5, c. 4 (1351)
Whereas it is contained in the Great Charter of the Franchises of England, that none shall be imprisoned nor put out of his freehold, nor of his franchises nor free custom, unless it be by the law of the land; it is accorded, assented, and established, that from henceforth none shall be taken by petition or suggestion made to our Lord the King, or to his Council, unless it be by indictment or presentment of good and lawful people of the same neighbourhood where such deeds be done, in due manner, or by process made by writ original at the common law; and that none be deprived of his franchises, or of his freeholds, unless he be duly brought into answer, and forejudged of the same by the course of the law; and if any thing be done against the same, it shall be redressed and holden for none.
PART 4—28 EDW. 3 c. 3 (1354)
No man of what estate or condition that he be, shall be put out of land or tenement, nor taken, nor imprisoned, nor disinherited, nor put to death, without being brought in answer by due process of the law.
PART 5—42 EDW. 3 c. 3 (1368)
No man be put to answer without presentment before justices, or matter of record, or by due process and writ original, according to the old law of the land: And if any thing from henceforth be done to the contrary, it shall be void in the law, and holden for error.
The preamble and enacting words were omitted by the Imperial Acts Application Act 1986 .
PART 6—2 HEN. 4 c. 1, SECTIONS 4 AND 5 (1400)
4. All his liege people and subjects may freely and peaceably, in his sure and quiet protection, go and come to his courts, to pursue the laws, or defend the same, without disturbance or impediment of any.
5. Full justice and right be done, as well to the poor as to the rich, in his courts aforesaid.