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Magna Carta (1297)

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Magna Carta (1297)

1297 CHAPTER 9 25 Edw 1 cc 1 9 29

X1X2THE GREAT CHARTER OF THE LIBERTIES OF ENGLAND, AND OF THE LIBERTIES OF THE FOREST; CONFIRMED BY KING EDWARD, IN THE TWENTY-FIFTH YEAR OF HIS REIGN.

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X1The original text of this Act was not modern English. The traditional translation appears first with obsolete characters modernised. The original text (as an image) appears second.The full reference to the chapter numbers of this Statute includes c. 37 of which has been partly repealed.

X2The Latin Indorsement beginning “Magna Carta” is at the bottom of Membrane 38, of the Roll, being the last of the three Membranes on which are entered The Inspeximus and Confirmation of the Great Charter and of the Charter of the Forest, the Charter of Confirmation in French, and the King's Pardon; in Order as they are printed from hence [Statutes of the Realm, volume 1, page 114] to the End of page 124. In all former Printed Copies the Great Charter and the Charter of the Forest, as granted by King Henry III. and confirmed by King Edward I. have been inserted under the ninth year of K. Henry III. See the Collection of Charters of Liberties preceding the Statutes [in Statutes of the Realm, volume 1], and Chapter II. of the Introduction prefixed to [the same] Volume. The Various Readings marked L. are from the Charter of Inspeximus 25 Edw. I, under the Great Seal preserved among the Archives of the City of London. See page 33, of the Charters of Liberties [in Statutes of the Realm, volume 1].

EDWARD by the Grace of God King of England, Lord of Ireland, and Duke of Guyan, [X3to 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:

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X3Variant reading of the text noted in The Statutes of the Realm as follows: To All to whom these present Letters shall come; Greeting.

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, which shall see this present Charter, Greeting: Know Ye, that We, unto the honour of Almighty God, and for the salvation of (X4) the souls of our Progenitors and Successors [Kings of England,] to the advancement of Holy Church and amendment of our Realm, of our meer and 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 for ever.

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X4Variant reading of the text noted in The Statutes of the Realm as follows: our Soul and

I Confirmation of Liberties.E+W

FIRST, We have granted to God, and by this our present Charter have confirmed, for Us and our Heirs for ever, that the Church of England shall be free, and shall have all her whole Rights and Liberties inviolable. We have granted also, and given to all the Freemen of our Realm, for Us and our Heirs for ever, these Liberties under-written, to have and to hold to them and their Heirs, of Us and our Heirs for ever.

II–VI. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W

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Amendments (Textual)

VII. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W

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Amendments (Textual)

F2C. 7 repealed by Administration of Estates Act (1925) (c. 23), s. 56, Sch. 2 Pt. I, Administration of Estates Act (Northern Ireland) 1955 (c. 24), s. 46, Sch. 3 and Statute Law (Repeals) Act 1969 (c. 52), Sch. Pt. I

VIII. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3E+W

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Amendments (Textual)

IX Liberties of London, &c.E+W

THE City of London shall have all the old Liberties and Customs [which it hath been used to have]. Moreover We will and grant, that all other Cities, Boroughs, Towns, and the Barons of the Five Ports, and all other Ports, shall have all their Liberties and free Customs.

X. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4E+W

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XI—XII.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5E+W

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XIII. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6E+W

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XIV. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7E+W

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XV–XVI. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8E+W

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XVII. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9E+W

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XVIII. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10E+W

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XIX–XXI. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11E+W

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XXII. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12E+W

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XXIII. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13E+W

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XXIV. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14E+W

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XXV. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15E+W

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XXVI. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16E+W

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F16C. 26 repealed by the Acts 9 Geo. 4 c. 31 s. 1 and 10 Geo. 4 c. 34 s. 1

XXVII–XXVIII. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17E+W

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Amendments (Textual)

XXIX Imprisonment, &c. contrary to Law. Administration of Justice.E+W

NO Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor [X5condemn him,] but by lawful judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right.

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X5Variant reading of the text noted in The Statutes of the Realm as follows: deal with him,

XXX. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18E+W

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XXXI. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19E+W

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XXXII. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20E+W

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XXXIII—XXXIV.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21E+W

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XXXV. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22E+W

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Amendments (Textual)

XXXVI–XXXVII. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23E+W

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Amendments (Textual)

General Saving. Observance of these Liberties. Subsidy, in respect of this Charter and Charter of the Forest.E+W

Reserving to all Archbishops, Bishops, Abbots, Priors, Templars, Hospitallers, Earls, Barons, and all Persons, as well Spiritual as Temporal, all their [X6free Liberties] and free Customs, which they have had in time passed. And all these Customs and Liberties aforesaid, which We have granted to be holden within this our Realm, [X7as much as appertaineth to Us and our Heirs, we shall observe; and] all Men of this our Realm, as well Spiritual as Temporal, [X8as much as in them is, shall observe the same against all Persons, in like wise.] And for this our Gift and Grant of these Liberties, and of other contained in our Charter of Liberties of our Forest, the Archbishops, Bishops, Abbots, Priors, Earls, Barons, Knights, Freeholders, and other our Subjects, have given unto Us the Fifteenth Part of all their Moveables. And We have granted unto them on the other part, (X9) that neither We nor our Heirs shall procure or do any thing whereby the Liberties in this Charter contained shall be infringed or broken. And if any thing be procured by any person contrary to the premises, it shall be had of no force nor effect. These being Witnesses; Lord [X10B.] Archbishop of Canterbury, E. Bishop of London, J. Bishop of Bathe, P. of Winchester, H. of Lincoln, R. of Salisbury, W. of Rochester, W. of Worcester, J. of Ely, H. of Hereford, R. of Chichester, W. of Exeter, Bishops; the Abbot of St. Edmonds, the Abbot of St. Albans, the Abbot of [X11Bello,] the Abbot of St. Augustine’s in Canterbury, the Abbot of Evesham, the Abbot of Westminster, the Abbot of [X12Bourgh St. Peter,] the Abbot of Reding, the Abbot of Abindon, the Abbot of Malmsbury, the Abbot of Winchcomb, the Abbot of Hyde, the Abbot of Certesey, the Abbot of Sherburn, the Abbot of Cerne, the Abbot of [X13Abbotebir,] the Abbot of Middleton, the Abbot of Seleby, the Abbot of Cirencester; H. de Burgh [X14Justice,] H. Earl of Chester and Lincoln, W. Earl of Salisbury, W. Earl of Warren, G. de Clare Earl of Gloucester and [X15Hereford,] W. de Ferrars Earl of Derby, W. de Mandeville Earl of Essex, H. de Bygod Earl of Norfolk, W. Earl of Albemarle, H. Earl of Hereford, J. Constable of Chester, R. de Ros, R. Fitzwalter, R. de Vyponte, W. de Bruer, R. de Muntefichet, P. Fitzherbert, W. de Aubenie, F. Gresly, F. de Breus, J. de [X16Monemue,] J. Fitzallen, H. de Mortimer, W. de Beauchamp, W. de St. John, P. de Mauly, Brian de Lisle, Thomas de Multon, R. de Argenteyn, G. de Nevil, W. de Mauduit, J. de Balun, and others. (X17)

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 [X18this Charter and] all and singular his Articles for ever shall be stedfastly, firmly, and inviolably observed; [X19and if] any Article in the same Charter contained yet hitherto peradventure hath not been kept [X20We will and by authority royal command from henceforth firmly they be observed].

In Witness whereof We have caused these our Letters Patents to be made. [X21T. Edward our son at Westminster, the twenty-eighth day of March in the twenty-eighth year of our Reign.]

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Editorial Information

X6Variant reading of the text noted in The Statutes of the Realm as follows: Liberties

X7Variant reading of the text noted in The Statutes of the Realm as follows: on our part, towards our men,

X8Variant reading of the text noted in The Statutes of the Realm as follows: shall observe on their part towards their men

X9Variant reading of the text noted in The Statutes of the Realm as follows: for us and our heirs,

X10Variant reading of the text noted in The Statutes of the Realm as follows: S

X11Variant reading of the text noted in The Statutes of the Realm as follows: Battel.

X12Variant reading of the text noted in The Statutes of the Realm as follows: Peterborough

X13Variant reading of the text noted in The Statutes of the Realm as follows: Abbotsbury

X14Variant reading of the text noted in The Statutes of the Realm as follows: Chief Justicer

X15Variant reading of the text noted in The Statutes of the Realm as follows: Hertford

X16Variant reading of the text noted in The Statutes of the Realm as follows: Monmouth

X17Variant reading of the text noted in The Statutes of the Realm as follows: Given at Westminster the eleventh day of February in the ninth year of our Reign.

X18Variant reading of the text noted in The Statutes of the Realm as follows: the Charter aforesaid in

X19Variant reading of the text noted in The Statutes of the Realm as follows: even although

X20Not in Original.

X21The Old Translations read These Reverend Fathers being Witnesses; R. Archbishop of Canterbury Primate of England, A. Bishop of Duresme, and other; Given at Westminster, with our own hand, the twenty-eighth day of the month of March, the twenty-eighth year of our reign.

This agrees with the Old Printed Copies of the Latin Text:

But read

Witness Edward our Son at Westminster, the Twelfth day of October in the Twenty-fifth Year of our Reign.

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