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The Charter

A meditation on Magna Carta and the foundations of liberty

Today Key Clauses History Legacy Surviving Copies Meditate About

Key Clauses of Magna Carta

Of the original 63 clauses, only 4 remain in English law today: 1 (part), 13, 39, and 40.

Clause I — The Church The English Church shall be free, and shall have its rights undiminished, and its liberties unimpaired.

Significance: Protected religious institutions from royal interference. Established that some bodies exist beyond the king's absolute authority.

Clause XII — Taxation No scutage or aid may be levied in our kingdom without its general consent.

Significance: 'No taxation without representation' — this principle would echo through centuries to the American Revolution.

Clause XIII — London's Liberties The city of London shall enjoy all its ancient liberties and free customs, both by land and by water.

Significance: Still technically in force. Affirms the self-governance of municipalities.

Clause XXXVIII — Evidence In future no official shall place a man on trial upon his own unsupported statement, without producing credible witnesses to the truth of it.

Significance: The right to face your accusers and see evidence against you. Foundation of fair trial.

Clause XXXIX — Due Process No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals, or by the law of the land,

Significance: The heart of Magna Carta. Due process, habeas corpus, trial by jury — all trace here.

Clause XL — Justice for All To no one will we sell. to no one will we refuse or delay. right or justice.

Significance: Justice cannot be bought, sold, or indefinitely delayed. Still in force in English law today.

Clause LX — Universal Application All these customs and liberties that we have granted shall be observed in our kingdom... and all men of our kingdom, whether clergy or laymen, shall observe them.

Significance: The charter applied to all — not just barons, but 'all men of our kingdom.' A seed of equality.