What is the Clause 39 of the Magna Carta?
Asked by: Miss Reina McLaughlin | Last update: February 12, 2026Score: 4.2/5 (59 votes)
Clause 39 of the Magna Carta guarantees that no free man can be arrested, imprisoned, dispossessed, outlawed, exiled, or ruined except by the lawful judgment of his equals (peers) or by the law of the land, establishing fundamental rights to due process and trial by jury, a principle influential in modern constitutional law, including the U.S. Constitution and Bill of Rights.
What is the Magna Carta clause 39?
+ (39) 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.
What does clause 39 and 40 state in the Magna Carta?
Magna Carta affirmed the vital principle of freedom under the law. Clause 39 of the Charter said: 'no free man shall be imprisoned or deprived of his lands except by judgement of his peers or by the law of the land'. Clause 40 said: 'To no one shall we sell, delay or deny right or justice'.
What were on clauses 39 and 40 of the Magna Carta?
Of enduring importance to people appealing to the charter over the last 800 years are the famous clauses 39 and 40: “No free man shall be seized, imprisoned, dispossessed, outlawed, exiled or ruined in any way, nor in any way proceeded against, except by the lawful judgement of his peers and the law of the land.
What is the subject of article 39 of the Magna Carta?
Clause 39 states, “No free man shall be taken, imprisoned, disseised, outlawed, banished, or any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers and by the law of the land.” The phrase “judgment of his peers” is an affirmation of the right to trial by jury.
What Is Clause 39 Of The Magna Carta? - United Kingdom Explorers
Who did clause 39 apply to?
Clause 39 stated that no free man could be imprisoned 'except by the lawful judgment of his peers' – social equals – 'or by the law of the land'. This evolved into the principle of trial by jury, which was later confirmed in the Habeas Corpus Act 1679.
Is God mentioned in the Magna Carta?
Yes, the Magna Carta explicitly mentions God multiple times, beginning with King John's title "by the grace of God" and stating the charter was granted "in the presence of God, and for the health of Our soul, and the souls of Our ancestors and heirs, to the honour of God, and the exaltation of Holy Church". The very first clause guarantees the freedom and rights of the English Church, underscoring its Christian framework.
Who owns the Magna Carta?
In December 2007 Rubenstein purchased the last privately owned copy of Magna Carta at Sotheby's auction house in New York for $21.3 million. He has lent it to the National Archives in Washington, D.C. In 2011, Rubenstein gave $13.5 million to the National Archives for a new gallery and visitor center.
What basic American right has its origins in article 39 of the Magna Carta?
Due Process is that which comports with the deepest notions of what is fair and right and just.” 421 The content of due process is “a historical product” 422 that traces all the way back to chapter 39 of Magna Carta, in which King John promised that “[n]o free man shall be taken or imprisoned or disseized or exiled or ...
Where are the Magna Carta's today?
Two are kept in the British Library (one of which was badly damaged by fire in 1731), one in Salisbury cathedral, and one in Lincoln castle. They were all written out by different people, and while little is known about who those people were, the documents themselves provide a fascinating insight into their labours.
Does the United States follow the Magna Carta?
The Magna Carta was one of many influences on the US Constitution, but the US Constitution was not directly based on the Magna Carta. The Magna Carta is largely focused on the relationship between the King and his subjects, however the framers of the US Constitution knew they did not want a King.
What is the Latin text of the Magna Carta clause 39?
The original Latin text reads as follows: "Nullus liber homo capiatur, vel imprisonetur, aut disseisiatur, aut utlagetur, aut exuletur, aut aliquo modo destruatur, nec super eum ibimus, nec super eum mittemus, nisi per legale judicium parium suorum vel per legem terre."
What is the real Magna Carta?
Magna Carta (Medieval Latin for "Great Charter"), sometimes spelled Magna Charta, is a royal charter of rights sealed by King John of England at Runnymede, near Windsor, on 15 June 1215.
What is Article 39 of the charter of Fundamental rights?
Article 39 - Right to vote and to stand as a candidate at elections to the European Parliament. 1. Every citizen of the Union has the right to vote and to stand as a candidate at elections to the European Parliament in the Member State in which he or she resides, under the same conditions as nationals of that State. 2.
What does clause 52 of the Magna Carta mean?
The drafters of Clause 52 pinpointed disseisin, the unlawful seizure of land, as the most objectionable of these and demanded an immediate remedy for it – as, indeed, the barons had already done earlier in the year, when they swore to take action against the king `until he swore to restore to the leading men of England ...
Why is clause 39 of the Magna Carta important?
Clause 39 of the Magna Carta is known as the Habeas Corpus Clause. This clause states that no free person shall be arrested or imprisoned without a fair trial and due process of law. The colonists pointed out that the British were violating their rights and not treating them as equal citizens.
Does the US Constitution contain 39 articles in its Bill of Rights?
The United States Bill of Rights comprises the first ten amendments to the United States Constitution. It was proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists.
Which clause of the Magna Carta most directly influenced the U.S. Bill of Rights?
In crafting the Due Process Clause, the framers were strongly influenced by Magna Carta's Clause 39, so much so that Justice Story noted that the clause “is but an enlargement of the language of magna charta.”23 Similarly, Judge Dillon remarked in his commentary on the constitutional guaranties of the Fifth and 14th ...
Is Magna Carta based on the Bible?
The Magna Carta's affirmation of the supremacy of law is based on a previous understanding of higher law, i.e. God's law, which all men must obey. This earlier understanding can be seen in the Mosaic covenant of the Hebrew Scriptures.
How much is an original Magna Carta worth?
The newly-discovered Magna Carta is a very important find. Most of the 25 known originals are in museums and libraries in England. In 2007, one original was sold at auction for $21.3 million.
What is the new law of Magna Carta?
The new law aims to improve all aspects of maritime sector concerning seafarers – from maritime schools, training, welfare and handling of crew claims. The current rule under the POEA SEC is found under Section 20. A, par.
What did Einstein say about the Bible?
Albert Einstein viewed the Bible as a collection of "honorable, but still primitive legends" and called the concept of God in theology the product of human weakness, stating he didn't believe in a personal God but rather a Spinozan God revealed in the universe's lawful harmony. He felt scientists are alien to the Bible's literal creation story and that religious faith shouldn't interfere with scientific understanding, seeing religion's domain as distinct from nature's laws.
What is Donald Trump's view on Christianity?
Donald Trump identifies as a Christian, stating he is "nondenominational," though raised Presbyterian, and emphasizes his faith in God, viewing himself as a defender of religious freedom and Christianity, particularly for conservative evangelicals, promising to protect Christian values and expression in public life and government, despite some critics questioning his personal understanding or consistent practice of Christian tenets. He actively courts the evangelical vote by promoting policies that support religious expression, appointing conservative judges, and framing himself as a champion against anti-Christian bias, a stance celebrated by his base but viewed by others as blurring church and state.
What did Benjamin Franklin say about Jesus?
Benjamin Franklin admired Jesus's moral teachings, calling His system "the best the world ever saw," but had doubts about His divinity, though he didn't dogmatize on the matter, focusing instead on Jesus's ethics of doing good as exemplified in his own 13 virtues, blending classical wisdom with Christian principles for a practical, virtuous life. He valued the actions and morals of Jesus (like humility) over strict dogma, seeing revealed religion as less important than virtuous conduct for societal good.