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The Magna Cart A Pre-American Revolution

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Pre American Revolution, King George III declared that subjects under British rule were "the freest members of any civil society in the known world" (McCullough); however, these freedoms were not always extended to colonists in the Americas and they utilized common law, which referred to all the perceived rights of British subjects, to argue as such.
To understand such a claim, British history in government must first be understood. In all of British history, few documents have held as much credence as the Magna Carta. According to George Carden, the Magna Carta was perhaps the most important early example of a written statement of law as it limited the powers of the king and listed a few rights of the nobility (1-2). Established for the Feudalism …show more content…

Whether the new colonies were founded for corporate, compact, or proprietary settlements, each colony was settled with a definite goal in mind under the greater leadership of the King; this was done so with Charters. Charters were essentially the governing document of a colony, which dictated the form and function of the colonial government as well as determined the qualifications of those to seek office or aid in choosing the members of government (Coleman 1). Depending on the type of charter established upon settlement, different levels of independence were granted by the Monarchy, but it can be inferred that the settlers themselves did not expect any differentiation of treatment under the law when compared to their England-born counterparts. Such a happening was even protected against by the Signature of King James upon documents such as the Charter of Massachusetts Bay and The First Virginia Charter. These documents similarly proclaimed, that all subjects born within the colonies or coming to and from the colonies shall have and enjoy the same freedoms as any born within the realm of England, so long as they remain a free and natural subject under the dominion of the King and the constructions and purposes of England (The Rhetoric …show more content…

Desperate, Parliament created a string of new laws raising taxation, and the enforcement of taxation, in both England and the colonies. Such tightened control and utter lack of representation within British Parliament created an almost implicit obedience to the crown that the colonists never intended to enter in the first place (Franklin 1). Many believed the new English power threatened their rights as Englishmen as well as their natural rights, a sentiment that became increasingly popular with the rise of scholars and philosophers such as John Locke (Stone 88). Another scholar known as Sir Coke, seen heroically in the eyes of the founders, became the first to boldly utilize common law and hold the King accountable to the facts that he could no longer: tax without just cause, require subjects to make loans, throw people off the land, throw people in prison, or execute subjects without the support of the nobility, and the men of the church and Parliament (The Rhetoric 4). It was men like Coke, Locke, and Paine whose philosophies and pleas for change incited the colonists to the level of

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