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Magna Charta and the American Revolutionary War

By

Anthony J. Fejfar, B.A., J.D., Esq., Coif

©Copyright 2010 by Anthony J. Fejfar

In most American History Courses, the major cause of the Revolutionary War of

the Colonial Americans against the British, is attributed to taxation without

representation, and more particularly, the stamp tax on tea. In fact, the primary cause of

the Revolutionary War by the Americans against the British was the refusal of the British

to recognize Magna Charta rights for the Colonial Americans. Magna Charta, the British

Constitution of the year 1215, provides, in the Freeman Clause, that all persons have a

Natural Right which prohibits government from taking Life, Liberty, or Property from a

person without a Jury Trial of the Person’s Peers, under the Law of the Land, meaning,

that the Person could not be charged with a crime that diverges substantially from the

English Common Law as of the year 1215, and also, required that any law which is

attempted to be used against a person, must be reasonable. In other words, the

substantive law must be reasonable, and there must be a reasonable court procedure. In

Colonial America, prior to the Revolutionary War, Colonial Americans were be given

summary trials in Military Court, in violation of Magna Charta. Additionally, the British

were quartering troops in Colonial Homes, in violation of Magna Charta. Also, the

British were illegally transporting Colonial Americans to England for trial, with an

English jury, rather than a Magna Charta Jury in America, with Americans as the jury.

Moreover, most Colonial Americans were affiliated with the House of Stuart, and thus

were entitled to a House of Stuart Jury, no one from the German, House of Hanover, of
King George’s family. Thus, the Stuart aristocracy in Colonial America rebelled against

the British, just as much as the common man on the street.