Magna Carta Quotes
Sealed under duress and later repudiated by the King with Papal assistance
This was one of the first elucidations of this principle which became so important for the American union and Revolution. The 1754 debate was over Franklin's public effort for a Colonial Federation (see {37005}, {37006}, & {583424}). Shirley liked the idea but thought that the King of England should appoint the members of a Colonial Congress. This was Franklin's counter, arguing that each colony should elect its own members.
Sealed under duress and later repudiated by the King with Papal assistance. This clause was particularly interesting in that almost all freedoms have expanded from the Magna Carta in modern democracies. However in this one there was an absolute direct prohibition against the King—the State—taking private property without the owners consent. In modern democracies the right is not as strong as the original. The state, if it needs the property, wood or whatever, and the owner refuses to give it or sell it to the state, the government can condemn the property but must pay the owner the fair market value of the property seized. As a practical matter, the kings of England paid little or no heed to this clause. One of the sources of conflict between the English Royal Navy and the American Colonists was the practice of Naval agents finding tall straight trees, good for the main mast of a ship, and marking it thereby prohibiting the property owner of cutting down that tree until the Crown sent a crew to fell the tree and take it for ship building. They paid no attention to Aticle 31 whatsoever.
Many American colonists had relatives and friends in England, and Paine argued that American independence would help and not het the English people.
This was a dramatic assertion at the time, even for England with it’s Magna Carta.