Originally published by the Macmillan Company in 1960, this book is intended as an introduction to the history of Massachusetts law in the colonial period, 1630ó1650. This volume first traces the evolution of the colony's institutions and instruments of government and, second, describes in broad outline certain aspects of the substantive law that developed in these first two decades.

The Book of the General Lawes and Libertyes Concerning the Inhabitants of the Massachusets is the first compilation of laws and constitutional rights printed in English America. Six hundred copies were produced in 1648 and most were given free of charge to magistrates and deputies who sat in the court. When a documentary collection of seventeenth-century Massachusetts laws was published in 1890, not a single copy could be found and it was consequently omitted from the volume. A few years later, one was discovered in England. It was purchased by Henry E. Huntington in 1911. In 1929 the Huntington and Harvard University Press published a line-by-line type facsimile of this unique book. To commemorate the 350th anniversary of this important milestone in the legal history of the United States, the Huntington published in 1998 a limited-edition facsimile of the 1929 volume. Illustrated with a reproduction of two pages from the original volume, the book is printed on fine quality paper with elegant binding and endpapers. An introduction by Professor Richard S. Dunn of the University of Pennsylvania explains the importance of this book to the formation of the American legal system. In addition to its obvious interest for any student of law or colonial history, the subject matter of many of its statutes will give the layman a revealing picture of everyday life in colonial America.

William E. Nelson's first volume of the four-volume The Common Law of Colonial America (2008) established a new benchmark for study of colonial era legal history. Drawing from both a rich archival base and existing scholarship on the topic, the first volume demonstrated how the legal systems of Britain's thirteen North American colonies-each of which had unique economies, political structures, and religious institutions -slowly converged into a common law order that differed substantially from English common law. The first volume focused on how the legal systems of the Chesapeake colonies--Virginia and Maryland--contrasted with those of the New England colonies and traced these dissimilarities from the initial settlement of America until approximately 1660. In this new volume, Nelson brings the discussion forward, covering the years from 1660, which saw the Restoration of the British monarchy, to 1730. In particular, he analyzes the impact that an increasingly powerful British government had on the evolution of the common law in the New World. As the reach of the Crown extended, Britain imposed far more restrictions than before on the new colonies it had chartered in the Carolinas and the middle Atlantic region. The government's intent was to ensure that colonies' laws would align more tightly with British law. Nelson examines how the newfound coherence in British colonial policy led these new colonies to develop common law systems that corresponded more closely with one another, eliminating much of the variation that socio-economic differences had created in the earliest colonies. As this volume reveals, these trends in governance ultimately resulted in a tension between top-down pressures from Britain for a more uniform system of laws and bottom-up pressures from colonists to develop their own common law norms and preserve their own distinctive societies. Authoritative and deeply researched, the volumes in The Common Law of Colonial America will become the foundational resource for anyone interested the history of American law before the Revolution.

Americanization of the Common Law remains one of the standard works on the transformation of law in America from the late colonial period to the end of the early republic. In a straightforward manner, William E. Nelson analyzes the profound ideological movement that grew out of the American Revolution and caused substantial structural change in the legal and social order of Massachusetts and, by extension, in the nation at large. The Revolution, Nelson argues, transformed a hierarchical and communitarian legal and social order into an egalitarian and individualistic one. For this edition, Nelson has written a new preface in which he discusses the book's initial reception and the relevant historiographical issues that have arisen since it was first published in 1975.

Presents 80 documents selected to reflect Eric Voegelin's theory that in Western civilization basic political symbolizations tend to be variants of the original symbolization of Judeo-Christian religious tradition. These documents demonstrate the continuity of symbols preceding the writing of the Constitution and all contain a number of basic symbols such as: a constitution as higher law, popular sovereignty, legislative supremacy, the deliberative process, and a virtuous people. Annotation copyrighted by Book News, Inc., Portland, OR

This study analyzes the development of criminal law during the first several generations of American life. Its comparison of the substantive and procedural law among the colonies reveals the similarities and differences between the New England and the Chesapeake colonies. Bradley Chapin addresses the often-debated question of the “reception” of English law and makes estimates of the relative weight of the sources and methods of early American law. A main theme of his book is that colonial legislators and judges achieved a significant reform of the English criminal law at a time when a parallel movement in England failed. The analysis is made specific and concrete by statistics that show patterns of prosecutions and crime rates. In addition to the exciting and convincing theme of a “lost period” of great creativity in American criminal law, Chapin gives a wealth of detail on statutory and common-law rulings, noteworthy criminal cases, and judicial views of how the law was to be administered. He provides social and economic explanations of shifts and peculiarities in the law, using carefully arranged evidence from the records. His treatment of the Quaker cases in Massachusetts and the witchcraft prosecutions in New England throws new light on those frequently misunderstood episodes. Chapin's book will be of interest not only to scholars working in the field but also to anyone curious about early American legal history.

Comprehensive, reliable account of 17th-century life in one of the country's earliest settlements. Contemporary records, over 100 historically valuable pictures vividly describe early dwellings, furnishings, medicinal aids, wardrobes, trade, crimes, more.

Women and the Law of Property in Early America

Of "Good Laws" and "Good Men" reveals how a Quaker minority in the Delaware Valley used the law to its own advantage yet maintained the legitimacy of its rule. William Offutt, Jr., places legal processes at the center of this region's social history. The new societies established there in the late 1600s did not rely on religious conformity, culture, or a simple majority to develop successfully, Offutt maintains. Rather, they succeeded because of the implementation of reforms that gave the expanding population faith in the legitimacy of legal processes introduced by a Quaker elite. Offutt's painstaking investigation of the records of more than 2,000 civil and 1,100 criminal cases in four county courts over a thirty-year period shows that Quakers - the "Good Men" - were disproportionately represented as justices, officers, and jurors in this system of "Good Laws" they had established, and that they fared better than did the rest of the population in dealing with it.