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The Common Law In Colonial America

Author: William E. Nelson
Publisher: Oxford University Press
ISBN: 0190465050
Size: 16.26 MB
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William E. Nelson here proposes a new beginning in the study of colonial legal history. Examining all archival legal material for the period 1607-1776 and synthesizing existing scholarship in a four-volume series, The Common Law in Colonial America shows how the legal systems of Britain's thirteen North American colonies--initially established in response to divergent political, economic, and religious initiatives--slowly converged into a common American legal order that differed substantially from English common law. Drawing on groundbreaking and overwhelmingly in-depth research into local court records and statutes, the first volume explores how the law of the Chesapeake colonies--Virginia and Maryland--diverged sharply from the New England colonies--Massachusetts Bay, Connecticut, New Haven, Plymouth, and Rhode Island--and traces the roots of these dissimilarities from their initial settlement until approximately 1660. Nelson pointedly examines the disparate motives of the legal systems in the respective colonies as they dealt with religion, price and labor regulations, crimes, public morals, the status of women, and the enforcement of contractual obligations. He reveals how Virginians' zeal for profit led to a harsh legal framework that efficiently squeezed payment out of debtors and labor out of servants; whereas the laws of Massachusetts were primarily concerned with the preservation of local autonomy and the moral values of family-centered farming communities. The law in the other New England colonies, Nelson argues, gravitated towards the Massachusetts model, while Maryland's law, gravitated toward that of Virginia. Comprehensive, authoritative, and extensively researched, The Common Law in Colonial America, Volume 1: The Chesapeake and New England, 1607-1660 is the definitive resource on the beginnings of the common law and its evolution during this vibrant era in America's history.

The Common Law In Colonial America

Author: William E. Nelson
Publisher: Oxford University Press
ISBN: 0190465050
Size: 28.78 MB
Format: PDF, ePub, Mobi
View: 5767
Download and Read
William E. Nelson here proposes a new beginning in the study of colonial legal history. Examining all archival legal material for the period 1607-1776 and synthesizing existing scholarship in a four-volume series, The Common Law in Colonial America shows how the legal systems of Britain's thirteen North American colonies--initially established in response to divergent political, economic, and religious initiatives--slowly converged into a common American legal order that differed substantially from English common law. Drawing on groundbreaking and overwhelmingly in-depth research into local court records and statutes, the first volume explores how the law of the Chesapeake colonies--Virginia and Maryland--diverged sharply from the New England colonies--Massachusetts Bay, Connecticut, New Haven, Plymouth, and Rhode Island--and traces the roots of these dissimilarities from their initial settlement until approximately 1660. Nelson pointedly examines the disparate motives of the legal systems in the respective colonies as they dealt with religion, price and labor regulations, crimes, public morals, the status of women, and the enforcement of contractual obligations. He reveals how Virginians' zeal for profit led to a harsh legal framework that efficiently squeezed payment out of debtors and labor out of servants; whereas the laws of Massachusetts were primarily concerned with the preservation of local autonomy and the moral values of family-centered farming communities. The law in the other New England colonies, Nelson argues, gravitated towards the Massachusetts model, while Maryland's law, gravitated toward that of Virginia. Comprehensive, authoritative, and extensively researched, The Common Law in Colonial America, Volume 1: The Chesapeake and New England, 1607-1660 is the definitive resource on the beginnings of the common law and its evolution during this vibrant era in America's history.

The Common Law In Colonial America

Author: William E. Nelson
Publisher: Oxford University Press
ISBN: 0190850493
Size: 68.14 MB
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The eminent legal historian William E. Nelson's magisterial four-volume The Common Law in Colonial America traces how the many legal orders of Britain's thirteen North American colonies gradually evolved into one American system. Initially established on divergent political, economic, and religious grounds, the various colonial systems slowly converged until it became possible by the 1770s to imagine that all thirteen participated in a common American legal order, which diverged in its details but differed far more substantially from English common law. This fourth and final volume begins where volume three ended. It focuses on the laws of the thirteen colonies in the mid-eighteenth century and on constitutional events leading up to the American Revolution. Nelson first examines procedural and substantive law and looks at important shifts in the law to show how the mid-eighteenth- century colonial legal system in large part functioned effectively in the interests both of Great Britain and of its thirteen colonies. Nelson then turns to constitutional events leading to the Revolution. Here he shows how lawyers deployed ideological arguments not for their own sake, but in order to protect colonial institutional structures and the socio-economic interests of their clients. As lawyers deployed the arguments, they developed them into a constitutional theory that gave primacy to common-law constitutional rights and local self-government. In the process, the lawyers became leaders of the revolutionary movement and a dominant political force in the new United States.

Between Two Worlds

Author: Malcolm Gaskill
Publisher: OUP Oxford
ISBN: 0191653837
Size: 35.57 MB
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Between Two Worlds is a story teeming with people on the move, making decisions, indulging or resisting their desires and dreams. In the seventeenth century a quarter of a million men, women, and children left England's shores for America. Some were explorers and merchants, others soldiers and missionaries; many were fugitives from poverty and persecution. All, in their own way, were adventurers, risking their lives and fortunes to make something of themselves overseas. They irrevocably changed the land and indigenous peoples they encountered - and their new world changed them. But that was only half the story. The plantations established from Maine to the Caribbean needed support at home, especially royal endorsement and money, which made adventurers of English monarchs and investors too. Attitudes to America were crucial, and evolved as the colonies grew in size, prosperity, and self-confidence. Meanwhile, for those who had crossed the ocean, America forced people to rethink the country in which they had been raised, and to which they remained attached after emigration. In tandem with new ideas about the New World, migrants pondered their English mother country's traditions and achievements, its problems and its uncertain future in an age of war and revolution. Using hundreds of letters, journals, reports, pamphlets and contemporary books, Between Two Worlds recreates this fascinating transatlantic history - one which has often been neglected or misunderstood on both sides of the Atlantic in the centuries since.

America History And Life

Author: American Bibliographical Center
Publisher:
ISBN:
Size: 61.15 MB
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Provides historical coverage of the United States and Canada from prehistory to the present. Includes information abstracted from over 2,000 journals published worldwide.

A Blessed Company

Author: John K. Nelson
Publisher: Univ of North Carolina Press
ISBN: 0807875104
Size: 22.37 MB
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In this book, John Nelson reconstructs everyday Anglican religious practice and experience in Virginia from the end of the seventeenth century to the start of the American Revolution. Challenging previous characterizations of the colonial Anglican establishment as weak, he reveals the fundamental role the church played in the political, social, and economic as well as the spiritual lives of its parishioners. Drawing on extensive research in parish and county records and other primary sources, Nelson describes Anglican Virginia's parish system, its parsons, its rituals of worship and rites of passage, and its parishioners' varied relationships to the church. All colonial Virginians--men and women, rich and poor, young and old, planters and merchants, servants and slaves, dissenters and freethinkers--belonged to a parish. As such, they were subject to its levies, its authority over marriage, and other social and economic dictates. In addition to its religious functions, the parish provided essential care for the poor, collaborated with the courts to handle civil disputes, and exerted its influence over many other aspects of community life. A Blessed Company demonstrates that, by creatively adapting Anglican parish organization and the language, forms, and modes of Anglican spirituality to the Chesapeake's distinctive environmental and human conditions, colonial Virginians sustained a remarkably effective and faithful Anglican church in the Old Dominion.

The American People

Author: Gary B. Nash
Publisher: Addison Wesley Publishing Company
ISBN: 9780673985767
Size: 49.84 MB
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Seven years War - Abolitionism & women's rights - The West - Civil war - Suffrage for women - Slavery - Exploring the west - Quakers - Early settlements and exploration - American people before Columbus.

Government And Governance Of European Empires 1415 1800

Author: A. J. R. Russell-Wood
Publisher: Ashgate Publishing
ISBN: 9780860785309
Size: 44.17 MB
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A survey of royal government in the Portuguese, Spanish, English and French seaborne empires in Africa, the Americas and Asia. Essays focus on four facets of such government: political, judicial, fiscal and military administration. Essays may be consulted for an overview of any single empire, or for a comparative dimension to any single aspect. Attention is given to the role of non-Europeans in crown government. The introduction provides an overview of metropolitan agencies for overseas government and of crown agencies in the colonies, redresses imbalances in the historiography and provides an exhaustive bibliography. The text is intended as a starting point for scholars seeking a global perspective on the first European empires and a teaching tool.