This is a literal transcription of the first half of Newport Court Book A which is actually a record of the Court of Trials for the entire Colony. In this book you'll find the murder trial of Thomas Cornell of Portsmouth in 1672, a 1676 court martial of several Indians for specific actions against colonists in King Philip's War, as well as many bastardy cases and other interesting matters. Earlier Rhode Island Court Records to 1670 were published in 1920 and 1922 by the Rhode Island Historical Society; this book extends the coverage in print to 1704.
Having arriving in the Province of Maine in 1641 with a brief to create both government and law for the fledgling colony, Thomas Gorges later recorded his policy as having ’steared as neere as we could to the course of Ingland’. Over the course of the next century the various colonial administrations all consciously measured their laws against that of England, whether their intention was imitation of or conscious opposition to, established English legal system. In order to trace the shifting and contested relationships between colonial laws and English laws, this book focuses on the prosecution of sexual misconduct. All crimes can threaten orderly society but no other crime posed quite the same long term implications as illicit sex resulting in the birth of illegitimate children who became their own social challenges. Sexual misconduct was, consequently, a major concern for early modern leaders, making it a particularly fruitful subject for studying the complex relationship between laws in England and laws in the English colonies. Political and ecclesiastical leaders create laws to coerce people to behave in a certain fashion and to convey wider messages about the societies they govern. When those same laws are broken, lawbreakers must be tried and punished by a means intended to serve as a warning to other would-be lawbreakers. In this book the two-part analysis of changing sexual misconduct laws and the resulting trial depositions highlights the ways in which ordinary New England colonists across New England both interacted with and responded to the growing Anglicization of their legal systems and makes the argument that these men and women saw themselves as taking part in a much larger process.
Ahead of the 400th anniversary of the first Thanksgiving, a new look at the Plymouth colony's founding events, told for the first time with Wampanoag people at the heart of the story. In March 1621, when Plymouth's survival was hanging in the balance, the Wampanoag sachem (or chief), Ousamequin (Massasoit), and Plymouth's governor, John Carver, declared their people's friendship for each other and a commitment to mutual defense. Later that autumn, the English gathered their first successful harvest and lifted the specter of starvation. Ousamequin and 90 of his men then visited Plymouth for the “First Thanksgiving.” The treaty remained operative until King Philip's War in 1675, when 50 years of uneasy peace between the two parties would come to an end. 400 years after that famous meal, historian David J. Silverman sheds profound new light on the events that led to the creation, and bloody dissolution, of this alliance. Focusing on the Wampanoag Indians, Silverman deepens the narrative to consider tensions that developed well before 1620 and lasted long after the devastating war-tracing the Wampanoags' ongoing struggle for self-determination up to this very day. This unsettling history reveals why some modern Native people hold a Day of Mourning on Thanksgiving, a holiday which celebrates a myth of colonialism and white proprietorship of the United States. This Land is Their Land shows that it is time to rethink how we, as a pluralistic nation, tell the history of Thanksgiving.
Explore the controversial legal history of the formation of the United States Prestatehood Legal Materials is your one-stop guide to the history and development of law in the U.S. and the change from territory to statehood. Unprecedented in its coverage of territorial government, this book identifies a wide range of available resources from each state to reveal the underlying legal principles that helped form the United States. In this unique publication, a state expert compiles each chapter using his or her own style, culminating in a diverse sourcebook that is interesting as well as informative. In Prestatehood Legal Materials, you will find bibliographies, references, and discussion on a varied list of source materials, including: state codes drafted by Congress county, state, and national archives journals and digests state and federal reports, citations, surveys, and studies books, manuscripts, papers, speeches, and theses town and city records and documents Web sites to help your search for more information and more Prestatehood Legal Materials provides you with brief overviews of state histories from colonization to acceptance into the United States. In this book, you will see how foreign countries controlled the laws of these territories and how these states eventually broke away to govern themselves. The text also covers the legal issues with Native Americans, inter-state and the Mexico and Canadian borders, and the development of the executive, legislative, and judicial branches of state government. This guide focuses on materials that are readily available to historians, political scientists, legal scholars, and researchers. Resources that assist in locating not-so-easily accessible materials are also covered. Special sections focus on the legal resources of colonial New York City and Washington, DC—which is still technically in its prestatehood stage. Due to the enormity of this project, the editor of Prestatehood Legal Materials created a Web page where updates, corrections, additions and more will be posted.
Departing from traditional approaches to colonial legal history, Mary Sarah Bilder argues that American law and legal culture developed within the framework of an evolving, unwritten transatlantic constitution that lawyers, legislators, and litigants on both sides of the Atlantic understood. The central tenet of this constitution—that colonial laws and customs could not be repugnant to the laws of England but could diverge for local circumstances—shaped the legal development of the colonial world. Focusing on practices rather than doctrines, Bilder describes how the pragmatic and flexible conversation about this constitution shaped colonial law: the development of the legal profession; the place of English law in the colonies; the existence of equity courts and legislative equitable relief; property rights for women and inheritance laws; commercial law and currency reform; and laws governing religious establishment. Using as a case study the corporate colony of Rhode Island, which had the largest number of appeals of any mainland colony to the English Privy Council, she reconstructs a largely unknown world of pre-Constitutional legal culture.
In a projected four-volume series, The Common Law in Colonial America, William E. Nelson will show how the legal systems of Britain's thirteen North American colonies, which were initially established in response to divergent political, economic, and religious initiatives, 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. Volume three, The Chesapeake and New England, 1660-1750, reveals how Virginia, which was founded to earn profit, and Massachusetts, which was founded for Puritan religious ends, had both adopted the common law by the mid-eighteenth century and begun to converge toward a common American legal model. The law in the other New England colonies, Nelson argues, although it was distinctive in some respects, gravitated toward the Massachusetts model, while Maryland's law gravitated toward that of Virginia.
European enslavement of American Indians began with Christopher Columbus?s arrival in the New World. The slave trade expanded with European colonies, and though African slave labor filled many needs, huge numbers of America?s indigenous peoples continued to be captured and forced to work as slaves. Although central to the process of colony-building in what became the United States, this phenomena has received scant attention from historians. ø Indian Slavery in Colonial America, edited by Alan Gallay, examines the complicated dynamics of Indian enslavement. How and why Indians became both slaves of the Europeans and suppliers of slavery?s victims is the subject of this book. The essays in this collection use Indian slavery as a lens through which to explore both Indian and European societies and their interactions, as well as relations between and among Native groups.
This interdisciplinary study presents compelling evidence for a revolutionary idea: that to understand the historical entrenchment of gentility in America, we must understand its creation among non-elite people: colonial middling sorts who laid the groundwork for the later American middle class. Focusing on the daily life of Widow Elizabeth Pratt, a shopkeeper from early eighteenth-century Newport, Rhode Island, Christina J. Hodge uses material remains as a means of reconstructing not only how Mrs Pratt lived, but also how these objects reflect shifting class and gender relationships in this period. Challenging the 'emulation thesis', a common assumption that wealthy elites led fashion and culture change while middling sorts only followed, Hodge shows how middling consumers were in fact discerning cultural leaders, adopting genteel material practices early and aggressively. By focusing on the rise and emergence of the middle class, this book brings new insights into the evolution of consumerism, class, and identity in colonial America.
