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Section describes examples of searches using computer databases, federal court records, indexes, justice of the peace records, and law library research, including how to search for people of color. The appendices list contact information for state and federal courts and other sources. Rapaport is a former trial lawyer and writes the column "Tales from the Courthouse" for New England Ancestors magazine. Annotation ©2006 Book News, Inc., Portland, OR (booknews.com).
The idea of covenant was at the heart of early New England society. In this singular book David Weir explores the origins and development of covenant thought in America by analyzing the town and church documents written and signed by seventeenth-century New Englanders. Unmatched in the breadth of its scope, this study takes into account all of the surviving covenants in all of the New England colonies. Weir's comprehensive survey of seventeenth-century covenants leads to a more complex picture of early New England than what emerges from looking at only a few famous civil covenants like the Mayflower Compact. His work shows covenant theology being transformed into a covenantal vision for society but also reveals the stress and strains on church-state relationships that eventually led to more secularized colonial governments in eighteenth-century New England. He concludes that New England colonial society was much more "English" and much less "American" than has often been thought, and that the New England colonies substantially mirrored religious and social change in Old England.
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In 1668 Sarah Ahhaton, a married Native American woman of the Massachusetts Bay town of Punkapoag, confessed in an English court to having committed adultery. For this crime she was tried, found guilty, and publicly whipped and shamed; she contritely promised that if her life were spared, she would return to her husband and "continue faithfull to him during her life yea although hee should beat her againe...."These events, recorded in the court documents of colonial Massachusetts, may appear unexceptional; in fact, they reflect a rapidly changing world. Native American marital relations and domestic lives were anathema to English Christians: elite men frequently took more than one wife, while ordinary people could dissolve their marriages and take new partners with relative ease. Native marriage did not necessarily involve cohabitation, the formation of a new household, or mutual dependence for subsistence. Couples who wished to separate did so without social opprobrium, and when adultery occurred, the blame centered not on the "fallen" woman but on the interloping man. Over time, such practices changed, but the emergence of new types of "Indian marriage" enabled the legal, social, and cultural survival of New England's native peoples. The complex interplay between colonial power and native practice is treated with subtlety and wisdom in Colonial Intimacies. Ann Marie Plane uses travel narratives, missionary tracts, and legal records to reconstruct a previously neglected history. Plane's careful reading of fragmentary sources yields both conclusive and fittingly speculative findings, and her interpretations form an intimate picture, moving and often tragic, of the familial bonds of Native Americans in the first century and a half of European contact.
In Brethren by Nature, Margaret Ellen Newell reveals a little-known aspect of American history: English colonists in New England enslaved thousands of Indians. Massachusetts became the first English colony to legalize slavery in 1641, and the colonists' desire for slaves shaped the major New England Indian wars, including the Pequot War of 1637, King Philip's War of 1675–76, and the northeastern Wabanaki conflicts of 1676–1749. When the wartime conquest of Indians ceased, New Englanders turned to the courts to get control of their labor, or imported Indians from Florida and the Carolinas, or simply claimed free Indians as slaves.Drawing on letters, diaries, newspapers, and court records, Newell recovers the slaves' own stories and shows how they influenced New England society in crucial ways. Indians lived in English homes, raised English children, and manned colonial armies, farms, and fleets, exposing their captors to Native religion, foods, and technology. Some achieved freedom and power in this new colonial culture, but others experienced violence, surveillance, and family separations. Newell also explains how slavery linked the fate of Africans and Indians. The trade in Indian captives connected New England to Caribbean and Atlantic slave economies. Indians labored on sugar plantations in Jamaica, tended fields in the Azores, and rowed English naval galleys in Tangier. Indian slaves outnumbered Africans within New England before 1700, but the balance soon shifted. Fearful of the growing African population, local governments stripped Indian and African servants and slaves of legal rights and personal freedoms. Nevertheless, because Indians remained a significant part of the slave population, the New England colonies did not adopt all of the rigid racial laws typical of slave societies in Virginia and Barbados. Newell finds that second- and third-generation Indian slaves fought their enslavement and claimed citizenship in cases that had implications for all enslaved peoples in eighteenth-century America.
Women before the Bar is the first study to investigate changing patterns of women's participation in early American courts across a broad range of legal actions--including proceedings related to debt, divorce, illicit sex, rape, and slander. Weaving the stories of individual women together with systematic analysis of gendered litigation patterns, Cornelia Dayton argues that women's relation to the courtroom scene in early New England shifted from one of integration in the mid-seventeenth century to one of marginality by the eve of the Revolution. Using the court records of New Haven, which originally had the most Puritan-dominated legal regime of all the colonies, Dayton argues that Puritanism's insistence on godly behavior and communal modes of disputing initially created unusual opportunities for women's voices to be heard within the legal system. But women's presence in the courts declined significantly over time as Puritan beliefs lost their status as the organizing principles of society, as legal practice began to adhere more closely to English patriarchal models, as the economy became commercialized, and as middle-class families developed an ethic of privacy. By demonstrating that the early eighteenth century was a crucial locus of change in law, economy, and gender ideology, Dayton's findings argue for a reconceptualization of women's status in colonial New England and for a new periodization of women's history.