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Women and the Law of Property in Early 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.
This book breaks new ground by offering the first detailed and systematic analysis of inheritance practices in New York City from the beginning of Dutch settlement in the 1620s to the onset of the American Revolution. By analyzing a broad range of original sources--including more than 2,300 wills--David E. Narrett shows how the transmission of property at death reflected the distribution of power and authority within the family. The author makes an especially important contribution to early New York history by explaining the Dutch origins of social and family customs, and by tracing the persistence of Dutch ways following the English conquest of New Netherland in 1664. He demonstrates that seventeenth-century Dutch law was particularly favorable to women since it sanctioned community property within marriage, the drafting of mutual wills by spouses, and the equal (or nearly equal) division of property among all children. While the book maintains its comparative focus on the Dutch and English traditions, it also includes material on other ethnic groups (for example, French Huguenots and Jews) living in a pluralistic society. Narrett utilizes both Dutch and English language sources to examine such pertinent topics as the relationship between law and social custom, primogeniture, kinship and communal ties, charitable bequests, the manumission of slaves, and the literacy level of testators.Written in a clear and precise manner, the book includes many tables that will give readers immediate access to supporting data, and a conclusion establishes the relationship of Narrett's findings to relevant scholarship. A valuable addition to the literature on inheritance, this is a book whose conclusions and data will be mined by colonialists, legal historians, and historians of women and the family.
Finalist for the Pulitzer Prize in History A New York Times Notable Book A New York Times Book Review Editors’ Choice Selection A Providence Journal Best Book of the Year Winner of the Organization of American Historians Merle Curti Award for Social History Finalist for the Harriet Tubman Prize Finalist for the Berkshire Conference of Women Historians Book Prize "This book is an original achievement, the kind of history that chastens our historical memory as it makes us wiser." —David W. Blight, author of Frederick Douglass: Prophet of Freedom Finalist for the Pulitzer Prize Widely hailed as a “powerfully written” history about America’s beginnings (Annette Gordon-Reed), New England Bound fundamentally changes the story of America’s seventeenth-century origins. Building on the works of giants like Bernard Bailyn and Edmund S. Morgan, Wendy Warren has not only “mastered that scholarship” but has now rendered it in “an original way, and deepened the story” (New York Times Book Review). While earlier histories of slavery largely confine themselves to the South, Warren’s “panoptical exploration” (Christian Science Monitor) links the growth of the northern colonies to the slave trade and examines the complicity of New England’s leading families, demonstrating how the region’s economy derived its vitality from the slave trading ships coursing through its ports. And even while New England Bound explains the way in which the Atlantic slave trade drove the colonization of New England, it also brings to light, in many cases for the first time ever, the lives of the thousands of reluctant Indian and African slaves who found themselves forced into the project of building that city on a hill. We encounter enslaved Africans working side jobs as con artists, enslaved Indians who protested their banishment to sugar islands, enslaved Africans who set fire to their owners’ homes and goods, and enslaved Africans who saved their owners’ lives. In Warren’s meticulous, compelling, and hard-won recovery of such forgotten lives, the true variety of chattel slavery in the Americas comes to light, and New England Bound becomes the new standard for understanding colonial America.
Winner of the New England Historical Association’s James P. Hanlan Book Award Winner the Association for the Study of Connecticut History’s Homer D. Babbidge Jr. Award “Incomparably vivid . . . as enthralling a portrait of family life [in colonial New England] as we are likely to have.”—Wall Street Journal In the tradition of Laurel Thatcher Ulrich’s classic, A Midwife’s Tale, comes this groundbreaking narrative by one of America’s most promising colonial historians. Joshua Hempstead was a well-respected farmer and tradesman in New London, Connecticut. As his remarkable diary—kept from 1711 until 1758—reveals, he was also a slave owner who owned Adam Jackson for over thirty years. In this engrossing narrative of family life and the slave experience in the colonial North, Allegra di Bonaventura describes the complexity of this master/slave relationship and traces the intertwining stories of two families until the eve of the Revolution. Slavery is often left out of our collective memory of New England’s history, but it was hugely impactful on the central unit of colonial life: the family. In every corner, the lines between slavery and freedom were blurred as families across the social spectrum fought to survive. In this enlightening study, a new portrait of an era emerges.
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.