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HISTORICAL AND POLITICAL SCIENCE

HERBERT B. ADAMS, Editor

History is past Politics and Politics present History.-Freeman

FOURTH SERIES

XI-XII

The Land System of the New England

Colonies

BY MELVILLE EGLESTON

BALTIMORE

N. MURRAY, PUBLICATION AGENT, JOHNS HOPKINS UNIVERSITY
November and December, 1886

COPYRIGHT, 1886, BY N. MURRAY.

ISAAC FRIEDEN WALD, PRINTER,

BALTIMORE.

PREFATORY NOTE.

The following monograph was originally printed in the year 1880. Of the copies then issued some found their way at once into the larger public libraries, while others were placed in the hands of persons believed to be interested in the subject treated of. The number of these copies, however, all told, was quite small, and it was suggested some time ago by the editor of this series of "Johns Hopkins University Studies" that the results of the writer's investigations were not accessible to many to whom they might be useful, and that they were of sufficient interest to warrant their publication in the series named.

The opportunity courteously offered by him of reaching in this manner a greater number of persons interested in studies of the kind was gladly accepted, and the treatise is now reprinted, without any change whatever from the original form.

The author has deemed it important to make this explanatory statement, for nothing but the facts which have been mentioned could excuse, or even account for, the absence of reference to the numerous and valuable studies in the history of local institutions which have been published in this country during the past six years.

M. E.

NEW YORK, November 1, 1886.

THE LAND SYSTEM OF THE NEW

ENGLAND COLONIES.

The laws of a State are the reflection of the economical and social condition of the people, while their form and spirit indicate the mental and moral status of those by whom the laws are made. They are thus among the most valuable and trustworthy sources of historical information which we possess. Especially is this the case where the people are themselves legislators. Yet the history of American legislation has not received the attentive study which it deserves, and which will surely some day be given to it. I have here subjected to examination a small portion of this interesting field. The close connection between the institution of land in any community and its political and social history is now well understood, and the importance of such an investigation as I have here undertaken will, I think, be recognized, however successful or unsuccessful the writer may be in his treatment of it.

I have endeavored to trace the origin and early history of our existing land system-a system than which none has yet been devised better suited to the conditions of any people. A complete presentation of the subject might well contain a fuller account of the laws of alienation and succession ab intestato than has been given; but it seemed best for several reasons to consider them separately in another place. Enough has been given, however, for the present purpose, and the land system of New England was mainly determined by the legislation and customs here described.

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