1. Plain Dealing: or, Nevves from New-England … A short view of New-Englands present government, both ecclesiastical and civil, compared with the anciently-received and established government of England, in some materiall points; fit for the gravest consideration in these times… (London, Printed by W. E. & I. G. for N. Butter, 1642)Google Scholar, republished as New-Englands advice to Old-England. Or, Some observation upon New-Englands government, compared with the ancient government of Old-England: not unfitting to be taken into serious consideration in these miserable distracted times. Written by one that hath lived there, and seene the division and danger that followeth upon the obtruding a different government to that of old England (London, 1644).Google Scholar The 1642 edition was republished with an introduction and notes by Trumbull, J. Hammond, Plain Dealing, or News from New England (Boston: J. K. Wiggin & W. P. Lunt, 1867)Google Scholar, reprinted with a new introduction by Darrett B. Rutman (New York: Johnson Reprint, 1969).

2. Lechford's statement in Plain Dealing that “three parts of the people of the Country remaine out of the Church” has been referred to in such works as Miller, Perry, The New England Mind: The Seventeenth Century (Cambridge: Harvard University Press, 1954), 454Google Scholar; Adams, James Truslow, The Founding of New England (Boston: Atlantic Monthly Press, 1921), 132CrossRefGoogle Scholar; Palfrey, John Gorham, History of New England, (Boston: Little, Brown, 1859–1890), 2:8 n. 1.Google ScholarSee alsoHart, Albert Bushnell, Source-Book of American History, Edited for Schools and Readers (New York: Macmillan, 1899), 77–79Google Scholar, excerpting Plain Dealing for its explanation of seventeenth-century church services in the Bay Colony.

3. See, e.g.,Warren, Charles, A History of the American Bar (Boston: Little, Brown, 1911), 68–69Google Scholar.

4. Lechford, Thomas to anonymous friend, 28 July 1640, Plain Dealing, 144.Google Scholar

5. Lechford was reprimanded and “debarred from pleading any mans cause hereafter vnless his owne, & admonished not to prsume to meddle beyond what hee shalbee called to by the Courte.”Noble, John, comp., Records of the Court of Assistants of the Colony of the Massachusetts Bay, vol. 2, 1630–1692 (Boston: Rockwell and Churchill Press, 1904), 87Google Scholar.

6. Savage, James, A Genealogical Dictionary of the First Settlers of New England, Showing Three Generations of those who came before May, 1692, on the basis of Farmer's Register, 4 vols. (Boston: Little, Brown, 1860–1862), s.v. “Lechford, Thomas.”Google Scholar

7. Whitmore, William H., Introduction to The Colonial Laws of Massachusetts (Boston, 1889), 21.Google Scholar

8. Washburn, Emory, Sketches of the Judicial History of Massachusetts from 1630 to the Revolution in 1775 (1840; reprint, New York: Da Capo Press, 1974), 53–54.Google Scholar

9. Gawalt, Gerard W., The Promise of Power: The Emergence of the Legal Profession in Massachusetts, 1760–1840 (Westport, Conn.: Greenwood Press, 1979), 8.Google Scholar

10. Barnes, Thomas G., “Thomas Lechford and the Earliest Lawyering in Massachusetts, 1638–1641,” in Law in Colonial Massachusetts, 1630–1800, ed. Coquillette, Daniel R. (Boston: Colonial Society of Massachusetts & University Press of Virginia, 1984), 3–38, 20–34.Google Scholar

11. Lechford, Thomas, Note-book Kept by Thomas Lechford, Esq., Lawyer, in Boston, Massachusetts Bay, from June 27, 1638 to July 29, 1641, ed. Hale, Edward Everett Jr et al. (Cambridge, Mass.: John Wilson and Son University Press, 1885).Google ScholarThere have been multiple reprints, the best of which is is by Picton Press, 1988 (Camden, Maine), which includes an updated name index.

12. Brooks, C. W., Pettyfoggers and Vipers of the Commonwealth: The “Lower Branch” of the Legal Profession in Early Modern England (Cambridge: Cambridge University Press, 1986), 1–27.CrossRefGoogle Scholar

13. Black, Barbara A., The Judicial Power and the General Court in Early Massachusetts (1634–1686) (Ph.D. diss., Yale University, 1975), 76–77, 7Google Scholar; Plain Dealing, 69.

14. On the active role of women in this legal system, seeDayton, Cornelia Hughes, “Was There a Calvinist Type of Patriarchy?” in The Many Legalities of Early America, ed. Tomlins, Christopher L. and Mann, Bruce H. (Chapel Hill: University of North Carolina Press, 2001), 337–56Google Scholar; Dayton, Cornelia Hughes, Women before the Bar: Gender, Law, and Society in Connecticut, 1639–1789 (Chapel Hill: University of North Carolina Press, 1995)Google Scholar.

15. Love, Harold, The Culture and Commerce of Texts: Scribal Publication in Seventeenth-Century England (Amherst: University of Massachusetts Press, 1998), 94–95.Google Scholar

16. Trumbull, J. Hammond, “A Sketch of the Life of Thomas Lechford,” reproduced in the 1885 edition of the Notebook, xxivGoogle Scholar; Barnes, , “Thomas Lechford and the Earliest Lawyering in Massachusetts,” 36.Google ScholarSee also Harry M. Ward, “Lechford, Thomas,” http://www.anb.org/articles/01/01–00502.html American National Biography Online (Feb. 2000) (pointing to Lechford's “chirographer's skills” as the reason why his “meddling” in religious controversies was forgiven).

17. See Hughes Dayton, “Was There a Calvinist Type of Patriarchy?” and Women before the Bar. See alsoMarcus, Gail Sussman, “‘Due Execution of the Generall Rules of Righteousnesse’: Criminal Procedure in New Haven Town and Colony, 1638–1658,” in Saints and Revolutionaries: Essays on Early American History, ed. Hall, David D., Murrin, John M., and Tate, Thad W. (New York: W.W. Norton, 1984), 99–137Google Scholar.

18. Bilder, Mary Sarah, “Salamanders and Sons of God: The Culture of Appeal in Early New England,” in The Many Legalities of Early America, ed. Tomlins, Christopher L. and Mann, Bruce H. (Chapel Hill: University of North Carolina Press, 2001), 47–77, 53–57Google Scholar; Haskins, George L., Law and Authority in Early Massachusetts: A Study in Tradition and Design (New York: Macmillan, 1960), 163–88Google Scholar.

19. Rutman, Darrett B., Introduction to Plain Dealing (New York: Johnson Reprint, 1969), vi, ix.Google ScholarLechford had not been imprisoned in England for acting as Prynne's lawyer in that infamous case, as earlier scholars like Trumbull had thought. Lechford got into trouble with Archbishop Laud and suffered “imprisonment, and a kind of banishment,” as he put it in Plain Dealing. This was, however, over a more minor case in which Prynne was the barrister and Lechford was the solicitor. Barnes, “Thomas Lechford and the Earliest Lawyering in Massachusetts,” 12–14.

20. Thomas Lechford to Edmond Browne, 10 December 1638, Notebook, 45.

21. Thomas Lechford to Hugh Peter, 3 January 1639, Notebook, 48–49.

22. Thomas Dudley to John Winthrop, 11 December 1638;Dudley, Thomas to Winthrop, John, 24 December 1638, Winthrop Papers, vol. 4, 1638–1644 (Boston: Massachusetts Historical Society, 1944), 85–87Google Scholar.

23. See, e.g.,Cotton, John, The Way of Congregational Churches Cleared (London, 1648), 71.Google Scholar

24. See, e.g., “A Paper touching the Church her liberties, delivered at Boston, 4. Martii, 1639,” Plain Dealing, 73 (“take care that the conversion of the Natives be endeavoured”); “A Paper intended for the honoured John Winthrop, Esquire, late Governour. Boston, Maii 2.1640,” Plain Dealing, 77 (“The very conversion of these poore naked people… will rejoyce the hearts of all Christians”); Plain Dealing, 130 (“Whether any of our Nation that is not extremely ignorant or scandalous, should bee kept from the Communion, or his children from Baptisme”); Plain Dealing, 138 (“Whether may not a man and his household, a woman and her household, a whole City, or Countrey, a King and his people, a whole Nation, be baptized, after they are competently instructed in the Religion of God”).

25. Thomas Dudley to John Winthrop, 24 December 1638, Winthrop Papers, 4:86.

26. The Journal of John Winthrop, 1630–1649, ed. Dunn, Richard S., Savage, James, and Yeandle, Laetitia (Cambridge, Mass.: Belknap Press, 1996), 282Google Scholar[hereinafter Winthrop's Journal].

27. Dunn, Richard S., Puritans and Yankees: The Winthrop Dynasty of New England, 1630–1717 (New York: W. W. Norton & Princeton University Press, 1962, 1971), 51CrossRefGoogle Scholar(Child was himself a Presbyterian but five of the other petitioners were not).

28. SeePope, Robert G., The Half-Way Covenant: Church Membership in Puritan New England (Princeton: Princeton University Press, 1969)Google Scholar.

29. Morgan, Edmund S., The Puritan Family: Religion and Domestic Relations in Seventeenth-Century New England, (1944) rev. and enl. ed. (New York: Harper & Row, 1966), 173.Google Scholar

30. “A Paper of Certain Propositions to the general Cort made upon request 8. 4. 1639,” Notebook, 89.

31. “Certaine proposicons to the generall Cort, 11. 4. 1639,” Notebook, 89–90.

32. Cotton, , The Way of Congregational Churches Cleared, 71.Google Scholar

33. Shurtleff, Nathaniel B., ed., Records of the Governor and Company of the Massachusetts Bay in New England, 5 vols. (Boston: William White, 1853), 1:276 [hereinafter Mass. Records].Google Scholar

34. Rutman, Darrett B., Winthrop's Boston: Portrait of a Puritan Town, 1630–1649 (Chapel Hill: University of North Carolina Press, 1965), 167.Google Scholar

35. Notebook, 123–24; Mass. Records, 1:273.

36. Notebook, 106, 129–30, 174, 163–68; 119, 189, 177, 201, 224; 227; 237–38, 105, 241, 244.

37. Morgan described Dudley as “a rigid, literal-minded type” and his touchiness is displayed in Morgan's description of Dudley's troubled relationship with Winthrop.Morgan, Edmund S., The Puritan Dilemma: The Story of John Winthrop, 2d ed. (New York: Addison Wesley Longman, 1999), 77, 91–94Google Scholar.

38. Notebook, 248–49, 268, 353; 263, 292–93; 323, 356.

39. Ibid., 419–20; 434–35.

40. Haskins, , Law and Authority in Early Massachusetts, 106Google Scholar; Trumbull, , Plain Dealing, 129 n. 227Google Scholar; Notebook, 93, 90.

41. I count approximately ninety petitions (including pleadings) in the Notebook.

42. See McIlwain, Charles Howard, The High Court of Parliament and its Supremacy: An Historical Essay on the Boundaries Between Legislation and Adjudication in England (New Haven: Yale University Press, 1910).Google Scholar

43. It restricted itself to appellate jurisdiction in 1642. Mass. Records, 2:16. After which time, it would no longer “function as a lowly court of first instance general jurisdiction.”Black, , The Judicial Power of the General Court, 146Google Scholar.

44. Black, , The Judicial Power of the General Court, 324, 140 n. 5.Google Scholar

45. Notebook, 183–84, 322, 408; 352; 364–65; 411–12.

46. Ibid., 244, 410, 170.

47. Desan, Christine A., “Remaking Constitutional Tradition at the Margin of the Empire: The Creation of Legislative Adjudication in Colonial New York,” Law and History Review 16 (1998): 258.CrossRefGoogle ScholarSee alsoDesan, Christine A., “The Constitutional Commitment to Legislative Adjudication in the Early American Tradition,” Harvard Law Review 111 (1998): 1381–1503CrossRefGoogle Scholar.

48. Notebook, 85–86; 242; 409–10, 412; 408–9; 197; 252.

49. On the many different meanings of “appeal” and the “culture of appeal” in England and New England in the seventeenth century, see Bilder, “Salamanders and Sons of God.”

50. Notebook, 77, 247–48, 412–13; 320–21.

51. When Bellingham was an assistant, he acted as a witness for various documents Lech-ford drafted, one of which was a sale of a house and lands for £10 to be paid six months later “at the house of Richard Bellingham Esqr in Boston.” Ibid., 58.

52. Records of the Court of Assistants, 2:87.

53. “A Paper of Certain Propositions to the general Cort made upon request 8. 4. 1639,” Notebook, 87–88.

54. “Certaine proposicons to the generall Cort, 11. 4. 1639,” Notebook, 89. The position was subsequently created in 1644 and assigned to William Aspinwall. Mass. Records, 2:86. On Aspinwall, seeAnderson, Robert Charles, The Great Migration Begins, vol. 1, Immigrants to New England, 1620–1633 (Boston: New England Historic Genealogical Society, 1995), 55–60Google Scholar.

55. Notebook, 88; Plain Dealing, 63, 67. See, e.g., Mass. Records, 1:88 (Phillip Ratcliffe ordered to be whipped, his ears cut off, fined, and banished).

56. Records of the Court of Assistants, 2:21, 31, 33, 27; 26, 63, 41, 62.

57. John Noble's edition of the Records of the Court of Assistants used a copy made by Lechford for the purpose of comparing it with the original records. Noble referred to Lechford's copy as “the L. copy.” Ibid., parenthetical note, 2:1.

58. See, e.g.,Whitmore, , Introduction to The Colonial Laws of Massachusetts, 4–8Google Scholar; Morgan, , The Puritan Dilemma, 148–51Google Scholar; Haskins, , Law and Authority in Early Massachusetts, 124–37Google Scholar.

59. Citations to the Body of Liberties are to the reproduction inWhitmore, William H., The Colonial Laws of Massachusetts (Boston, 1889), 29–61.Google ScholarAs far as we know, only the capital laws of the Body of Liberties were published in print.Coquillette, Daniel R., “Radical Lawmakers in Colonial Massachusetts: The ‘Countenance of Authoritie’ and the Lawes and Libertyes,” The New England Quarterly 67 (1994): 192CrossRefGoogle Scholar.

60. Canty-Letsome, Rosezella, “John Winthrop's Concept of Law in 17th Century New England, One Notion of Puritan Thinking,” Duquesne Law Review 16 (1977): 347Google Scholar; Cahn, Mark D., “Punishment, Discretion, and the Codification of Prescribed Penalties in Colonial Massachusetts,” The American Journal of Legal History 33 (1989): 107–36CrossRefGoogle Scholar.

61. The edition of the Laws and Liberties relied on here is The Laws and Liberties of Massachusetts: Reprinted from the Copy of the 1648 Edition in the Henry E. Huntington Library, ed. Farrand, Max (Cambridge: Harvard University Press, 1929).Google Scholar

62. “In-Keepers, Tippling, Drunkenes,” Laws and Liberties, 29–30.

63. Barnes, Thomas G., “Law and Liberty (and Order) in Early Massachusetts,” in The English Legal System: Carryover to the Colonies (Los Angeles: William Andrews Clark Memorial Library, University of California, 1975), 63–96, 68–69Google Scholar; Barnes, Thomas G., Introduction to The Book of the General Lawes and Libertyes Concerning the Inhabitants of the Massachusetts, ed. Barnes, Thomas G. (San Marino, Calif.: Huntington Library, 1975), 8Google Scholar; Brierley, John E. C. and David, René, Major Legal Systems in the World Today: An Introduction to the Comparative Study of Law, 3d ed. (London: Stevens & Sons, 1985), 129, 399, 449–50Google Scholar; Private Law Dictionary and Bilingual Lexicons: Obligations, 3d ed. (Cowansville: Quebec Research Centre of Private and Comparative Law & Éditions Yvon Blais, 2003), s.v. “civil code.”Google Scholar

64. Barnes, , “Law and Liberty (and Order) in Early Massachusetts,” 71.Google Scholar

65. Coquillette, , “Radical Lawmakers in Colonial Massachusetts,” 196Google Scholar; Haskins, , Law and Authority in Early Massachusetts, 129Google Scholar.

66. Brierley, and David, , Major Legal Systems in the World Today, 98, 128–29, 450.Google Scholar

67. Liberty 25 & 2, Body of Liberties, 39, 33; “Summons” & “Justice,” Laws and Liberties, 49, 32.

68. Liberty 26, Body of Liberties, 39.

69. SeeWarden, G. B., “Law Reform in England and New England, 1620 to 1660,” William and Mary Quarterly 35 (1978): 668–90CrossRefGoogle Scholar; Veall, Donald, The Popular Movement for Law Reform, 1640–1660 (Oxford: Clarendon Press, 1970)Google Scholar; Robert W. Gordon, “Review [ofCook, Charles M., The American Codification Movement: A Study of Antebellum Legal Reform (Westport, Conn.: Greenwood Press, 1981)]Google Scholar,” Vanderbilt Law Review 36 (1983): 431–58.

70. Notebook, 236–38.

71. Haskins, George L., “Codification of the Law in Colonial Massachusetts: A Study in Comparative Law,” Indiana Law Journal 30 (1954): 8.Google Scholar

72. Ross, Richard J., “The Commoning of the Common Law: The Renaissance Debate over Printing English Law, 1520–1640,” University of Pennsylvania Law Review 146 (1998): 460CrossRefGoogle Scholar; Ross, Richard J., “The Memorial Culture of Early Modern English Lawyers: Memory as Keyword, Shelter, and Identity, 1560–1640,” Yale Journal of Law and Humanities 10 (1998): 309Google Scholar.

73. Plain Dealing, 67–68.

74. “[N]o mans life shall be taken away, no mans honour or good name shall be stayned, no mans person shall be arested, restrayned, banished, dismembred, nor any wayes punished, no man shall be deprived of his wife or children, no mans goods or estaite shall be taken away from him, nor any way indammaged, under coulor of law or Countenance of Authoritie, unlesse it be by vertue or equitie of some expresse law of the Country waranting the same, established by a generall Court and sufficiently published, or in case of the defect of a law in any parteculer case by the word of god.” Body of Liberties, 33.

75. Mass. Records, 1:275.

76. Plain Dealing, 86.

77. Mass. Records, 1:276.

78. Records of the Court of Assistants, parenthetical note, 2:1; Plain Dealing, 67.

79. “Records,” Laws and Liberties, 46.

80. Ross, , “The Memorial Culture of Early Modern English Lawyers,” 267–71.Google Scholar

81. Warden, , “Law Reform in England and New England,” 678.Google Scholar

82. Barnes, , “Thomas Lechford and the Earliest Lawyering in Massachusetts,” 29–30.Google Scholar

83. Warren, , A History of the American Bar, 68 n. 3.Google Scholar

84. Plain Dealing, 72.

85. Miller, Perry, Orthodoxy in Massachusetts, 1630–1650 (Boston: Beacon Press, 1933), 58.CrossRefGoogle Scholar

86. Mass. Records, 1:168.

87. Plain Dealing, 73–74.

88. Whitmore, , Introduction to The Colonial Laws of Massachusetts, 20Google Scholar; Lechford, Thomas to anonymous friend, 13 October 1640, Plain Dealing, 151Google Scholar.

89. Body of Liberties, 57.

90. Morgan, Edmund S., Visible Saints: The History of a Puritan Idea (New York: New York University Press, 1963), 119–21Google Scholar; Miller, , New England Mind, 434–36Google Scholar.

91. Bremer, Francis J., The Puritan Experiment: New England Society from Bradford to Edwards, rev. ed. (Hanover & London: University Press of New England, 1995), “Chronology,” xix–xx, 123–24.Google Scholar

92. “Ecclesiasticall,” §1 & §2, Laws and Liberties, 18.

93. “A Remonstrance and Petition of Robert Child, and others,” in Hutchinson, Thomas, The Hutchinson Papers, vol. 1, ed. Munsell, Joel (Albany: Publications of the Prince Society, 1865), 214–23, 221 [hereinafter Child Petition].Google Scholar

94. Miller, , Orthodoxy in Massachusetts, 148.Google Scholar

95. Winthrop's Journal, 661; Child Petition, 216 [emphasis added].

96. “A Declaration of the General Court holden at Boston 4(9) 1646, concerning a Remonstrance and Petition exhibited at last Session of this Court by Doctor Child, Thomas Fowle, Samuel Maverick, Thomas Burton, John Smith, David Yale, and John Dand,” in Hutchinson, , The Hutchinson Papers, 1:223–47.Google Scholar

97. Whitmore, , Introduction to The Colonial Laws of Massachusetts, 15.Google Scholar

98. Child Petition, 216.

99. Whitmore, , Introduction to The Colonial Laws of Massachusetts, 16 n. 8.Google ScholarWhitmore could not have noticed the renewed strictness of the 1648 rules when he reproduced the text of the Body of Liberties, narrated Lechford's involvement with the Liberty 95§1, and offered his analysis of the code in 1889. This is because the text of the 1648 Laws and Liberties was not found until 1906 and did not become available to scholars until 1929.Wolford, Thorp L., “The Laws and Liberties of 1648,” in Essays in the History of Early American Law, ed. Flaherty, David H. (Chapel Hill: University of North Carolina Press, 1969), 147–85, 147Google Scholar; Morison, Samuel Eliot, Builders of the Bay Colony, rev. and enl. ed. (Cambridge: Riverside Press, 1964), 263–64Google Scholar.

100. See, e.g.,Trumbull, , Plain Dealing, 62 n. 87Google Scholar; Wolford, , “The Laws and Liberties of 1648,” 150 n. 14Google Scholar.

101. Morris, Richard B., “Massachusetts and the Common Law: The Declaration of 1646,” in Essays in the History of Early American Law, ed. Flaherty, David H. (Chapel Hill: University of North Carolina Press, 1969), 135–46, 145Google Scholar(“Disingenuousness marks the document [i.e. the Declaration]”);Morison, , Builders of the Bay Colony, 253–54Google Scholar(“Included in the Declaration is a very disingenuous and misleading parallel between Magna Carta and the English Common Law on the one hand, and the ‘Fundamentalls of the Massachusetts' on the other”).

102. Child Petition, 219–20; “To the Reader” in Plain Dealing, 7.

103. Plain Dealing, 139, 89.

104. This was an important part of the horror experienced by the English settlers when members of their communities were captured by Indians and either kept among them or brought to French Canada and converted to Catholicism. SeeDemos, John, The Unredeemed Captive: A Family Story from Early America (New York: Albert A. Knopf, 1994)Google Scholar; Lepore, Jill, The Name of War: King Philip's War and the Origins of American Identity (New York: Alfred A. Knopf, 1998)Google Scholar.

105. Axtell, James, The Invasion Within: The Contest of Cultures in Colonial North America (New York: Oxford University Press, 1985), 138.Google Scholar

106. See, e.g.,Miller, , The New England Mind, 443Google Scholar; Morgan, , The Puritan Family, 173–Google Scholar74.

107. Cotton, , The Way of Congregational Churches Cleared, 74.Google Scholar

108. Morgan, , Visible Saints, 120.Google Scholar

109. Axtell, , The Invasion Within, 218–19; 248, 273, 276–79, 286.Google Scholar

110. Plain Dealing, 122; Thomas Lechford to anonymous friend, 28 July 1640, Plain Dealing, 147.

111. Axtell, , The Invasion Within, 219, 223, 225, 139–42Google Scholar; Lepore, , The Name of War, 30, 34–36Google Scholar.

112. Cotton, , The Way of Congregational Churches Cleared, 71.Google Scholar

113. Winthrop's Journal, 658.

114. The exact date of Lechford's death is not known. Cotton wrote that Lechford died “soon after the publishing of that Book [i.e,. Plain Dealing],” the second edition of which appeared in 1644.Cotton, , The Way of Congregational Churches Cleared, 71.Google ScholarLechford's wife, Elizabeth, remarried in New England in 1645.Torrey, Clarence Almon, New England Marriages Prior to 1700 (Baltimore: Genealogical Publishing, 1985), 458Google Scholar.

115. Lechford wrote, “I have heard one of their wisest speak of an intention to repeale the same law,” namely, the “one I excepted against” in “Of the Church her Liberties.” Plain Dealing, 65–66. Since this text first appeared in 1642, he probably was referring to the repeal of the 1636 law and the intention to replace it with Liberty 95§1.

116. Thomas Lechford to anonymous friend, 19 December 1640, Plain Dealing, 156; Thomas Lechford to anonymous friend, 13 October 1640, Plain Dealing, 150. See alsoLechford, Thomas to anonymous friend, 28 July 1640, Plain Dealing, 144Google Scholar(“I am kept from the Sacrament, and all place of preferment in the Common-wealth”).

117. Wilfrid Prest, “The English Bar, 1550–1700,” in Lawyers in Early Modern Europe and America, ed. Wilfrid Prest (New York: Holmes & Meier, 1981), 65–85, 69–70.

118. Love, , Scribal Publication, 200.Google ScholarD'Ewes probably acquired his penchant for copying and note keeping while a university student in 1618 at St. John's College, Cambridge, under his tutor, Richard Holdsworth (or Oldsworth), whose system of study used a method of taking succinct notes in various “paper books.”Fletcher, Harris Francis, The Intellectual Development of John Milton, vol. 2, The Cambridge University Period, 1625–32 (Urbana: University of Illinois Press, 1961), 84Google Scholar(D'Ewes became one of Holdsworth's pupils in 1618). See also Appendix II, “Holdsworth's ‘Directions for a Student in the Universitie,'” 623–70, 638–52 (on commonplacing).

119. Prest, , “The English Bar,” 69.Google Scholar

120. Foucault, Michel, The Order of Things: An Archaeology of the Human Sciences, a Translation of les mots et les choses (New York: Vintage Books, 1994), 38Google Scholar; Hoeflich, M. H., “The Lawyer as Pragmatic Reader: The History of Legal Common-Placing,” Arkansas Law Review 55 (2002): 87–122Google Scholar.

121. See Love, Scribal Publication; Hall, David D., Cultures of Print: Essays in the History of the Book (Amherst: University of Massachusetts Press, 1996)Google Scholar; A History of the Book in America, vol. 1, The Colonial Book in the Atlantic World, ed. Amory, Hugh and Hall, David D. (Cambridge: Cambridge University Press, 2000)Google Scholar; Ross, “The Memorial Culture of Early Modern English Lawyers”; Ross, “The Commoning of the Common Law”; MaryBilder, Sarah, “The Lost Lawyers: Early American Legal Literates and Transatlantic Legal Culture,” Yale Journal of Law and Humanities 11 (1999): 47–104Google Scholar.

122. Cohen, Morris L., “Legal Literature in Colonial Massachusetts,” in Law in Colonial Massachusetts, 243–72, 248–50Google Scholar; Notebook, 241, 244.

123. Amory, Hugh, “Printing and Bookselling in New England, 1638–1713,” in A History of the Book in America, vol. 1, The Colonial Book in the Atlantic World, ed. Amory, Hugh and Hall, David D. (Cambridge: Cambridge University Press, 2000), 83–116, 111.Google Scholar

124. Coquillette, , “Radical Lawmakers in Colonial Massachusetts,” 192, 192 n. 28.Google Scholar

125. Mass. Records, 2:9; “Children,” Laws and Liberties, 11.

126. Bilder, , “Early American Legal Literates and Transatlantic Legal Culture,” 98–99.Google Scholar

127. “Records,” §5, Laws and Liberties, 47; See also Liberty 48, Body of Liberties, 45.

128. Bilder, , “Early American Legal Literates and Transatlantic Legal Culture,” 100, 99 n. 256.Google Scholar

129. Ibid., 99 n. 256.

130. The long title of a 1594 edition of West's Symboleography continued “which may be termed the Art, Description, or Image of Instruments, Of the paterne of Presidents. Or the Notaire or Scrivener.” Many editions appeared between 1590 and 1647. Countrey Justice also appeared in many editions.Maxwell, W. Harold and Maxwell, Leslie F., A Legal Bibliography of the British Commonwealth of Nations, vol. 1, English Law to 1800, 2d ed. (London: Sweet & Maxwell, 1955), 487, 227.Google ScholarFor early American examples of form books and practice manuals, seeCohen, Morris L., Bibliography of Early American Law (Buffalo, N.Y.: William S. Hein, 1998), 3:3–180Google Scholar.

131. Love, , Scribal Publication, 225.Google Scholar

132. Barnes, , “Thomas Lechford and the Earliest Lawyering in Massachusetts,” 17–19.Google Scholar

133. Ross, , “The Memorial Culture of Early Modern English Lawyers,” 271.Google Scholar

134. See Thornton, Tamara Plakins, Handwriting in America: A Cultural History (New Haven: Yale University Press, 1996).Google Scholar

135. Cressy, David, Literacy and the Social Order: Reading and Writing in Tudor and Stuart England (Cambridge: Cambridge University Press, 1980), 15.CrossRefGoogle Scholar

136. Baker, J. H., “The English Legal Profession, 1450–1550,” in Lawyers in Early Modern Europe and America, ed. Prest, Wilfrid (New York: Holmes & Meier, 1981), 16–41, 27.Google Scholar

137. Barnes, “Thomas Lechford and the Earliest Lawyering in Massachusetts,” 23 (Lech-ford demonstrated “an improvisational command of real property usually associated with a barrister-conveyancer rather than with a mere scrivener”).

138. Ibid., 29, 25.

139. William Aspinwall was granted the role of “clerk of the writts” for Boston in 1643, and both the posts of colony recorder and “publique notary,” when the office was created in 1644. Mass. Records, 2:45, 2:84, 2:86.

140. Barnes, , “Thomas Lechford and the Earliest Lawyering in Massachusetts,” 11.Google Scholar

141. See Prest, Wilfrid R., The Rise of the Barristers: A Social History of the English Bar, 1590–1640 (Oxford: Clarendon Press, 1986).Google Scholar

142. Brooks, , Pettyfoggers and Vipers of the Commonwealth, 12.Google Scholar

143. Barnes, , “Thomas Lechford and the Earliest Lawyering in Massachusetts,” 24.Google Scholar

144. Child Petition, 218, 217.

145. Plain Dealing, 59.

146. Morgan, , The Puritan Family, 170.Google Scholar

147. Haskins, , Law and Authority in Early Massachusetts, 206–11.Google Scholar

148. See Zuckerman, Michael, “Pilgrims in the Wilderness: Community, Modernity, and the Maypole at Merry Mount,” New England Quarterly 50 (1977): 255–77CrossRefGoogle Scholar; Winthrop's Journal, 76.

149. Dunn, , Puritans and Yankees, 51.Google Scholar

150. Winthrop's Journal, 659, 656.

151. Bilder, , “Salamanders and Sons of God,” 69.Google Scholar

152. Plain Dealing, 72; “To the Reader” in Plain Dealing, 4.

153. See Murrin, John M., “The Legal Transformation: The Bench and Bar of Eighteenth-Century Massachusetts,” in Colonial America: Essays in Politics and Social Development, ed. Katz, Stanley N. and Murrin, John M., 3d ed. (New York: Alfred A. Knopf, 1983), 540–72Google Scholar; Newmyer, R. Kent, “Harvard Law School, New England Legal Culture, and the Antebellum Origins of American Jurisprudence,” in The Constitution and American Life, ed. Thelen, David (Ithaca: Cornell University Press, 1988), 154–75Google Scholar.