According to the accepted legal theory, the American colonists
claimed the English common law as their birthright, brought with
them its general principles and adopted so much of it as was
applicable to their condition. Although this theory is universally
adopted by the courts, a close study of the subject reveals among
the early colonists a far different attitude toward the common law
from that which is usually attributed to them. In none of the
colonies, perhaps, was this more marked than in early
Massachusetts. Here the binding force of English law was denied,
and a legal system largely different came into use. It is the
purpose of this work to trace the development of that system during
the period of the first charter.
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