- Title Pages
- Abbreviations to Sources
- PART I The Emergence of the Concept of Unreasonable Search and Seizure, to 1642
- Chapter 1 English Thought on Search and Seizure to 1642
- Chapter 2 Search and Seizure in England Before 1485
- Chapter 3 The English Law of Search and Seizure, 1485–1642
- Chapter 4 The English Practice of Search and Seizure, 1485–1642
- PART II The Emergence of the General Warrant as an Unreasonable Search and Seizure
- Chapter 5 English Thought on Search and Seizure, 1642–1700
- Chapter 6 The General Warrant in Intellectual and Political Perspective, 1642–1700
- Chapter 7 Search and Seizure in England, 1642–1700: The Legal Background to the English Critique of General Warrants
- Chapter 8 Colonial Thought Respecting Search, Seizure, and the Illegitimacy of General Warrants, to 1760<sup>1</sup>
- Chapter 9 Colonial Legislation Regarding Search and Seizure, to 1760<sup>1</sup>
- Chapter 10 Colonial Search Warrants and Their Enforcement, to 1760, in Relation to the Search Warrant Clause of the Fourth Amendment<sup>1</sup>
- Chapter 11 Colonial Searches by the Customs Services of England and Great Britain, to 1760<sup>1</sup>
- PART III The Evolution of the Specific Warrant as the Orthodox Method of Search and Seizure, to 1760
- Chapter 12 English and British Advocacy of the Specific Warrant, to 1760<sup>1</sup>
- Chapter 13 English and British Advocacy of the Specific Warrant in Intellectual and Political Context, 1700–1760
- Chapter 14 Search and Seizure in Great Britain, 1700–1760: The Legal Background to the Specific Warrant Clause
- Chapter 15 The Colonial Roots of the Specific Warrant Clause: Search and Seizure in Massachusetts, to 1760
- Chapter 16 The Political Background to the Emergence of the Specific Warrant in Massachusetts, to 1760
- Chapter 17 <i>Paxton’s Case</i> and the Writs of Assistance Controversy in Massachusetts, 1755–1762
- Chapter 18 Developments in Search and Seizure Beyond the Transition to Specific Warrants, to 1760
- PART V Developments in Search and Seizure, 1760–1776
- Chapter 19 The <i>Wilkes</i> Cases: Search and Seizure in Great Britain, 1761–1776
- Chapter 20 The Writs of Assistance Controversy, 1761–1776: The Awakening of Hostility to General Search and Seizure Throughout the Colonies
- Chapter 21 Colonial Responses to the Controversies over Wilkes, General Warrants, and Writs of Assistance: The Widening Opposition to General Warrants
- Chapter 22 Issues Correlative to the Search Warrant, 1761–1776
- PART VI The Emergence of the Fourth Amendment, 1776–1791
- Chapter 23 American Search and Seizure, 1776–1787: The Years of Paradox
- Chapter 24 The Formation and Original Meaning of the Fourth Amendment, 1787–1791
- APPENDIX A Monographic Sources on the Authors of English Legal Treatises, 1168–1581
- APPENDIX B Searches and Seizures Respecting the British Guilds, 1298–1692
- APPENDIX B-1 Guild Searches Restricted to the Premises of Artisans of the Corresponding Professions
- APPENDIX B-2 Guild Searches Unrestricted to the Premises of Artisans of the Corresponding Professions
- APPENDIX C
- APPENDIX C-1 Forms of Search Warrants in English Legal Treatises, 1618–1640
- APPENDIX C-2 Forms of Search Warrants in English Legal Treatises, 1642–1700
- APPENDIX C-3 Forms of Search Warrants in British Legal Treatises, 1700–1760
- APPENDIX C-4 Forms of Search Warrants in Colonial Legal Treatises, to 1760
- APPENDIX C-5 Typical Search Warrants in the Colonies Before 1760
- APPENDIX D Votes of Massachusetts Towns on the Excise of 1754
- APPENDIX D-1 Negative Votes: Towns That Rejected the Excise Bill of 1754
- APPENDIX D-2 Positive Votes: Towns That Approved the Excise of 1754
- APPENDIX D-3 Poll Tax Assessments of Towns That Voted on the Excise of 1754 (In pounds–shillings–pence)
- APPENDIX D-4 Abstention Votes: Towns That Resolved to Abstain From Voting on the Excise Bill
- APPENDIX D-5 “Silent Towns I”: Towns in Which the Excise Bill Appeared on the Agenda for a Town Meeting but Not in the Records for That Meeting or for Any Later One
- APPENDIX D-6 “Silent Towns II”: Towns with Surviving Meeting Records for July–October 1754 that Do Not Mention the Excise Bill (78 towns)
- APPENDIX D-7 “Record Gaps”: Towns with Records Commencing before 1754 but Missing When Massachusetts Towns Debated the Excise Bill of 1754 (3 towns)
- APPENDIX D-8 Undocumented Towns: Towns that Either Generated No Meeting Records or for Which Previously Extant Records are Now Lost (5 towns)
- APPENDIX D-9 “Fictitious Towns”: Towns Claimed by Massachusetts but outside Its Boundaries in 1754 (5 towns)
- APPENDIX E
- APPENDIX E-1 The Primary Sources on <i>Paxton’s Case</i> (1761)
- APPENDIX E-2 Secondary Sources on <i>Paxton’s Case</i> (1761)
- APPENDIX F
- APPENDIX F-1 British Documents Respecting Civil Rights and Liberties, 1628 to 1760
- APPENDIX F-2 Colonial Precursors to the American Constitution, to 1760
- APPENDIX G
- APPENDIX G-1 <i>The Wilkes Cases</i>
- APPENDIX G-2 Leading Secondary Sources of the Wilkes Affair
- APPENDIX H
- APPENDIX H-1 Colonial Publications and Press Reports Respecting John Wilkes and His Role in <i>The North Briton Forty-Five</i>
- APPENDIX H-2 Pronouncements by the Continental Congress on Unreasonable Search and Seizure, 21, 26 Oct. 1774: Pamphlet and Newspaper Reprints
- APPENDIX I State Constitutions of 1776–1784 that Ignored Search and Seizure
- APPENDIX J The Massachusetts Constitution of 1780 in Relation to Search and Seizure: Ratification Returns
- APPENDIX J-1 Votes on Section 14 of the Massachusetts Constitution of 1780: 42 towns
- APPENDIX J-2 Votes on Segments of the Massachusetts Constitution of 1780 that Included the Article on Search and Seizure: 61 towns
- APPENDIX J-3 Votes on the Massachusetts Constitution or Declaration of Rights of 1780 as a Whole: 73 towns
- APPENDIX J-4 Votes of Approximate Number on the Constitution of 1780: 11 Towns
- APPENDIX J-5 Voted on the Massachusetts Constitution: Result but Not Margin of Vote Recorded: 26 towns
- APPENDIX J-6 Towns that Voted Only on Parts of the Constitution that Did Not Concern Search and Seizure: 3 towns
- APPENDIX J-7 Towns that Voted on Proposals to Amend the Constitution but Not on the Constitution Itself: 10 towns
- APPENDIX J-8 Towns that Voted on the Constitution, but the Substance of the Vote Does Not Survive: 1 town
- APPENDIX J-9 Towns that Placed the Constitution on the Agenda for at Least One Town Meeting but Did Not Record the Substance of the Resulting Vote: 3 towns
- APPENDIX J-10 Ambiguous Reports: 3 towns
- APPENDIX J-11 Towns that Voted Not to Vote on the Constitution of 1780 or to Send No Return: 7 towns
- APPENDIX J-12 Towns with Records Predating the Constitution that Are Missing or Blank for the Period When It Was before the Towns: 3 towns
- APPENDIX J-13 Towns with Records for 1780 that Mention No Vote on the Constitution of that Year: 22 towns
- APPENDIX J-14 Towns Whose Earliest Records Start after 1780: 26 towns
- APPENDIX J-15 Fictitious Towns: Towns in the Massachusetts Tax Act of 1780 that Were Located in Other Jurisdictions: 4 towns
- APPENDIX K The Authorship of the State Constitutions of 1776–84 and of Their Statements on Search and Seizure
- APPENDIX L Search and Seizure by Quasi–Official and Unofficial Institutions Before the Revolution
- APPENDIX M The Effects of Plunder on Opinion Respecting Search and Seizure during the American Revolution
- APPENDIX N
- APPENDIX N-1 Secondary Sources on the State Ratifying Conventions 1787–1788
- APPENDIX N-2 Ratifications by the State Legislatures in Chronological Sequence (cited by statute):
- APPENDIX O An Inventory of Manuscripts that Congressmen Wrote While Drafting the Fourth Amendment
- APPENDIX P Forms of Search Warrants in American Legal Treatises, 1792–1820
- APPENDIX Q Origins of the Affirmation Phrase
- APPENDIX Q Origins of the Affirmation Phrase
- Table of Cases
APPENDIX D-2 Positive Votes: Towns That Approved the Excise of 1754
APPENDIX D-2 Positive Votes: Towns That Approved the Excise of 1754
- The Fourth Amendment
- Oxford University Press
So far as the following records indicated, no town approved the excise by a unanimous vote. A double underline, however, designates the five towns that voted in the affirmative “by a great majority,” or similar language.
Abington (Plymouth Co.). Procs., 30 Sept. 1754, [Town Records, Births, Marriages and Deaths (untitled ms.)], vol. 1 [1712–77], fol. 94 (91) (L. D. S. Film no. 904,379).
Barnstable (Barnstable Co.). Procs., 22 Aug. 1754, “Barnstable Town Records,” vol. 2 (1713–64), fol. 148, Office of the Clerk and Treasurer, Town of Barnstable, Drawer T, Hyannis, Ma. 02601.
Billerica (Middlesex Co.)Procs., 16 Sept. 1754, “Records [of Billerica],” vol. 4 (1753–79), fol. 18 (L. D. S. Film no. 0901877).
Bolton (Worcester Co.). Procs., 26 Aug. 1754, “Bolton Town Records,” vol. 1 (1738–77), fol. 202. 01740.
Boxford (Essex Co.). Procs, 20 Sept. 1754, “Boxford Town Reports,” Bk. 2 (1741–93), fol. 35. 01921.
Bradford (Essex Co.). Procs., 19 Sept. 1754, “Records of Meetings,” no. 2 (1744–1826), unfoliated (L. D. S. Film no. 893,123).
Brookfield (Worcester Co.). Procs., 30 Sept. 1754, “Town Meetings, 1719–70,” fols. 225–26. 01506.
Concord (Middlesex Co.). Procs., 25 Sept. 1754, [Ancient Records of Concord], vol. 4: Records of Selectmen and Town Meetings, 1746–77, fol. 95. 01742. The same item appears in a copy of the foregoing ms. at the Concord Free Public Library: “Town Clerk’s Record,” vol. 4 (1747–56), fol. 95 (W. P. A. Note Book Copy, vol. 9, fols. 95b–c).
Framingham (Middlesex Co.). Procs., 23 Sept. 1754, “Town Records Proceedings & Misc.,” vol. 2 (1736–87), fol. 104 (L. D. S. Film no. 873046).
Groton (Middlesex Co.). Procs., 13 Aug. 1754, “Town Meeting Records,” vol. 4 (1750–65), fol. 114. 01450.
Hardwick (Worcester Co.). Procs., 30 Sept. 1754, “Town Records, Vital Records,” vol. 2 [1734–1812], fol. 119 (L. D. S. Film no. 868,518).
HYANNIS: see Barnstable.
Lancaster (Worcester Co.). Abijah Willard to freeholders, [Lancaster], 26 Aug. 1754 and procs., 9 Sept. 1754, “Town Records, vol. 1 [1725–67]. Town of Lancaster,” unfoliated, Town Clerk’s Office, Town Hall, 695 Main Street (Box 97), Lancaster, MA 01523-2245: transcript copy courtesy of June Sheridan, Asst. Town Clerk, to the author, 01 July 2008, 10:22:54 (email).
Malden (Middlesex Co.). Procs., 19 Aug. 1754, “Proceedings, vol. 1 ([1673/4-] 1764),” unfoliated (L. D. S. film no. 0893872).
Medfield (Suffolk Co.). Procs., 14 Oct. 1754, “Records of the Town of Medfield…,” vol. 2 (1700–55), unfoliated. 02052.
Middleboro (Plymouth Co.). Procs., 30 Sept. 1754, “Town of Middleboro, Records,” vol. 2 (1746–72), fol. 71. 02346.
Newton (Middlesex Co.). Procs., 7 Oct. 1754, “Town of Newton. Town Meeting Records,” bk. 1 (1706–58), City Archivist, City Clerk’s Office, City Hall, 1000 Commowealth Ave., Newton Center, Ma. 02159.
Pembroke (Plymouth Co.). Procs., 14 Oct. 1754, “Records of the Town of Pembroke, Massachusetts,” Part 1 (1735–91), fols. 109–10. 02359.
Pepperell (Middlesex Co.). Procs., 16 Aug. 1754, [Town Records, Proceedings & Misc.], vol. 1 (1742–ca. 1809), fol. 26 (L. D. S. Film no. 868,715).
Plympton (Plymouth Co.). Procs., 7 Oct. 1754, art. 3, “Records of the Town of Plympton,” vol. 2 (1731/2–1815), fol. 65. 02367.
Reading (Middlesex Co.). Procs., 7, 16 Oct. 1754, “Records of the Town of Reading, Massachusetts, 1638–1812,” vol. 1 (1644–1773), fols. 359–60, Reading Public Library, 6 Lowell St., Reading, Ma. 01867.
Rowley (Essex Co.). Procs., 20 Sept. 1754, “Record,” vol. 2 (1716–71), fol. 128 (L. D. S. Film no. 887,752).
Sturbridge (Worcester Co.). Procs., 8 Oct. 1754, “Records,” 1738–77, fol. 97. 011566.
Sudbury (Middlesex Co.). Procs., 14 Oct. 1754, art 9, “Town Meeting Records,” bk. 3 (1724–55), fol. 618. 01776.
Sutton (Worcester Co.). Procs., 10 Sept. 1754, art. 2, “Sutton Town Book, 1719–87,” unfoliated. 01527.
Waltham (Middlesex Co.). Procs., 2 Sept. 1754, “Liber No. 1: Waltham First Book of Records [1737–58],” fol. 282 (L. D. S. Film no. 892,245); “Copy [Town Meeting] Records, 1750 to 1768,” fol. 105 (L. D. S. Film no. 892,246).
Watertown (Middlesex Co.). Procs., 16 Sept. 1754, art. no. 1, Watertown Records (8 vols. Watertown, 1894–1939), vol. 5 (1745/6–69), p. 147.
Weston (Middlesex Co.). Procs., 14 Oct. 1754, “Trade, 1645–1754; Mass. Ar.,” vol. 119, fol. 675a, Ma. Ar., Boston; also in: Town of Weston. Records of the First Precinct, 1746–54 (Boston, 1893), p. 38.
Woburn (Middlesex Co.). Procs., 14 Oct. 1754, “Woburn Town Records,” vol. 7 [i.e., 8] (Dec. 1748–Mar. 1766), fol. 138 (L. D. S. Film no. 893,363).