- Title Pages
- Dedication
- Preface
- Acknowledgments
- Abbreviations to Sources
- Introduction
- 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
- Afterword
- 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
- Index
APPENDIX D-2 Positive Votes: Towns That Approved the Excise of 1754
APPENDIX D-2 Positive Votes: Towns That Approved the Excise of 1754
- Source:
- The Fourth Amendment
- Publisher:
- 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.
(p.818) Cambridge (Middlesex Co.). Procs., 11 Sept. 1754, Cambridge City Council, “The City of Cambridge, Town Records,” vol. B (1703/4–1780), fol. 84. 02139.
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.
(p.819) Westfield (Hampshire Co.). Procs., 7 Oct. 1754, “Town Meeting Book, 1692–1762,” fol. 277. 01085.
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).
- Title Pages
- Dedication
- Preface
- Acknowledgments
- Abbreviations to Sources
- Introduction
- 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
- Afterword
- 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
- Index
