The
European Background
103
bance, and lack of religious freedom. Migrants were never those who had
been wholly satisfied with England, nor those who had succeeded best
there or knuckled under soonest. The cavaliers were remounted in Vir-
ginia after they had been dismounted in England. The North Carolina
Highlanders, who had left after the 'Forty-five Rebellion, were most
decidedly those whose faces did not fit. Men like that were so atypical of
society in Britain that it is almost surprising how British America was to
remain amidst all its novel variety.
In New England, especially, there was no truck with manorialism or the
establishment of an hereditary landed aristocracy. Although a number of
common fields survived for a long time in Massachusetts, they were
sometimes cleared and tilled for the first year only. By and large, individ-
ual landownership was the rule from the outset. Even with communalism,
each holding's home paddock was usually sizable, much bigger than in
England, big enough for subsistence. Where common
fields
appear in the
landscape of eighteenth-century Massachusetts they were sometimes re-
creations, emphasizing the aspect of choice from a menu of institutions
rather than an automatic transfer. In the South, great wealth immediately
established itself on plantations
—
but not personal titles. By the time of
Independence, a greater equality of wealth and income than in the old
country demonstrated the benefits of a few generations spent accumulat-
ing capital in the colonies more than it reflected titular advantage.
England could not maintain full control over distant colonies occupied
by men who sometimes thought themselves truer Englishmen, reverting
to older ways or deliberately concerned with planting the New Jerusalem,
the City on a Hill. Even in Virginia, the laws were versions of English law
adapted to new circumstances, which included a scarcity of men with legal
training. Law and order were seen as necessary to the conduct of business
and essential if further immigrants with skill and capital were to be
attracted, but this did not mean and could not mean unchanged law or an
exact replica of the English legal apparatus.
Learned, then, from handbooks and faced with unexpected difficulties
like Indian attack, the law began to alter. Its English origin is obvious, but
the change of form is obvious, too: Latin and French vanished from the
courtroom. Elements of substance changed as well. Americans were not
"born free," but they did manage to discard
some
ancient English exactions.
Massachusetts soon abolished heriots, reliefs, and escheats. Whereas the
poor in England had been disarmed and no one worth less than £100 per
annum could possess a gun, the Indian threat in Virginia meant that adult
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