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En_lar_d, Table of Contents, (Oxford 176S-1769) o
The majority of all criminal prosecutions fell within the
category of "offenses against God and Religiono _' Of 2_784
prosecutions in the Superior and General Sessions Court of
Massachusetts between 1760 and 1774, 1,074, or 38%, were for
sexual offenses, including adultery_ cohabitation, indecent
exposure, lewdness and prostitution° The great bulk of sexual
offenses - over 95% - were for fornication° Nelson,
Americanization of Common Law 37 (1975).
A detailed study of the laws has shown that Virginia "did
not differ radically from Episcopal England or even Puritan
Massachusetts so far as legislation against vice and profaneness
were concerned; nor were earnest efforts at the enforcement of
laws entirely lacking°" Arthur Po Scott_ Criminal Law in
Colonial Virqinia (1930) o Historian Arthur P. Scott notes that:
The earliest records of the civil court show
that they regularly dealt with many offenses
which in England would have gone preferably
before church courts The beginnings of
a similar movement can be traced in tlhe
English county courts, but it was greatly
hastened in Virginia. In dealing with
various forms of immorality, the Virginia
Magistrates frequently imposed penances which
were substantially the same as those employed
in the ecclesiastical courts at home, notably
appearing in church in a white sheet,
carrying a wand, and there making a
confession° After about 1650 these
disappears and while the laws still speak of
the displeasure which certain offenses give
to God, and the records refer to the _sin" of
fornicationg for example, the penalties are
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