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those provided by civil and not
ecclesiastical law.
Scott, suDra, at 254.
In summarizing the situation in colonial Virginiaf Scott
draws the following general conclusions:
io Jurisdiction over public morals, which in
England was divided between the civil and
ecclesiastical court, in Virginia was
entirely in civil courts, although the
churchwardens in many cases were required to
present offenders°
2o Several English statutes and a few
common-law provisions were in force in the
colony, and other English laws were re-
enacted by title only.
3o The assembly passed many more laws
dealing with public moral than with offenses
against the state, or religion, or the person
or property. But in numerous instances the
language of the Virginia statute was largely
copied from a corresponding Eng2ish law.
4o In general_ the same kind of offenses was
singled out for punishment in England. There
was little difference in the severity of the
penal:ies inflicted at home and in the
colony.
Scott, _ p.4, at 291.
The historical record is thus clear that ti_e sole rationale
for the criminalization of acts which have no harmful effect on
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