Having arriving in the Province of Maine in 1641 with a brief to create both government and law for the fledgling colony, Thomas Gorges later recorded his policy as having ’steared as neere as we could to the course of Ingland’. Over the course of the next century the various colonial administrations all consciously measured their laws against that of England, whether their intention was imitation of or conscious opposition to, established English legal system. In order to trace the shifting and contested relationships between colonial laws and English laws, this book focuses on the prosecution of sexual misconduct. All crimes can threaten orderly society but no other crime posed quite the same long term implications as illicit sex resulting in the birth of illegitimate children who became their own social challenges. Sexual misconduct was, consequently, a major concern for early modern leaders, making it a particularly fruitful subject for studying the complex relationship between laws in England and laws in the English colonies. Political and ecclesiastical leaders create laws to coerce people to behave in a certain fashion and to convey wider messages about the societies they govern. When those same laws are broken, lawbreakers must be tried and punished by a means intended to serve as a warning to other would-be lawbreakers. In this book the two-part analysis of changing sexual misconduct laws and the resulting trial depositions highlights the ways in which ordinary New England colonists across New England both interacted with and responded to the growing Anglicization of their legal systems and makes the argument that these men and women saw themselves as taking part in a much larger process.

Having arriving in the Province of Maine in 1641 with a brief to create both government and law for the fledgling colony, Thomas Gorges later recorded his policy as having ’steared as neere as we could to the course of Ingland’. Over the course of the next century the various colonial administrations all consciously measured their laws against that of England, whether their intention was imitation of or conscious opposition to, established English legal system. In order to trace the shifting and contested relationships between colonial laws and English laws, this book focuses on the prosecution of sexual misconduct. All crimes can threaten orderly society but no other crime posed quite the same long term implications as illicit sex resulting in the birth of illegitimate children who became their own social challenges. Sexual misconduct was, consequently, a major concern for early modern leaders, making it a particularly fruitful subject for studying the complex relationship between laws in England and laws in the English colonies. Political and ecclesiastical leaders create laws to coerce people to behave in a certain fashion and to convey wider messages about the societies they govern. When those same laws are broken, lawbreakers must be tried and punished by a means intended to serve as a warning to other would-be lawbreakers. In this book the two-part analysis of changing sexual misconduct laws and the resulting trial depositions highlights the ways in which ordinary New England colonists across New England both interacted with and responded to the growing Anglicization of their legal systems and makes the argument that these men and women saw themselves as taking part in a much larger process.

An Alternate Selection of the History Book Club In 1695, John Miller, a clergyman traveling through New York, found it appalling that so many couples lived together without ever being married and that no one viewed "ante-nuptial fornication" as anything scandalous or sinful. Charles Woodmason, an Anglican minister in South Carolina in 1766, described the region as a "stage of debauchery" in which polygamy was "very common," "concubinage general," and "bastardy no disrepute." These depictions of colonial North America's sexual culture sharply contradict the stereotype of Puritanical abstinence that persists in the popular imagination. In Sexual Revolution in Early America, Richard Godbeer boldly overturns conventional wisdom about the sexual values and customs of colonial Americans. His eye-opening historical account spans two centuries and most of British North America, from New England to the Caribbean, exploring the social, political, and legal dynamics that shaped a diverse sexual culture. Drawing on exhaustive research into diaries, letters, and other private papers, as well as legal records and official documents, Godbeer's absorbing narrative uncovers a persistent struggle between the moral authorities and the widespread expression of popular customs and individual urges. Godbeer begins with a discussion of the complex attitude that the Puritans had toward sexuality. For example, although believing that sex could be morally corrupting, they also considered it to be such an essential element of a healthy marriage that they excommunicated those who denied "conjugal fellowship" to their spouses. He next examines the ways in which race and class affected the debate about sexual mores, from anxieties about Anglo-Indian sexual relations to the sense of sexual entitlement that planters held over their African slaves. He concludes by detailing the fundamental shift in sexual culture during the eighteenth century towards the acceptance of a more individualistic concept of sexual desire and fulfillment. Today's moral critics, in their attempts to convince Americans of the social and spiritual consequences of unregulated sexual behavior, often harken back to a more innocent age; as this groundbreaking work makes clear, America's sexual culture has always been rich, vibrant, and contentious.

A major reassessment of the development of race and subjecthood in the British Atlantic Focusing on Jamaica, Britain’s most valuable colony in the Americas by the mid-eighteenth century, Brooke Newman explores the relationship between racial classifications and the inherited rights and privileges associated with British subject status. Weaving together a diverse range of sources, she shows how colonial racial ideologies rooted in fictions of blood ancestry at once justified permanent, hereditary slavery for Africans and barred members of certain marginalized groups from laying claim to British liberties on the basis of hereditary status.

Renowned legal historian Lawrence Friedman presents an accessible and authoritative history of American law from the colonial era to the present day. This fully revised fourth edition incorporates the latest research to bring this classic work into the twenty-first century. In addition to looking closely at timely issues like race relations, the book covers the changing configurations of commercial law, criminal law, family law, and the law of property. Friedman furthermore interrogates the vicissitudes of the legal profession and legal education. The underlying theory of this eminently readable book is that the law is the product of society. In this way, we can view the history of the legal system through a sociological prism as it has evolved over the years.

The narratives of slaves, wives, and servants who resisted social and domestic violence in the nineteenth century In the early nineteenth century, Peter Wheeler, a slave to Gideon Morehouse in New York, protested, “Master, I won’t stand this,” after Morehouse beat Wheeler’s hands with a whip. Wheeler ran for safety, but Morehouse followed him with a shotgun and fired several times. Wheeler sought help from people in the town, but his eventual escape from slavery was the only way to fully secure his safety. Everyday Crimes tells the story of legally and socially dependent people like Wheeler—free and enslaved African Americans, married white women, and servants—who resisted violence in Massachusetts and New York despite lacking formal protection through the legal system. These “dependents” found ways to fight back against their abusers through various resistance strategies. Individuals made it clear that they wouldn’t stand the abuse. Developing relationships with neighbors and justices of the peace, making their complaints known within their communities, and, occasionally, resorting to violence, were among their tactics. In bearing their scars and telling their stories, these victims of abuse put a human face on the civil rights issues related to legal and social dependency, and claimed the rights of individuals to live without fear of violence.

Offers a new reading of the history of the colonization of North America and the dispossession of its indigenous peoples.

This annotated edition of The Scarlet Letter enhances student and reader comprehension of a standard work studied in literature classes, exploring names, places, objects, and allusions.

In the early modern period women played a prominent role in crime. At times they even made up half of all defendants. Female criminality was a typically urban phenomenon. Why do we find so many women before the Dutch criminal courts?