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.

This dissertation is a comparative study of sexual crime trials in four New England jurisdictions: Essex County, Massachusetts, Plymouth Colony, The Province of Maine, and Rhode Island Colony. It argued that sexual crime trials could be used as a tool for studying the diverse and changing legal cultures of different regions within New England. Whether morality or child support was under discussion, sexual intercourse outside of marriage threatened to disrupt the social and economic bounds of early modern society. Nevertheless, methods for addressing the issue varied widely in New England, depending on the jurisdiction in question. As a result, examining the particular legal decisions made during sexual misconduct trials contributes greatly to our knowledge of regional identity and legal autonomy in colonial New England. Trials from all four jurisdictions were cataloged and analyzed, then placed in their larger social and economic contexts, thus allowing for both quantitative and qualitative study of the data. Many of the Essex County trials were driven by issues of paternity and child support. Unlike the other three jurisdictions, Essex County residents had the time and money necessary for prolonged court battles. Plymouth Colony, on the other hand, utilized sexual crime trials to reinforce their tenuous control over colonists with differing cultural and religious backgrounds. As a frontier colony, the Province of Maine used its trials to demonstrate that life in the "wilderness" did not preclude a lawful society. Rhode Island's trials indicate a growing emphasis on legal procedure, one linked to the colony's close ties with English law and the mercantile world at the turn of the eighteenth century. While colonial New England is usually considered as a homogeneous region, shaped by the dominant Puritan culture found in Massachusetts Bay and Connecticut, close analysis of these sexual crime trials reveals instead that the region's colonies were shaped by the divergent experiences of their own environments. Verdicts directly reflected the needs of the individual societies and court justices making them, rather than a region wide dominant culture.

In a comprehensive examination of rape and its prosecution in British America between 1700 and 1820, Sharon Block exposes the dynamics of sexual power on which colonial and early republican Anglo-American society was based. Block analyzes the legal, social, and cultural implications of more than nine hundred documented incidents of sexual coercion and hundreds more extralegal commentaries found in almanacs, newspapers, broadsides, and other print and manuscript sources. Highlighting the gap between reports of coerced sex and incidents that were publicly classified as rape, Block demonstrates that public definitions of rape were based less on what actually happened than on who was involved. She challenges conventional narratives that claim sexual relations between white women and black men became racially charged only in the late nineteenth century. Her analysis extends racial ties to rape back into the colonial period and beyond the boundaries of the southern slave-labor system. Early Americans' treatment of rape, Block argues, both enacted and helped to sustain the social, racial, gender, and political hierarchies of a New World and a new nation.

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.

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.