During the period of the English-American colonies, the system of justice was patriarchal, where magistrates and religious leaders, sometimes sharing the same role, were responsible for making and enforcing laws. The burden of complying with these laws fell on the lower classes such as tradespeople, soldiers, farmers, servants, slaves, and youth.
The burden may be heavy.
Lawrence M. Friedman's History of American Law reveals that the earliest criminal codes reflected the difficult and uncertain life of pioneer communities. The "Articles, Lawes and Orders Diuine, Politique, and Martiall for the Colony in Virginia" imposed on Jamestown by the Virginia Company of London in 1611 is an excellent example. In 1624, the colonists described them as "Tyrannycall Lawes written in blood" in a letter to the crown, which was somewhat fair.
According to reports, numerous indivi
...duals perished unfairly and unjustly from starvation, hanging, burning, being broken on the wheel, and shooting. Even those who were severely malnourished and sought assistance from the Indians met a tragic end when they returned and were burned alive. Theft of food to appease hunger resulted in hanging for some, while others were chained to trees until they ultimately starved to death. Any attempts made by individuals to flee via boat in an effort to protect their homeland resulted in severe punishment such as being shot, hanged or broken on the wheel. Furthermore, people endured continuous beatings and extreme punishments while serving as slaves for several years with chains around their ankles for minor offenses.
In Alice Earle's 1896 book, "Curious Punishments of Bygone Days," readers learn about the use of bilboes on the legs of lawbreakers. Additionally, a punishment known
as the "gossip's bridle" was used to silence offenders. In Virginia, it was mandatory for ministers to read the "Articles, Lawes and Orders" to their congregations every Sunday. These articles reminded parishioners of their obligation to attend church twice and other important rules.
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