In England during the Middle Ages male homosexuality was concurrently under the ecclesiastical and the common law courts (1 Hawk Pleas to the Crown, Chap. 4); Henry VIII took male homosexuality into the common law courts by statuto (25 Hon. VIII, Chap. 6, 1533-34). The Colony of Massachusetts Bay adopted the definitions in the King James Bible (Colonial Laws, Sec. 7-8, 1649), which were restated in the Province of Massachusetts Bay (Chap. 1, 1697) and again restated in the Commonwealth of Massachusetts (Chap. 46, Soc. 1, 1784).

Until 1718 male homosexuality in England was treated exactly in accordance with the law of Leviticus; in that year the rather obscure reasoning in Forbes Reports 91 (England) would seem to show the beginning of a line of cases to prevent taking advantage of children. The idea was borrowed from the law of rape in which it is held that the crime is commited when a girl is too young to consent.

The death penalty for male homosexuality was abolished in Massachusetts in 1804 (Chap. 133, 1804), and a stiff prison term was substituted. In England the death penalty for male homo sexuality was abolished in 1861 (24 & 25 Victoria, Chap. 100).

reason for punishing mal e treason to God (Russell

Judges have stated plainly the homosexuality to be that it is on Crimes, Vol. 1, P. 976, 7th English Ed.). In English law the old French maxim states that male homo sexuality "est crime de majeste vers le roy celestre," which means treason to God (Peloubet's Legal Maxims citing 3 Inst. 58).

As Lesbianism was not recognized in the Old Testament, it was not generally punishable by Christian courts, but of course there were exceptions. In France during the late Middle Ages two Lesbians were burned at the stake, presumably because of Saint Paul's reasoning by analogy (Romans 1:26).

It was not until the statute of 1861 (ubi supra) that female homosexuality was recognized as a crime and became punishable in England, although the statute applies

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