The Violent Crime and Law Enforcement Act of 1994

declared, that excessive fines ought not to be imposed, nor cruel and unusual
punishments inflicted: (which had a retrospect to some unprecedented proceedings in
the court of king's bench, in the reign of king James the second)....
Virginia adopted this provision of the English Bill of Rights in the Virginia Declaration of
Rights of 1776, and the Virginia convention that ratified the U.S. Constitution
recommended in 1788 that this language also be included in the Constitution.
Virginians such as George Mason and Patrick Henry wanted to ensure that this
restriction would also be applied as a limitation on Congress. Mason warned that,
otherwise, Congress may "inflict unusual and severe punishments." Henry emphasized
that Congress should not be allowed to depart from precedent:
What has distinguished our ancestors?--That they would not admit of tortures, or cruel
and barbarous punishment. But Congress may introduce the practice of the civil law, in
preference to that of the common law. They may introduce the practice of France,
Spain, and Germany....
Ultimately, Henry and Mason prevailed, and the Eighth Amendment was adopted.
James Madison changed "ought" to "shall", when he proposed the amendment to
Congress in 1789.
Excessive Bail
In England, sheriffs originally determined whether to grant bail to criminal suspects.
Since they tended to abuse their power, Parliament passed a statute in 1275 whereby
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