Difference between revisions of "Sodomy law: New Haven, March 1, 1656"
(New page: {{GLA}} p.101-2 The New Haven law of 1656 was based largely on a code drawn up by John Cotton but not earlier enacted (see 1636) LINK.<ref>1656, March 1: New Haven "sodomy" law; New Haven...) |
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| − | + | =="if any woman change the natural use" she will be put to death== | |
| − | The New Haven law of 1656 was based largely on a code drawn up by John Cotton but not earlier enacted (see 1636) | + | |
| − | + | The New Haven law of 1656 was based largely on a code drawn up by John Cotton but not earlier enacted ([[Sodomy law proposed: Massachusetts Bay, October 1636|see 1636]]).<ref>{{GLA}}, p.101-2, citing ''New Haven's Settling in New England and Some Lawes for Government'' (London: printed by M. S. for Livewell Chapman, 1656), in J. Hammond Trumbull, ed., ''The True-Blue Laws of Connecticut and New Haven . . .'' (Hartford: American Publishing Co.. 1876), pp. 198-201. In {GAH}, p. ?, this law was apparently mistakenly listed as passed in 1655, with the source cited as J. Hammond Trumbull, ''The True-Blue Laws of Connecticut and New-Haven'' (Hartford: American Pub. Co., 1879), p. 201. See the Discuss section of the present document.</ref> | |
| − | 1656), in J. Hammond Trumbull, ed., The True-Blue Laws of Connecticut and New Haven . . . (Hartford: American Publishing | + | |
| − | Co.. 1876), pp. 198-201.</ref>The New Haven "sodomy" statute is unique | + | |
| − | among American colonial legislation in extending the death penalty to acts of | + | The New Haven "sodomy" statute is unique among American colonial legislation in extending the death penalty to acts of women "against nature," male-female anal intercourse, and, in certain circumstances, |
| − | women "against nature," male-female anal intercourse, and, in certain circumstances, | ||
masturbation. | masturbation. | ||
| + | |||
| + | |||
| + | '''Capital Crimes''' | ||
This New Haven law listed fourteen capital offenses in the following order: | This New Haven law listed fourteen capital offenses in the following order: | ||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | The sodomy provision prohibited, but did not specifically define, what was | + | (1) idolatry, (2) witchcraft, (3) blasphemy, (4) willfull (premeditated) murder, (5) murder in a state of sudden anger, (6) murder "with guile," (7) bestiality (men or women), (8) men lying with men as with women (and under the same provision), acts of women "against nature," and some kinds of masturbation, (9) adultery, (10) man-stealing, (I I) false witness (perjury) for the purpose of taking a man's life, (12) invasion, insurrection, or public rebellion (treason), (13) children over sixteen smiting or cursing their parents, and (14) rebellious sons over sixteen. |
| − | meant by women changing the "natural use into that which is against nature." | + | |
| − | Anal intercourse of males and females was separately and explicitly prohibited. | + | |
| − | Public masturbation and incitement to masturbation were explicitly prohibited; | + | '''Sodomy''' |
| − | solitary masturbation seems to have been prohibited in the injunctions against a | + | |
| − | man defiling or corrupting himself. The explicit stress on public masturbation | + | The sodomy provision prohibited, but did not specifically define, what was meant by women changing the "natural use into that which is against nature." Anal intercourse of males and females was separately and explicitly prohibited. |
| − | and masturbatory incitement seems indicative of the Puritans' concern about | + | |
| − | social corruption, and individual corruption as it effected the polity. The law's | + | |
| − | reference to masturbation in the presence of others as a kind of "sodomy" was | + | '''Masturbation''' |
| − | an early expression of a link between self-stimulation and illicit same-sex relations | + | |
| + | Public masturbation and incitement to masturbation were explicitly prohibited; solitary masturbation seems to have been prohibited in the injunctions against a man defiling or corrupting himself. The explicit stress on public masturbation and masturbatory incitement seems indicative of the Puritans' concern about social corruption, and individual corruption as it effected the polity. The law's reference to masturbation in the presence of others as a kind of "sodomy" was an early expression of a link between self-stimulation and illicit same-sex relations | ||
which became more common in the 1800s. | which became more common in the 1800s. | ||
| − | Although this statute text is rather lengthy, and its language difficult, it does | + | |
| − | well convey a sense of the early Puritans' response to sex. The New Haven statute | + | '''The Statute''' |
| − | of 1656 read: | + | |
| + | Although this statute text is rather lengthy, and its language difficult, it does well convey a sense of the early Puritans' response to sex. The New Haven statute of 1656 read: | ||
| + | |||
<blockquote>If any man lyeth with mankind, as a man lyeth with a woman, both of them | <blockquote>If any man lyeth with mankind, as a man lyeth with a woman, both of them | ||
| − | have committed abomination, they both shall surely be put to death. Lev. | + | have committed abomination, they both shall surely be put to death. Lev. 20:13. And if any woman change the natural use, into that which is against nature, as Rom. I :26 she shall be liable to the same sentence, and punishment....</blockquote> |
| − | 20:13. And if any woman change the natural use, into that which is against | + | |
| − | nature, as Rom. I :26 she shall be liable to the same sentence, and punishment....</blockquote> | + | |
| + | The act also prohibited | ||
| + | |||
| + | <blockquote>any other kind of unnatural and shamefull filthiness, called in Scripture the going after strange flesh, or other flesh than God alloweth.... </blockquote> | ||
| + | |||
| − | + | Specifically prohibited was | |
| − | |||
| − | |||
| − | + | <blockquote>carnal knowledge of another vessel than God in nature hath appointed to | |
| − | carnal knowledge of another vessel than God in nature hath appointed to | ||
become one flesh....</blockquote> | become one flesh....</blockquote> | ||
| − | This was further specified as "abusing the contrary part of a grown woman, or | + | |
| − | child of either sex." It also included carnal knowledge of the "unripe vessel of | + | This was further specified as "abusing the contrary part of a grown woman, or child of either sex." It also included carnal knowledge of the "unripe vessel of a girl," an act which involved leaving |
| − | a girl," an act which involved leaving | + | |
<blockquote>the natural use of the woman ... which God hath ordained for the propagation of posterity.... </blockquote> | <blockquote>the natural use of the woman ... which God hath ordained for the propagation of posterity.... </blockquote> | ||
| + | |||
When nature was so "forced, though the will were enticed,” | When nature was so "forced, though the will were enticed,” | ||
| + | |||
<blockquote>Sodomitical filthiness (tending to the destruction of the race of mankind) is | <blockquote>Sodomitical filthiness (tending to the destruction of the race of mankind) is | ||
committed by a kind of rape, [and] every such person shall be put to death. </blockquote> | committed by a kind of rape, [and] every such person shall be put to death. </blockquote> | ||
| + | |||
The law also prohibited "any man" to | The law also prohibited "any man" to | ||
| + | |||
<blockquote>act upon himself, and in the sight of others spill his own seed, by example, | <blockquote>act upon himself, and in the sight of others spill his own seed, by example, | ||
or counsel, or both, corrupting or tempting others to do the like, which | or counsel, or both, corrupting or tempting others to do the like, which | ||
tends to the sin of Sodomy, if it be not one kind of it…</blockquote> | tends to the sin of Sodomy, if it be not one kind of it…</blockquote> | ||
| + | |||
Or, added the law, if a man | Or, added the law, if a man | ||
| + | |||
<blockquote>shall defile, or corrupt himself and others, by any other kind of sinful | <blockquote>shall defile, or corrupt himself and others, by any other kind of sinful | ||
filthiness; he shall be punished according to the nature of the offense. </blockquote> | filthiness; he shall be punished according to the nature of the offense. </blockquote> | ||
| + | |||
Finally, if in any of the above cases, a man's acts, | Finally, if in any of the above cases, a man's acts, | ||
| + | |||
<blockquote>considered with the aggravating circumstances, shall according to the mind | <blockquote>considered with the aggravating circumstances, shall according to the mind | ||
of God revealed in his word require it, he shall be put to death, as the court of magistrates shall determine.... </blockquote> | of God revealed in his word require it, he shall be put to death, as the court of magistrates shall determine.... </blockquote> | ||
| + | |||
The statute also provided that if, in any of the above cases | The statute also provided that if, in any of the above cases | ||
| − | <blockquote>one of the parties were forced, and so abused against his or her will, the | + | |
| − | innocent person (crying out, or in due season complaining) shall not be | + | <blockquote>one of the parties were forced, and so abused against his or her will, the innocent person (crying out, or in due season complaining) shall not be punished.... </blockquote> |
| − | punished.... </blockquote> | + | |
Or, said the law, | Or, said the law, | ||
| − | |||
| − | |||
| − | This law remained in force ten years, until January 1665, when Connecticut | + | <blockquote>if any of the offending parties were under fourteen year[s] old, when the sin was committed, such person shall be severely corrected, as the court of magistrates considering the age, and other circumstances shall judge meet. </blockquote> |
| − | annexed the colony; then New Haven presumably came under the Connecticut | + | |
| − | law of May 1650 | + | |
| + | This law remained in force ten years, until January 1665, when Connecticut annexed the colony; then New Haven presumably came under the [[Sodomy law: Connecticut, May, 1650|Connecticut law of May 1650]]. | ||
| + | |||
| − | + | <div style="text-align: right; direction: ltr; margin-left: 1em;"> | |
| + | Return to [[Colonial America: The Age of Sodomitical Sin|Age of Sodomitical Sin]] index • Go to [[Legal case: Hillebrant; New Netherland, August 26, 1658|next article]] | ||
| + | </div> | ||
== References == | == References == | ||
| Line 91: | Line 101: | ||
[[Category:The Age of Sodomitical Sin]] | [[Category:The Age of Sodomitical Sin]] | ||
| + | [[Category:Colonizing and Settling, 1585-1763]] | ||
| + | [[Category:Connecticut - New Haven]] | ||
| + | [[Category:Cotton, John (1585-1652)]] | ||
| + | [[Category:Law]] | ||
| + | [[Category:New Haven Colony]] | ||
| + | [[Category:Sodomy]] | ||
| + | [[Category:1650-1659]] | ||
| + | [[Category:17th century]] | ||
Latest revision as of 16:03, 12 April 2012
"if any woman change the natural use" she will be put to death
The New Haven law of 1656 was based largely on a code drawn up by John Cotton but not earlier enacted (see 1636).[1]
The New Haven "sodomy" statute is unique among American colonial legislation in extending the death penalty to acts of women "against nature," male-female anal intercourse, and, in certain circumstances,
masturbation.
Capital Crimes
This New Haven law listed fourteen capital offenses in the following order:
(1) idolatry, (2) witchcraft, (3) blasphemy, (4) willfull (premeditated) murder, (5) murder in a state of sudden anger, (6) murder "with guile," (7) bestiality (men or women), (8) men lying with men as with women (and under the same provision), acts of women "against nature," and some kinds of masturbation, (9) adultery, (10) man-stealing, (I I) false witness (perjury) for the purpose of taking a man's life, (12) invasion, insurrection, or public rebellion (treason), (13) children over sixteen smiting or cursing their parents, and (14) rebellious sons over sixteen.
Sodomy
The sodomy provision prohibited, but did not specifically define, what was meant by women changing the "natural use into that which is against nature." Anal intercourse of males and females was separately and explicitly prohibited.
Masturbation
Public masturbation and incitement to masturbation were explicitly prohibited; solitary masturbation seems to have been prohibited in the injunctions against a man defiling or corrupting himself. The explicit stress on public masturbation and masturbatory incitement seems indicative of the Puritans' concern about social corruption, and individual corruption as it effected the polity. The law's reference to masturbation in the presence of others as a kind of "sodomy" was an early expression of a link between self-stimulation and illicit same-sex relations which became more common in the 1800s.
The Statute
Although this statute text is rather lengthy, and its language difficult, it does well convey a sense of the early Puritans' response to sex. The New Haven statute of 1656 read:
If any man lyeth with mankind, as a man lyeth with a woman, both of them have committed abomination, they both shall surely be put to death. Lev. 20:13. And if any woman change the natural use, into that which is against nature, as Rom. I :26 she shall be liable to the same sentence, and punishment....
The act also prohibited
any other kind of unnatural and shamefull filthiness, called in Scripture the going after strange flesh, or other flesh than God alloweth....
Specifically prohibited was
carnal knowledge of another vessel than God in nature hath appointed to become one flesh....
This was further specified as "abusing the contrary part of a grown woman, or child of either sex." It also included carnal knowledge of the "unripe vessel of a girl," an act which involved leaving
the natural use of the woman ... which God hath ordained for the propagation of posterity....
When nature was so "forced, though the will were enticed,”
Sodomitical filthiness (tending to the destruction of the race of mankind) is committed by a kind of rape, [and] every such person shall be put to death.
The law also prohibited "any man" to
act upon himself, and in the sight of others spill his own seed, by example,
or counsel, or both, corrupting or tempting others to do the like, which
tends to the sin of Sodomy, if it be not one kind of it…
Or, added the law, if a man
shall defile, or corrupt himself and others, by any other kind of sinful filthiness; he shall be punished according to the nature of the offense.
Finally, if in any of the above cases, a man's acts,
considered with the aggravating circumstances, shall according to the mind of God revealed in his word require it, he shall be put to death, as the court of magistrates shall determine....
The statute also provided that if, in any of the above cases
one of the parties were forced, and so abused against his or her will, the innocent person (crying out, or in due season complaining) shall not be punished....
Or, said the law,
if any of the offending parties were under fourteen year[s] old, when the sin was committed, such person shall be severely corrected, as the court of magistrates considering the age, and other circumstances shall judge meet.
This law remained in force ten years, until January 1665, when Connecticut annexed the colony; then New Haven presumably came under the Connecticut law of May 1650.
Return to Age of Sodomitical Sin index • Go to next article
References
- ↑ Jonathan Ned Katz, Gay/Lesbian Almanac (NY: Harper & Row, 1983), p.101-2, citing New Haven's Settling in New England and Some Lawes for Government (London: printed by M. S. for Livewell Chapman, 1656), in J. Hammond Trumbull, ed., The True-Blue Laws of Connecticut and New Haven . . . (Hartford: American Publishing Co.. 1876), pp. 198-201. In {GAH}, p. ?, this law was apparently mistakenly listed as passed in 1655, with the source cited as J. Hammond Trumbull, The True-Blue Laws of Connecticut and New-Haven (Hartford: American Pub. Co., 1879), p. 201. See the Discuss section of the present document.
