Difference between revisions of "Sodomy law: Pennsylvania, November 27, 1700"
(New page: {{GLA}} p. 122-3. The Pennsylvania assembly passed a new sodomy law to replace the statute abrogated in 1693.<ref> 1700, Nov. 27: Pennsylvania "sodomy" law; Mitchell and Flanders, vol. 2,...) |
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The Pennsylvania assembly passed a new sodomy law to replace the statute | The Pennsylvania assembly passed a new sodomy law to replace the statute | ||
| − | abrogated in 1693.<ref> 1700, Nov. 27: Pennsylvania "sodomy" | + | [[Sodomy law: Pennsylvania, June 1693|abrogated in 1693]].<ref> 1700, Nov. 27: Pennsylvania "sodomy" |
law; Mitchell and Flanders, vol. 2, pp. 8, 79; Barnes, Evolution, p. 36, says that though this law of 1700 was repealed by the English Crown it was reenacted on Jan. 12, 1706 (citing Mitchell and | law; Mitchell and Flanders, vol. 2, pp. 8, 79; Barnes, Evolution, p. 36, says that though this law of 1700 was repealed by the English Crown it was reenacted on Jan. 12, 1706 (citing Mitchell and | ||
| − | Flanders, vol. 2, pp. 171ff.).</ref> Under the new Pennsylvania statute (as in the earlier Pennsylvania law of 1682), sodomy, committed by whites, was still not capital. The new | + | Flanders, vol. 2, pp. 171ff.).</ref> Under the new Pennsylvania statute (as in the earlier [[Sodomy law: Pennsylvania, December 7, 1682|Pennsylvania law of 1682]]), sodomy, committed by whites, was still not capital. The new law called for life imprisonment for a first offense and, at the discretion of the |
| − | law called for life imprisonment for a first offense and, at the discretion of the | ||
magistrates, a Whipping once every three months during the first year. If the guilty | magistrates, a Whipping once every three months during the first year. If the guilty | ||
man was married the punishment was castration, and his wife was granted a | man was married the punishment was castration, and his wife was granted a | ||
divorce. If a woman was guilty of bestiality her husband was granted a divorce. | divorce. If a woman was guilty of bestiality her husband was granted a divorce. | ||
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A separate act, passed the same day, dealt with "negros." (The law of 1682 | A separate act, passed the same day, dealt with "negros." (The law of 1682 | ||
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and murder. Though the text is ambiguous, "buggery" here probably meant both | and murder. Though the text is ambiguous, "buggery" here probably meant both | ||
"sodomy" and "bestiality." | "sodomy" and "bestiality." | ||
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The Pennsylvania sodomy and bestiality provision read: | The Pennsylvania sodomy and bestiality provision read: | ||
<blockquote>... whoever shall be legally convicted of sodomy or bestiality, shall suffer | <blockquote>... whoever shall be legally convicted of sodomy or bestiality, shall suffer | ||
imprisonment during life, and be whipped at the discretion of the magistrates, once every three months during the first year after conviction. And if he be a married man, he shall also suffer castration, and the injured wife shall have a divorce if required. And if a married woman be legally convicted of bestiality her husband may have a divorce if requested.</blockquote> | imprisonment during life, and be whipped at the discretion of the magistrates, once every three months during the first year after conviction. And if he be a married man, he shall also suffer castration, and the injured wife shall have a divorce if required. And if a married woman be legally convicted of bestiality her husband may have a divorce if requested.</blockquote> | ||
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"An Act for the Trial of Negroes" read: | "An Act for the Trial of Negroes" read: | ||
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ravishment upon any white woman or maid, or shall commit murder, buggery or burglary, they shall be ... punished by death....</blockquote> | ravishment upon any white woman or maid, or shall commit murder, buggery or burglary, they shall be ... punished by death....</blockquote> | ||
| − | These laws were next revised in 1706 | + | |
| + | These laws were next [[Sodomy and buggery law: Pennsylvania, January 12, 1706|revised in 1706]]. | ||
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| + | <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 [[Cotton Mather: June, 1701|next article]] | ||
| + | </div> | ||
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== References == | == References == | ||
| + | {{GLA}} p. 122-3. | ||
<references/> | <references/> | ||
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[[Category:The Age of Sodomitical Sin]] | [[Category:The Age of Sodomitical Sin]] | ||
| − | + | [[Category:American Colonial Era (1607-1776)]] | |
| − | + | [[Category:1700-1709]] | |
| − | + | [[Category:18th century]] | |
| + | [[Category:Sodomy]] | ||
| + | [[Category:Sodomy Law]] | ||
| + | [[Category:Buggery]] | ||
| + | [[Category:Pennsylvania]] | ||
| + | [[Category:Blacks]] | ||
| + | [[Category:Whites]] | ||
Revision as of 12:07, 25 April 2008
The Pennsylvania assembly passed a new sodomy law to replace the statute abrogated in 1693.[1] Under the new Pennsylvania statute (as in the earlier Pennsylvania law of 1682), sodomy, committed by whites, was still not capital. The new law called for life imprisonment for a first offense and, at the discretion of the magistrates, a Whipping once every three months during the first year. If the guilty man was married the punishment was castration, and his wife was granted a divorce. If a woman was guilty of bestiality her husband was granted a divorce.
A separate act, passed the same day, dealt with "negros." (The law of 1682
had not distinguished between Blacks and whites.) The new act imposed the
death penalty on Blacks guilty of "buggery," burglary, the rape of a white woman,
and murder. Though the text is ambiguous, "buggery" here probably meant both
"sodomy" and "bestiality."
The Pennsylvania sodomy and bestiality provision read:
... whoever shall be legally convicted of sodomy or bestiality, shall suffer imprisonment during life, and be whipped at the discretion of the magistrates, once every three months during the first year after conviction. And if he be a married man, he shall also suffer castration, and the injured wife shall have a divorce if required. And if a married woman be legally convicted of bestiality her husband may have a divorce if requested.
"An Act for the Trial of Negroes" read:
if any negro or negroes within this government shall commit a rape or ravishment upon any white woman or maid, or shall commit murder, buggery or burglary, they shall be ... punished by death....
These laws were next revised in 1706.
Return to Age of Sodomitical Sin index • Go to next article
References
Jonathan Ned Katz, Gay/Lesbian Almanac (NY: Harper & Row, 1983) p. 122-3.
- ↑ 1700, Nov. 27: Pennsylvania "sodomy" law; Mitchell and Flanders, vol. 2, pp. 8, 79; Barnes, Evolution, p. 36, says that though this law of 1700 was repealed by the English Crown it was reenacted on Jan. 12, 1706 (citing Mitchell and Flanders, vol. 2, pp. 171ff.).
