Thomas Hooker & First Puritan settlers of Hartford, Connecticut 1636 from 19C Woodcut
Laws Concerning Women in 17C Connecticut
The legal status & rights of women in the Connecticut Colony during the 17th century were shaped by a combination of English common law, Puritan religious beliefs, & the specific needs of a developing colonial society. Women’s rights regarding land ownership, business, & behavior were significantly constrained, reflecting broader societal norms that prioritized male authority & control. However, Connecticut’s laws also provided certain protections % outlined specific roles for women, particularly within the family structure.
Women & Land Ownership
In 17th-century Connecticut, the ability of women to own land was severely restricted. Under English common law, which heavily influenced Connecticut’s legal system, married women (known as femes covert) were largely unable to own property independently of their husbands. When a woman married, her legal identity was subsumed under that of her husband, meaning that all property she brought into the marriage became her husband’s. This principle was reflected in Connecticut’s legal practices, where land & property ownership were typically reserved for men.
However, widows (femes sole) had more autonomy. They could inherit & manage property, but even this right was limited by customary practices. Widows were often entitled to only a third of their deceased husband’s estate, known as a “dower,” with the remainder passing to the male heirs. This legal structure ensured that land remained within male-dominated family lines, maintaining patriarchal control over property & wealth.
Women & Business Ownership
Business ownership for women in Connecticut was similarly constrained. Women’s involvement in business was typically tied to their marital status. Married women were generally not allowed to engage in business independently, as their economic activities were legally considered part of their husband’s domain. However, widows & single women (particularly those without male guardians) could & did engage in trade & business, often running inns, shops, or other small enterprises. These activities, though limited in scope, provided some economic agency to women who were not under the direct control of a husband or father.
Laws Concerning Women’s Behavior
The Puritanical foundation of Connecticut’s society meant that laws governing morality & behavior were particularly stringent, especially for women. Adultery was considered a grave sin & a crime punishable by severe penalties. In Connecticut, the 1642 Code of Laws explicitly stated that adultery was a capital offense, reflecting the colony’s commitment to maintaining strict moral order. Women accused of adultery faced not only legal repercussions but also social ostracism & public humiliation. The law also targeted other behaviors deemed immoral or improper, such as fornication, which was also punishable by fines, whipping, or forced public confessions.
Women’s behavior in general was closely monitored, with laws emphasizing obedience to husbands, modesty, & religious piety. The Puritan belief system viewed women as naturally weaker & more susceptible to sin than men, necessitating legal & social controls to maintain their virtue. These laws & societal expectations were designed to reinforce the patriarchal structure of the family & community, ensuring that women’s roles remained confined to the domestic sphere & under male authority.
In 17th-century Connecticut, the legal framework surrounding women’s rights & behavior was firmly rooted in the patriarchal & religious values of the time. Women’s legal rights concerning land & business ownership were limited, primarily dependent on their marital status, with single & widowed women enjoying slightly more autonomy. Strict moral codes governed women’s behavior, with harsh penalties for transgressions such as adultery, reflecting the colony’s commitment to maintaining a disciplined & pious society. These laws provide insight into the broader cultural & social dynamics of early Connecticut, where the control of women’s property & behavior was central to upholding the colonial order.
The inequalities between men & women in 17th-century Connecticut are indeed revealing of the broader social & cultural dynamics of the time. Below are more precise examples & details about the laws & societal norms concerning women’s behavior, especially focusing on what was considered improper or immoral, & how these laws also applied to men.
Laws Governing Women’s Behavior
Adultery Law
Law: In Connecticut, adultery was a capital offense according to the "Code of Laws" adopted in 1642. The law stated, "If any man be found to have committed adultery with a married or espoused wife, both of them shall be put to death." This law applied equally to men & women, reflecting the Puritan emphasis on maintaining marital fidelity & social order. However, in practice, women often faced harsher social consequences than men.
Case Example: In 1662, Mary Johnson was convicted of "unclean practices" (interpreted as adultery & fornication). She was publicly whipped & humiliated, while the men involved often received lighter sentences or were not pursued as aggressively.
Fornication Law
Law: Unmarried women who engaged in premarital sexual relations (fornication) were subject to punishment, which could include fines, whipping, or public humiliation. Men involved in such cases were also punished, but women, especially if they became pregnant, faced more severe social stigma.
Case Example: In 1650, Sarah Whelpley was fined & whipped for fornication after becoming pregnant outside of marriage. The father of her child, John Kirby, was also fined, but the community’s focus was largely on Sarah’s behavior, which was seen as a greater moral failing.
Witchcraft Law:
The Connecticut "Code of Laws" of 1642 also made witchcraft a capital crime, reflecting the widespread fear of women who were perceived as threats to the Puritan social order. Women were disproportionately accused of witchcraft compared to men, often due to their nonconformity, poverty, or outspoken nature.
Case Example: Mary Sanford, one of the "Hartford Witches," was executed in 1662 for witchcraft. Her case, like many others, involved accusations based on her behavior & reputation, with little concrete evidence. Men were also accused of witchcraft, but women were more frequently targeted & convicted.
Gossip & Slander Law:
Women were often prosecuted for slander or "scandalous speech," particularly if their words were seen as undermining male authority. This law targeted women who spoke out against male leaders or engaged in gossip, which was viewed as disruptive to social harmony.
Case Example: In 1644, Dorothy Talbye was executed in Massachusetts (neighboring Connecticut) for the murder of her child, which was partially motivated by her perceived "scandalous speech" & "disobedience" to her husband. Though not a direct Connecticut case, it illustrates the broader New England context where women’s speech was heavily policed.
Public Behavior & Dress Law:
Connecticut’s laws also prescribed modest dress & behavior for women, reflecting the Puritan concern with outward displays of piety. Women who dressed immodestly or acted in ways deemed inappropriate for their gender were subject to fines or other punishments.
Cultural Norms:
Women were expected to be modest, obedient, & silent in public affairs. Deviations from these norms could lead to social ostracism or legal action. For example, women who questioned male authority, whether in the household or community, could be charged with insubordination.
Inequalities Between the Sexes
While some laws technically applied to both men & women, the enforcement & social consequences often differed significantly. Women’s behavior was more closely monitored, & their punishments were often harsher, particularly in cases involving sexuality or speech. This disparity reflected the broader belief in women’s inherent moral & spiritual weakness, which justified their subjugation under male authority.
For instance, adultery laws targeted both men & women, but women bore the brunt of the social stigma. A man caught in an adulterous affair might face legal consequences, but he could often rehabilitate his reputation more easily than a woman. Similarly, in cases of fornication, women were more likely to suffer public punishment & lifelong shame, particularly if pregnancy was involved.
The unequal treatment of women in the legal system also extended to property rights. While widows had some ability to manage property, married women were legally dependent on their husbands. This dependency was a reflection of the broader societal view that women were less capable of independent action & needed male guardianship.
The laws & societal norms in 17th-century Connecticut clearly illustrate the deep-seated inequalities between men & women. While some laws applied equally to both sexes, the reality was that women faced greater scrutiny & harsher punishments for moral & social transgressions. These legal practices were rooted in a cultural belief in women’s inherent inferiority & the need to control their behavior to maintain social order. These laws promote a deeper understanding of the gender dynamics that shaped early colonial society & the long-lasting impact of these inequalities on women’s lives.
Bibliography
Books
Baker, Robert H. Colonial Connecticut: A History. Charles Scribner’s Sons, 1975.
Brown, Kathleen M. Good Wives, Nasty Wenches, and Anxious Patriarchs: Gender, Race, and Power in Colonial Virginia. University of North Carolina Press, 2008.
Dayton, Cornelia Hughes. Women before the Bar: Gender, Law, and Society in Connecticut, 1639-1789. University of North Carolina Press, 1995.
Dayton, Cornelia Hughes, and Sharon V. Salinger. Robert Love’s Warnings: Searching for Strangers in Colonial Boston. University of Pennsylvania Press, 2014.
Demos, John. Entertaining Satan: Witchcraft and the Culture of Early New England. Oxford University Press, 1982.
Gildrie, Richard P. The Profane, the Civil, and the Godly: The Reformation of Manners in Orthodox New England, 1679-1749. Penn State University Press, 1994.
Godbeer, Richard. Sexual Revolution in Early America. Johns Hopkins University Press, 2002.
Haskins, Catherine, ed. Women and the Law in Early America: The Impact of Gender on Colonial Legal Culture. Routledge, 2016.
Kamensky, Jane. The Colonial Mosaic: Gender and Society in Early America. Harvard University Press, 2017.
Klepp, Susan E. Revolutionary Conceptions: Women, Fertility, and Family Limitation in America, 1760-1820. University of North Carolina Press, 2009.
Morgan, Edmund S. The Puritan Family: Religion and Domestic Relations in Seventeenth-Century New England. Harper & Row, 1944.
Norton, Mary Beth. In the Devil’s Snare: The Salem Witchcraft Crisis of 1692. Vintage Books, 2003.
Plane, Ann Marie. Colonial Intimacies: Indian Marriage in Early New England. Cornell University Press, 2018.
Reis, Elizabeth. Damned Women: Sinners and Witches in Puritan New England. Cornell University Press, 1997.
Richards, Jennifer. Rethinking Puritan Gender: Law, Religion, and Ideology in Early New England. Routledge, 2020.
Seidman, Rachel Hope. The Women’s Fight: The Civil Rights Movement in Colonial America. Cambridge University Press, 2021.
Ulrich, Laurel Thatcher. Good Wives: Image and Reality in the Lives of Women in Northern New England, 1650-1750. Alfred A. Knopf, 1982.
Wiesner-Hanks, Merry E. Women and Gender in Early Modern Europe. Cambridge University Press, 2008.
Articles
Bremer, Francis J. "Puritan Law and the Enforcement of Moral Behavior in Early New England." New England Quarterly, 1985. Bremer discusses the strict moral codes enforced in Puritan communities, emphasizing laws governing women’s behavior in areas like adultery, fornication, and modesty.
Dayton, Cornelia Hughes. "Taking the Trade: Abortion and Gender Relations in an Eighteenth-Century New England Village." William and Mary Quarterly, 1991. This article examines gendered legal standards, highlighting how moral and legal judgments around women’s sexuality and reproductive rights reinforced patriarchal authority.
Foster, Thomas. "Deficient Husbands: Manhood, Sexuality, and Domestic Relations in Seventeenth-Century New England." William and Mary Quarterly, 2002. Foster investigates legal standards applied to men and women in cases of sexual misconduct, noting the social stigma women faced versus more lenient attitudes toward male transgressions.
Godbeer, Richard. "Public Indecency and Private Misbehavior: Puritanism and Adultery in Early New England." American Journal of Legal History, 1990. Godbeer analyzes adultery laws in Connecticut and surrounding colonies, exploring how men and women experienced unequal legal and social consequences.
Hall, David D. "The Antinomian Controversy and the Construction of Puritan Women’s Roles." Journal of American History, 1971. Hall examines how the Antinomian Controversy reflected Puritan beliefs about gender roles, authority, and moral order, which were enforced by laws targeting women’s speech and dissent.
Karlsen, Carol F. "The Devil in the Shape of a Woman: Witchcraft and Women’s Power in Colonial New England." Journal of Social History, 1987. Karlsen discusses the social dynamics of witchcraft accusations, illustrating how women’s perceived independence or dissent often resulted in accusations of witchcraft.
Norton, Mary Beth. "Gender and Defamation in Seventeenth-Century New England: The Case of Ann Hibbens." New England Quarterly, 1980. Norton details a case of slander and defamation, shedding light on how colonial courts managed women’s public speech and gossip, especially when it challenged male authority.
Pestana, Carla Gardina. "The Law and Women’s Work in Early New England." American Journal of Legal History, 1989. Pestana’s article focuses on the intersection of gender and law, highlighting women’s legal limitations in business and property and examining the unique cases where widows gained economic agency.
Reis, Elizabeth. "Puritan Daughters and 'the Discipline of the Church': Social Control and Female Identity in Seventeenth-Century New England." William and Mary Quarterly, 1990. Reis explores how Puritan religious beliefs influenced laws that governed women’s behavior, with a focus on how social and legal controls reinforced women’s submissive roles.
Ulrich, Laurel Thatcher. "Vertuous Women Found: New England Ministerial Literature, 1668-1735." American Quarterly, 1976. Ulrich examines ministerial literature that idealized women’s piety and submission, shaping legal practices and societal expectations about women’s roles in family and public life.
Woodward, William W. "Slander, Scandal, and Reputation in Early Connecticut." New England Law Review, 1994. Woodward explores cases of slander and scandal in colonial Connecticut, focusing on the legal repercussions women faced for speech that was considered slanderous or disruptive to social norms.
Zanger, Jules. "Morality and Law in Puritan New England: The Case of Mary Johnson." Historical Journal of Massachusetts, 1985. Zanger recounts Mary Johnson’s case, illustrating how Puritan law responded to women’s perceived immoral acts, and discusses the intersection of legal, religious, and social punishments.
