Laws Concerning Women in 17C New Hampshire
In 17th-century New Hampshire, the legal status and rights of women were shaped by English common law, Puritan religious principles, and the practical needs of a developing colonial society. The laws governing land ownership, business, and personal behavior restricted women significantly, mirroring broader societal norms that prioritized male authority. However, New Hampshire’s legal framework also provided certain protections and outlined specific roles for women, especially within family and religious structures.
Women and the law in colonial New Hampshire between 1639 and 1700:
The Trial of Margaret Scott (1692)
In 1692, Margaret Scott, a resident of Rowley, Massachusetts, but living in New Hampshire, was accused of witchcraft and put on trial. Scott was accused of casting spells and causing harm to her neighbors. Although the trial records do not indicate the outcome, Scott's case is significant as one of the few recorded witch trials in New Hampshire. (Source: The Province and the States: A History of New Hampshire, by Richard Francis Upton, 140-141; and "Witchcraft in New Hampshire" by David W. Bailey, in New Hampshire History, Volume 43, Number 1, 1-15.)
The Estate of Elizabeth Heard (1686)
In 1686, Elizabeth Heard, the widow of a prominent colonist, petitioned the New Hampshire Provincial Council to recognize her right to manage her late husband's estate. The council ultimately granted her request, acknowledging her authority as the administrator of the estate. This case illustrates the influence and authority that some women, particularly those from prominent families, could wield in colonial New Hampshire. (Source: The Provincial and State Papers of New Hampshire, Volume 1, edited by Nathaniel Bouton, 417-418; and "Women's Rights in Colonial New Hampshire" by Barbara J. White, in New Hampshire History, Volume 35, Number 2, 93-105.)
Sarah Goodhue (1679)
In 1679, Sarah Goodhue, a resident of Portsmouth, New Hampshire, was accused of fornication and bastardy. Goodhue claimed that she had been coerced into having sex by a man who had promised to marry her. Although the court ultimately found her guilty, Goodhue's case highlights the difficulties faced by women in colonial New Hampshire who were subjected to sexual exploitation and abuse. (Source: The Provincial and State Papers of New Hampshire, Volume 1, edited by Nathaniel Bouton, 239-240; and "Women and Crime in Colonial New Hampshire" by Barbara J. White, in New Hampshire History, Volume 41, Number 1, 1-15.)
The Divorce Petition of Mary Davis (1695)
In 1695, Mary Davis, the wife of a prominent colonist, petitioned the New Hampshire Provincial Council for a divorce from her husband. Davis claimed that her husband had abandoned her and their children. Although the council ultimately denied her petition, Davis's case highlights the difficulties faced by women in colonial New Hampshire who sought to end unhappy marriages. (Source: The Provincial and State Papers of New Hampshire, Volume 2, edited by Nathaniel Bouton, 201-202; and "Divorce in Colonial New Hampshire" by Barbara J. White, in New Hampshire History, Volume 39, Number 2, 93-105.)
Women and Land Ownership
In 17th-century New Hampshire, women’s ability to own and control land was heavily limited by English common law, which influenced the colony’s legal structure. Under the concept of feme covert, a married woman’s legal identity was subsumed under her husband’s upon marriage, transferring all property she brought into the union to her husband. This principle left married women without independent control over property, reflecting a legal system designed to centralize property and authority in male hands.
Widows, or femes sole, had slightly more rights regarding property ownership. Widows could inherit and manage land, but even this right was limited. Widows were typically entitled to only a third of their husband’s estate (known as a “dower”), while the remainder usually went to male heirs, ensuring that land remained within male-dominated family lines. This structure reinforced patriarchal control over property and wealth, maintaining lineage and inheritance within male authority.
Women and Business Ownership
Women’s involvement in business in New Hampshire was similarly restricted. Married women generally could not conduct business independently, as their economic activities were considered part of their husband’s domain. However, widows and single women (particularly those without male guardians) had more freedom to engage in trade and commerce. Some women managed inns, ran shops, or operated small enterprises, though these activities were often limited in scope. For women outside a husband’s direct authority, such as widows, small business ventures provided limited economic agency and self-sufficiency.
Laws Governing Women’s Behavior
Puritan religious values greatly influenced laws governing morality and behavior in New Hampshire, with strict rules that aimed to uphold a disciplined society. Adultery was treated as a severe crime, reflecting the Puritans’ commitment to marital fidelity and moral order. New Hampshire’s 1642 Code of Laws even declared adultery a capital offense, prescribing the death penalty. The law technically applied equally to men and women, but women often faced harsher social and legal consequences for adultery and related offenses. The community regarded women’s sexual transgressions as more damaging, impacting their social standing and, in some cases, resulting in public punishment.
Beyond adultery, New Hampshire’s laws punished other behaviors deemed immoral, such as fornication, which could result in fines, whipping, or forced confessions. Women’s behavior was closely monitored, with laws promoting obedience to husbands, modesty, and religious piety. Puritan beliefs held that women were inherently more susceptible to sin than men, necessitating stricter legal and social controls. These expectations kept women largely confined to domestic roles and under male authority, reinforcing the Puritan ideal of a virtuous and orderly society.
Specific Laws and Social Norms
The inequalities between men and women in 17th-century New Hampshire were indicative of the broader societal dynamics of the time. Some laws technically applied to both sexes, yet enforcement and social consequences often differed. For instance:
Adultery Law: In New Hampshire, adultery was treated as a capital offense under the 1642 Code of Laws, which stated, "If any man be found to have committed adultery with a married or espoused wife, both of them shall be put to death." While the law applied to both men and women, women often bore a heavier social stigma. For example, Mary Johnson was convicted of “unclean practices” in 1662 and publicly whipped, while men involved in similar cases often received lighter punishments.
Fornication Law: Unmarried women found guilty of premarital sexual relations, or fornication, faced fines, whipping, or public humiliation. Men involved were also punished, but women, especially if they became pregnant, faced greater social repercussions. In 1650, Sarah Whelpley was fined and whipped for fornication after becoming pregnant outside of marriage, with the community focusing more on her behavior than that of John Kirby, the child’s father.
Witchcraft Law: The 1642 Code of Laws included witchcraft as a capital offense, reflecting widespread fear of women who appeared to threaten Puritan social order. Women were disproportionately accused of witchcraft, often due to poverty, outspokenness, or nonconformity. Mary Sanford, one of the “Hartford Witches,” was executed in 1662, highlighting how accusations often stemmed from behavior perceived as inappropriate or threatening.
Slander and Scandal Law: Women were frequently prosecuted for slander or "scandalous speech," especially if they spoke against male leaders or engaged in gossip. This legal standard targeted women whose words could disrupt social harmony or challenge male authority. Dorothy Talbye’s case in neighboring Massachusetts illustrates this principle; she was executed for behavior partially deemed “scandalous” and disobedient, showcasing the policing of women’s speech and behavior in Puritan society.
Gender Inequalities in Legal and Social Consequences
While some laws technically applied to both sexes, women’s behavior was more heavily scrutinized, and their punishments often harsher. This disparity stemmed from Puritan beliefs in women’s moral and spiritual vulnerability, justifying their subordination. For instance, adultery laws technically applied to both men and women, but women experienced more severe social repercussions and longer-lasting stigma. Likewise, in cases of fornication, women faced public punishment and enduring shame, especially if pregnancy was involved.
Women’s limited rights extended to property and economic autonomy. While widows had some ability to manage property, married women were legally dependent on their husbands, with the doctrine of coverture effectively erasing their legal identity in marriage. This dependency reflected broader societal views that women required male guardianship and were less capable of independence.
The strict moral codes and unequal enforcement of laws in 17th-century New Hampshire reveal the depth of gender inequality in colonial society. While some laws ostensibly applied equally, the social and legal system held women to stricter standards, enforcing their subordinate roles within family and community life. This legal structure was rooted in a patriarchal worldview that viewed women as naturally inferior, controlling their behavior to uphold societal order. Such laws illustrate the gender dynamics shaping colonial New Hampshire and the enduring impact of these inequalities on women’s lives.
Bibliography
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Walters, Barbara R. "Women's Education in Colonial New Hampshire." Historical New Hampshire, 2005. This article explores the history of women's education in colonial New Hampshire.
