Laws Concerning Women in 17th-Century Connecticut
The legal status and rights of women in 17th-century Connecticut 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, Connecticut’s legal framework also provided certain protections and outlined specific roles for women, especially within family and religious structures.
Women and Land Ownership
In 17th-century Connecticut, 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 Connecticut 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 Connecticut, 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. Connecticut’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, Connecticut’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 Connecticut 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:
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 Connecticut 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 Connecticut and the enduring 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. Dayton examines the regulation of women’s reproductive choices and its impact on gender relations in Puritan society.
Demos, John. "Shame and Guilt in Early New England." American Historical Review, 1970. Demos analyzes the use of public shaming as a tool to enforce moral behavior, with women frequently subject to harsher punishment than men.
Godbeer, Richard. "Sex and Gender in Colonial New England." Journal of American History, 2002. Godbeer explores gender expectations in colonial New England, including sexual standards and women’s limited autonomy.
Haefeli, Evan, and Jon Butler. "The Changing Role of Women in New England Churches, 1630-1700." Journal of Religious History, 1991. Haefeli and Butler examine how Puritan beliefs shaped women’s roles within New England churches, noting restrictions on women’s religious participation.
Kamensky, Jane. "Governing the Tongue: Gossip, Slander, and Speech in Early New England." American Quarterly, 1999. Kamensky studies laws against slander and gossip, examining how Puritan authorities targeted women’s speech to control community order.
Karlsen, Carol F. "The Devil in the Shape of a Woman: Witchcraft in Colonial New England." Signs, 1987. Karlsen investigates the gendered nature of witchcraft accusations, with many cases focusing on women’s perceived moral transgressions.
Norton, Mary Beth. "Gender and Authority in Early New England." New England Quarterly, 1987. Norton provides an analysis of Puritan beliefs about women’s inferiority, examining how these views informed laws and social expectations.
Plane, Ann Marie. "Indian Women and English Law in Colonial Connecticut." Journal of American History, 1998. Plane looks at the intersection of English law and Native women’s rights in colonial New England, shedding light on gender and race dynamics.
Reis, Elizabeth. "Puritan Beliefs about Women and Sin." Colonial History Quarterly, 1997. Reis discusses the theological basis for Puritan laws restricting women, with an emphasis on how religious beliefs informed gendered expectations.
Ulrich, Laurel Thatcher. "Public Women and the Rise of the Middle-Class Family in New England." William and Mary Quarterly, 1991. Ulrich examines how evolving family structures influenced women’s roles, with women’s behavior increasingly regulated to uphold family honor.
