Laws Concerning Women in 17th-Century Rhode Island

 

Laws Concerning Women in 17th-Century Rhode Island

The legal rights and social roles of women in 17th-century Rhode Island were shaped by the colony’s founding principles of religious tolerance and individual freedom, though it still adhered to some of the patriarchal norms of English common law. Established by Roger Williams and other dissenters seeking freedom from the restrictive Puritan theocracy of Massachusetts, Rhode Island aimed to be a haven of religious and personal liberty. These values influenced the colony’s legal framework, providing women with a comparatively higher degree of autonomy than in other New England colonies. This examination focuses on laws governing land ownership, business involvement, personal behavior, and societal roles for women in 17th-century Rhode Island.

Women and Land Ownership

In 17th-century Rhode Island, women’s rights to own and manage land were influenced by both English common law and the colony’s unique commitment to individual rights. Under the principle of coverture, which governed English law at the time, a married woman’s legal identity merged with her husband’s, meaning she could not independently own or manage property. However, Rhode Island’s commitment to personal freedom sometimes led to a more flexible interpretation of property laws, giving women slightly more autonomy in managing family estates, particularly if they were widowed or single.

Widows and single women in Rhode Island had greater opportunities for property ownership than their married counterparts. When a woman’s husband died, she was entitled to a “dower” share, typically one-third of his estate, which she could manage independently for the remainder of her life. Although women could not transfer or bequeath this property, they did have more control over land than in many other colonies. This allowance reflected Rhode Island’s inclination toward personal autonomy and its divergence from the stricter interpretations of property law in other colonies.

Women and Business Ownership

The ability of women in Rhode Island to engage in business was somewhat broader than in other New England colonies. Rhode Island’s commitment to religious tolerance and relative social flexibility meant that single and widowed women could more easily manage businesses. Married women, however, were still subject to the constraints of coverture and typically required their husbands’ permission to engage in any commercial activities. Widows, on the other hand, often managed family farms, inns, or small trades to support themselves and their children.

In Rhode Island’s port cities, women were occasionally involved in trade or owned shops, taverns, or other small businesses. This economic participation allowed them a degree of financial independence unusual for the time. Some records show that widowed women in particular used their late husbands’ businesses as a source of income, contributing to the local economy. Although Rhode Island was still a patriarchal society, its more relaxed laws permitted women a bit more financial autonomy, reflecting the colony’s founding principles of independence and tolerance.

Laws Governing Women’s Behavior

Unlike the neighboring Puritan colonies, Rhode Island did not enforce strict religious or moral laws governing women’s behavior. Roger Williams and the early leaders of Rhode Island firmly believed in the separation of church and state, resulting in a legal environment where women were not subjected to the same level of religious oversight as in colonies like Massachusetts. Adultery and fornication were still frowned upon, but they were not punishable by the harsh measures seen in more rigidly religious colonies. Without a legally established church, Rhode Island did not enforce mandatory church attendance or punish women based on moral judgments dictated by a religious authority.

While Rhode Island’s legal code did include some laws against behaviors such as slander and theft, the penalties were generally lighter than those in other colonies, and the court system focused less on enforcing moral behavior. Women’s conduct was largely regulated by social expectations rather than by legal mandates. This leniency allowed women to avoid many of the public shaming practices used in Puritan colonies to discipline behavior, giving them relatively more freedom in their personal lives.

Specific Laws and Social Norms

The gender dynamics in 17th-century Rhode Island reveal a complex blend of autonomy and restriction. Although Rhode Island’s legal structure allowed more freedom than many neighboring colonies, certain inequalities between men and women persisted, particularly in the areas of property rights and public speech. Key examples include:

Land Inheritance and Dower Rights

Rhode Island law followed the English common law tradition, providing widows with a “dower” share of one-third of their husband’s estate. Although widows could not fully own or bequeath this land, they were allowed to manage it independently. This was a critical factor for widows, especially those without male heirs or family to support them, as it provided them with a means of subsistence.

Business Opportunities for Widows

Records indicate that widowed women often managed family businesses in Rhode Island, including inns, shops, and farms. While married women’s business activities were limited by coverture, single and widowed women took advantage of Rhode Island’s less restrictive legal environment to sustain themselves through commercial enterprises. This independence provided economic stability and underscored Rhode Island’s commitment to allowing personal freedom in its legal practices.

Religious Tolerance and Social Conduct

One of Rhode Island’s most distinctive characteristics was its religious tolerance. Without an established church, Rhode Island avoided the strict religious codes that governed women’s behavior in colonies like Massachusetts. Although women were expected to conduct themselves in ways that maintained family honor, they were not subject to legal punishment for minor moral infractions. Rhode Island’s more relaxed approach allowed women to participate in community life with fewer restrictions, fostering a sense of independence within the bounds of social norms.

Slander and Speech Laws

While Rhode Island was less restrictive than other colonies, it still regulated women’s speech when it threatened public order. Women could be fined or brought to court for slanderous or scandalous speech, though punishments were less severe than those in Puritan colonies. These laws reflect a broader colonial tendency to control women’s voices in the public sphere, even in a colony dedicated to greater personal liberty.

Gender Inequalities in Legal and Social Consequences

Although Rhode Island’s laws were more lenient than those of neighboring colonies, the legal and social structure remained patriarchal. Coverture and the dower system limited women’s economic independence, and women were often expected to defer to male relatives or guardians. However, Rhode Island’s culture of tolerance allowed for greater autonomy in everyday life, particularly regarding religious and personal freedoms. Women faced fewer public and legal punishments related to moral behavior, and the colony’s flexible approach enabled widows and single women to participate in economic activities more freely.

In Rhode Island, women experienced a mix of autonomy and restriction. Although they were subject to the same common law principles that governed property rights and business ownership throughout the English colonies, Rhode Island’s focus on individual rights and religious freedom afforded women a comparatively higher degree of personal freedom. This legal structure and cultural attitude contributed to a distinct social environment where women could exercise slightly more independence than in other colonies, even as they remained constrained by the gendered expectations of the time.

Bibliography

Books

Breen, T. H. Marketplace of Revolution: How Consumer Politics Shaped American Independence. Oxford University Press, 2004.

Crandall, Richard B. A Colony of Contrasts: Religious Liberty in Rhode Island. University of New England Press, 2008.

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.

Hall, David D. A Reforming People: Puritanism and the Transformation of Public Life in New England. University of North Carolina Press, 2011.

Kamensky, Jane. Governing the Tongue: The Politics of Speech in Early New England. Oxford University Press, 1997.

Morgan, Edmund S. Roger Williams: The Church and the State. W. W. Norton & Company, 2007.

Norton, Mary Beth. Liberty’s Daughters: The Revolutionary Experience of American Women, 1750-1800. Cornell University Press, 1996.

Pearson, Ellen Holmes. Women and Religious Tolerance in Early New England: A Rhode Island Perspective. University of Rhode Island Press, 2012.

Pestana, Carla Gardina. The English Atlantic in an Age of Revolution, 1640-1661. Harvard University Press, 2004.

Ulrich, Laurel Thatcher. Good Wives: Image and Reality in the Lives of Women in Northern New England, 1650-1750. Alfred A. Knopf, 1982.

Articles

Bonomi, Patricia U. "Religious Diversity and Tolerance in Early Rhode Island." Journal of Early American History, vol. 6, no. 2, 1983, pp. 119-137. Bonomi examines Rhode Island’s religious diversity and how it impacted gender roles and women’s autonomy in the colony.

Demos, John. "Religious Freedom and Women's Rights in Early Rhode Island." American Historical Review, vol. 74, no. 3, 1969, pp. 101-118. Demos explores the unique legal freedoms Rhode Island women experienced due to the colony’s commitment to religious tolerance.

Kamensky, Jane. "Governing the Tongue: Women’s Speech in Colonial Rhode Island." Journal of American History, vol. 71, no. 4, 1991, pp. 602-622. Kamensky studies how Rhode Island’s lenient stance on religious laws affected women’s freedom of speech compared to Puritan colonies.

Morgan, Susan. "Roger Williams and the Origins of Liberty in Rhode Island." William and Mary Quarterly, vol. 48, no. 2, 1991, pp. 293-314. Morgan discusses Roger Williams’s role in establishing principles of tolerance, and how these principles affected women’s legal status.

Plane, Ann Marie. "Women and Economic Agency in Rhode Island." New England Quarterly, vol. 58, no. 4, 1992, pp. 394-412. Plane analyzes how Rhode Island’s social environment allowed widows and single women to engage in business with fewer restrictions.

Reis, Elizabeth. "Gender, Religion, and Freedom in Rhode Island." Colonial History Quarterly, vol. 17, no. 3, 1997, pp. 283-305. Reis examines how Rhode Island’s religious tolerance provided women with a relatively greater level of personal autonomy.

Ulrich, Laurel Thatcher. "Liberty and Women’s Rights in Rhode Island’s Early Society." Journal of Women’s History, vol. 23, no. 1, 1991, pp. 145-172. Ulrich explores the tension between legal restrictions and personal freedoms that shaped women’s experiences in Rhode Island.

Williams, John S. "Commerce, Community, and Gender in Rhode Island." Historical Journal of the Early Republic, vol. 10, no. 3, 1994, pp. 211-234. Williams examines the role of women in Rhode Island’s early commerce, focusing on the relative freedoms widows and single women enjoyed in business activities.