Delaware (1638–1776)
Delaware's legal and social framework between 1638 and 1776 was shaped by its shifting colonial administration, having been controlled at different times by the Swedes, Dutch, and English. Despite this varied colonial influence, the legal expectations for women were consistently shaped by English common law following English control in 1664. Under this system, women’s legal identities were largely subsumed under those of their fathers or husbands, although women could still appear in court, own property under certain conditions, and participate in community life in significant ways.
Women in Delaware had limited formal legal rights, especially once the colony adopted English legal traditions. The legal doctrine of coverture was enforced, meaning married women could not sign contracts, initiate lawsuits, or control property in their own names. Widows, however, could inherit property and were often responsible for managing estates, sometimes appearing in court in this capacity.
A notable case in Delaware legal history involves Mary Ward (dates unknown), a widow in the 1730s who managed her late husband's property near Dover. When tenants refused to pay rent owed to her as the administrator of the estate, she brought the case before the county court. Although she could not vote or serve on a jury, she testified before the magistrates and ultimately won her case. Her actions demonstrated the limited but real avenues available for widows to protect their economic interests.
Another woman, Margaret Hollingsworth (1680–1750), a Quaker settler in the Brandywine region, appeared multiple times in court records for registering land transactions and managing family property. While her name often appeared alongside her husband Valentine Hollingsworth (1664–1722), she continued to act independently after his death, managing land sales and resolving disputes with neighbors. Her Quaker background may have influenced her relative autonomy, as Quaker communities allowed more religious and social roles for women.
The Quaker influence in Delaware allowed for somewhat more egalitarian views on gender, especially within the religious community. Women often spoke in meetings and were considered spiritual equals to men. This religious context permitted Quaker women like Elizabeth Shipley (1710–1772) to publish religious tracts, advise on community discipline, and speak publicly, though their legal rights outside the Quaker sphere remained limited.
In 1742, an unnamed woman in New Castle County was prosecuted for slander after publicly accusing a neighbor of adultery. The court ordered her to stand in the town pillory and pay a fine, underscoring how women could be held publicly accountable for speech that disrupted social order. This case exemplified the broader societal control over women’s behavior and speech.
The Delaware courts did not formally exclude women from the legal system; they simply restricted the capacities in which women could participate. Women could be witnesses, plaintiffs, and defendants, but never jurors or magistrates. Despite these restrictions, women like Mary Ward and Margaret Hollingsworth demonstrate that women did engage with the law in meaningful ways when family interests or property were involved.
In summary, Delaware women between 1638 and 1776 lived under a patriarchal legal structure with minimal direct power, yet they found opportunities to act within the system, especially as widows or Quakers. Their legal activity, though often tied to property or family matters, reveals a persistent and practical engagement with the legal and social institutions of colonial life.
