Colonial America: The Age of Sodomitical Sin, 1607-1783, by Jonathan Ned Katz

The years from 1607 to 1783 constitute the founding era of what became the United States. In the early years of this era, in these American colonies, the penalty for sodomy was death, and a number of executions are documented. Sodomy was usually conceived of then as anal intercourse between men. But why was sodomy thought of as treason against the state and punished so harshly? And what do we know of sexual and intimate relationships between women in these years, and the laws and responses to such intimacies? This feature presents or references the original documents that Jonathan Ned Katz collected in his books Gay American History (1976) and Gay/Lesbian Almanac (1983), along with evidence that others subsequently discovered. Published originally on OutHistory in 2012.

Legal Case: New Haven, March 23, 1653

"much wickedness in a filthy corrupting way"

The court records of the town of New Haven reported the sentencing of six young males, and a servant, John Clarke, who was returned to his master for punishment.(1)

Upon a complaint made to the Governor of sundrie youths in the Town that had committed much wickedness in a filthy corrupting way one with another, they were called before the Governor and Magistrates.... [Those charged were] Benjamin Bunill, Joshua Bradly, Joseph Benham, William Trobridg, Thomas Tuttill & Thomas Kimberly. They were examined in a private way, and their examinations taken in writing, which were of such a filthy nature as is not fit to be made known in a public way: after which the Court were called together, and the youths before them. Their examinations were read and, upon their several confessions, the Court . . . sentenced the youths above named to be whipped publicly. And whereas John Clarke, servant to Jeremiah Whitnell, was questioned and charged by one of them for some filthy carriage, he denied it, and another of the company in some measure cleared him from that the other charged him with, whereupon he was not sentenced to be corrected publicly, but the Court left it with his master to give him that correction in the family which he should see meet [proper], warning John Clarke that if ever any such carriage came forth against him hereafter, the Court would call these miscarriages charged upon him to mind again.

References

Jonathan Ned Katz, Gay/Lesbian Almanac (NY: Harper & Row, 1983), p.100, citing Franklin Bowditch Dexter, ed., New Haven Town Records, 1649-1684 (New Haven: New Haven Historical Society, 1917), pp. 178-79.