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“Two Suns in One Firmament”: John Cotton, Thomas Hooker, and the 1655 New Haven Sodomy Statute

Published online by Cambridge University Press:  19 February 2019

Abstract

This piece explores the origins of the anomalous 1655 New Haven statute against sodomy that broke with legal traditions and codes both in England and New England. A lengthy and extraordinarily specific piece of legislation, the New Haven law stands in stark contrast to the minimalist language favored by the English in the early seventeenth century. When viewed within the larger context of clerical animosities, particularly between Thomas Hooker and John Cotton, there is a strong circumstantial case to make for its implementation as an extension of John Cotton's rejected Massachusetts Bay legal code, Moses His Judicials, applied by his friend and admirer John Davenport in New Haven. A devout disciple of John Cotton, John Davenport's New Haven colony relied on Cotton's influence and stood as a rebuke to Thomas Hooker's Connecticut settlements, often criticized as too spiritually lax by those in Massachusetts Bay and New Haven. While seeking to demonstrate greater piety and rigidity, John Cotton and Thomas Hooker sought to exert dominance over the other, with Cotton employing Davenport's colony as an effective castigation of Hooker's perceived liberality. This piece is reflective of trends in studies of sexuality which suggest that ideas and identities related to sexuality do not operate in isolation, but often mirror anxieties not necessarily connected to the regulation of sexual activities. This article situates the 1655 Sodomy Statue within a broader context in order to understand its origins and animosities that potentially motivated its inclusion into the New Haven legal statutes.

Type
Articles
Copyright
Copyright © American Society of Church History 2019 

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Footnotes

The author wishes to extend sincere gratitude to Richard Godbeer, Monica D. Fitzgerald, Cara Delay, and Francis Bremer who read early drafts of the article. Also, many thanks to Bailey Poletti and John Manke, my copy editors at Church History, whose suggestions and edits improved the piece immeasurable.

References

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14 Bremer, Congregational Communion, 54.

15 Reprinted in Bremer, Congregational Communion, 91.

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22 Several friends and acquaintances of John Cotton emigrated to Boston years earlier, making him the more likely choice for the prestigious appointment.

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53 Winthrop, 200.

54 Ibid., 289.

55 Winship also considers the Antinomian controversy to be “implicated in the migrations that were to define the cultural geography of New England” in relation to Cotton, Hooker, and Davenport. It was also a triumph of Shepard and Hooker's style of preaching over the less tangible style embodied by Cotton. Winship, Making Heretics, 233, 235.

56 John Winthrop, “Short Story,” reprinted in The Antinomian Controversy, 286. Bozeman makes the argument that John Cotton was the critical figure in the crisis and that his previous teachings allowed for the extremes taken by Hutchinson and her followers. Bozeman, The Precisianist Strain, 241.

57 Archer, Fissures in the Rock, 31.

58 Bozeman, The Precisianist Strain, 211. Cotton initially worked to support Hutchinson, but he increasingly separated himself from her due to her disclosures as well as political pressures from within Boston. Thomas Shepard and Thomas Hooker suspected that Cotton influenced the trial to secretly support Hutchinson and provide her an opportunity for exoneration. See Winship, Making Heretics, 204.

59 Bozeman suggests that Davenport, Hooker, and Cotton all “jousted with antinomian doctrines” before emigrating from England. Bozeman, The Precisiant Strain, 184–210.

60 Ibid., 214.

61 The Massachusetts Bay Company resolved to ordeyne, & establish, all m[anner] of wholesome & Reasonable orders, Laues, statuts, ordinances, [directions] & Instrucktyons, not Contrary to the Lawes of the Relme of England, ffor the present gouerment of our plantacon, & the Inhabitants residing wthin ye Lymitts of or plantacon.Records of the Company of Massachusetts Bay from 1628–1641 (Cambridge: Boules and Houghton, 1850), 40Google Scholar.

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74 Ibid., 17.

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79 Ibid., 76–77.

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88 Knight, Orthodoxies in Massachusetts, 2–3. Knight asserts that this group of ministers lost their claim to orthodoxy in the early decades of settlement. For my purposes, this group reflects an increasingly conservative branch of Puritanism that distinguished itself in contradiction to a more liberal brand offered by Hooker and his Connecticut colony. Knight also connects Davenport and Cotton to an emphasis on grace as a transformative experience, which placed Cotton in a precarious position during the Antinomian Controversy.

89 First Founders, 154. See also Bremer, Francis, Building a New Jerusalem: John Davenport, a Puritan in Three Worlds (New Haven: Yale University Press, 2012)CrossRefGoogle Scholar.

90 Cornelia Hughes Dayton's work on Connecticut law indicates that, while New Haven did “posture as literal followers of Mosaic Law, many of the premises and much of the structure of their legal system came directly from English experience.” Hughes, Women before the Bar, 27.

91 First Founders, 154.

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97 Winship, Making Heretics, 150.

98 Knight, Orthodoxies in Massachusetts, 186.

100 First Founders, 151–152.

101 John Cotton to Samuel Stone, March 27, 1638, in Bush, Correspondence of John Cotton, 272–274. 1638 was also the height of the Antinomian Controversy, in which John Cotton played a pivotal and controversial role as an initial supporter of Hutchinson.

102 Oaks, Robert F., “‘Things Fearful to Name’: Sodomy and Buggery in Seventeenth Century New England,” Journal of Social History 12, no 2 *(Winter, 1978): 269CrossRefGoogle Scholar. Michael V. Wells misunderstood the context entirely, positing that Moses, His Judicials “reads in places almost exactly like the Old Testament” and that “if the Puritans had chosen to cast off all English precedents, this code would have been the perfect model for a new legal system.” Wells, Michael V., “Public Administration in Early America: Sex and the Law in Puritan Massachusetts,” Journal of Management History 40, no. 6 (2002): 596602, 597Google Scholar.

103 Godbeer, Sexual Revolution in Early America, 106; and Schweber, Howard, “Ordering Principles: The Adjudication of Criminal Cases in Puritan Massachusetts, 1629–1650,” Law & Society 32, no. 2 (1998): 367408CrossRefGoogle Scholar.

104 Historians Richard Godbeer, Thomas Foster, and Kathleen Brown are just a few historians who point to the larger and complex circumstances that influenced cultural, social, and legal understandings of sex and sexuality. See Godbeer, Sexual Revolution in Early America; Foster, Thomas A., Sex and the Eighteenth Century Man (New York: Beacon, 2007)Google Scholar; Foster, Thomas A., “Antimasonic Satire, Sodomy, and Eighteenth-Century Masculinity in the ‘Boston Evening-Post,’William and Mary Quarterly, 3rd ser., 60, no. 1 (January 2003): 171184CrossRefGoogle Scholar; Foster, Thomas A., “Deficient Husbands: Manhood, Sexual Incapacity, and Male Marital Sexuality in Seventeenth-Century New England,” William and Mary Quarterly, 3rd ser., 56, no 4 (October 1999): 723744CrossRefGoogle Scholar; and Brown, Kathleen M., Good Wives, Nasty Wenches, and Anxious Patriarchs: Gender, Race, and Power in Colonial Virginia (Chapel Hill: University of North Carolina Press, 1996)Google Scholar.

105 The 1655 statute was enacted after the deaths of John Cotton and Thomas Hooker. Rather than dissuading the evidence presented in this article, instead it substantiates the degree of conflict between Hooker and Cotton and Cotton's enduring influence on Davenport and New Haven.

106 Demos, John, A Little Commonwealth: Family Life in Plymouth Colony, 2nd ed. (New York: Oxford University Press, 1999)CrossRefGoogle Scholar; and Godbeer, Sexual Revolution in Early America.