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.

Buggery Law: New Hampshire: 1718

Death for buggery

New Hampshire legislators revised its "buggery" law of 1680, adopting the Massachusetts law of 1697 with only minor changes. However, the New Hampshire law, unlike that of Massachusetts, used the term "buggery" to refer to both sodomy and bestiality.(1)

The statute read:

for avoiding of the Detestable and Abominable Sin of Buggery with Mankind or Beast, which is contrary to the very light of Nature: Be it Enacted ... that the same offense be adjudged Felony. . . . And that every Man being duly convicted of Lying with Man-kind as he lyeth with a Woman; And every Man or Woman that shall have Carnal Copulation with any Beast or brute Creature, the offender and offenders in either the cases before mentioned, shall suffer the pains of Death, and the Beast shall be slain and burned.

This law was next revised in 1812, when New Hampshire legislators revoked the death penalty for this crime.(2)

References

Jonathan Ned Katz, Gay/Lesbian Almanac (NY: Harper & Row, 1983), p. 131, citing Batchellor, vol. 2, p. 314.
Batchellor, vol. 8, p. 130.