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: Hillebrant, New Netherland, August 26, 1658

"Sodomy" charge

The Fort Orange Records of the Dutch New Netherland Court reported the examination of Nicolas Gregory Hillebrant, from Prague, "on a charge of attempting to commit sodomy. . . . " The case was referred to the director-general and council of the colony.(1)

On October 2, 1658 the minutes of the New Netherland council noted the petition of Nicolas Gregorius Hillebrantsen of Fort Orange (apparently the same person) to be allowed "to defend himself from an accusation of sodomy...." The case was referred to the local court. No additional information is available.

References

Jonathan Ned Katz, Gay/Lesbian Almanac (NY: Harper & Row, 1983) p.103, citing O'Callaghan, p. 201 (Fort Orange Records, vol. A, p. 91); p. 319 (Council Minutes, vol. 8, p. 992).