Blue Laws

a term applied usually in derision to the early enactments of the New England colonies, more particularly, however, to the laws of New Haven. Blue, as used in this connection, means strict, severe. This usage of the word is English in its origin. The Covenanters of Scotland raised a blue flag. Butler says of Sir Hudibras,

Blue laws, .therefore, are simply Puritanical laws, laws overly severe. There is a popular impression that the early legislative acts of the New England colonies were notable for strictness, that an unnecessary number of acts were made crimes, and that the penalties for these crimes were unnecessarily and strangely severe. This imputation has been resented bitterly by New England writers, and, indeed, the charge is without valid foundation. In the first place, the list of capital offences was cut short in the colonies. The code of Connecticut adopted in 1642, practically the same as that of Massachusetts, New Haven, etc., made only twelve offences a matter of life and death. These offences were idolatry, witchcraft, blasphemy, willful murder, practicing by poison or otherwise on a person's life, adultery, rape, abduction, false witness with the purpose of taking life, insurrection, and one or two others. At the same time over thirty offences were punishable by death in England, and (in 1662) twenty-five in Virginia. The colonists reduced their list, but the English list grew without repeal until, in 1819, 223 crimes, so far as the statute books went, were matters of hanging.

In comparison with England, the colonists were merciful. The Connecticut laws of 1642 provided, indeed, that "if any man or woman be a witch, they shall be put to death." In 1786, 144 years later, a woman was strangled and burned at Tyburn, London, for making counterfeit shillings. In 1616 a Hamburg coiner of false money was sentenced to "be boiled to death in oil; not thrown into the vessel at once, but with a pulley or rope to be hanged under the armpits, and then let down into the oil by degrees; first the feet, next the legs, and so to boil his flesh from his bones alive." In 1650 it was ordered by the general court of Connecticut that "no man shall exercise any tyranny or cruelty towards any brute creatures which are usually kept for the use of man."

There is an impression that the laws of Puritan Connecticut were more severe than the laws enacted by the Cavaliers. Here are some clauses enacted by Englishmen for the government of Virginia:

That no man use unlawful oaths, taking the name of God in vain, curse, or ban, upon pain of severe punishment for the first offence so committed, and for the second, to have a bodkin thrust through his tongue; and if he continue the blaspheming of God's holy name, for the third time so offending he shall be brought to a martial court, and there receive censure of death for his offence.

Every man and woman shall repair in the morning to the divine service and sermons preached, upon the Sabbath day, and in the afternoon to divine service, and catechising, upon pain for the first fault to lose their provision and the allowance for the whole week following; for the second, to lose the said allowance and also to be whipped; and for the third to suffer death.

That what person or persons soever shall feloniously kill a tame hogg, being none of his owne, and being thereof lawfully convicted, shall suffer as a felon (i. e., death).

The first and second are taken from the Virginia Articles of 1611; the third is an act of the Virginia Assembly dated 1643. The settlers of Virginia enacted a score of laws providing capital punishment before they had been in the New World a score of years.

The investigator in search of blue laws can find the genuine article in the statute books of old England,--laws enacted not by the Puritans, but by the Cavaliers,--laws which made it a matter of hanging to steal a shilling, to filch a piece of cloth from a weaver, to steal a hawk, or to kill a deer in the king's forest. Colonial legislation was strict compared with the laws of today; but compared with the laws of England, the country from which the colonists had just come, and from which they necessarily derived their idea of law making, the laws of the colonists must be termed merciful. They were not intended to be oppressive. Though to us they seem harsh, unnecessary, and unwise, it should be remembered that these old so-called blue laws were intended to be just, biblical, and to make for righteousness.

Much unjust ridicule has been directed at New England legislation and particularly that of Connecticut, by a so-called History of Connecticut published in England in 1781. It was the work of a Rev. Samuel Peters, a native of Connecticut and a graduate of Yale, who was driven out of the colonies in 1774 for his steadfast Toryism. He appears to have taken his revenge by publishing a work which he intended to be very damaging to his countrymen. In this volume he gave a list of forty-five "blue laws." They are summarized as follows:

[1] The governor and magistrates convened in general assembly are the supreme power under God of this independent dominion. [2] From the determination of the assembly no appeal shall be made. [3] The governor is amenable to the voice of the people. [4] The governor shall have only a single vote in determining any question, except a casting vote when the assembly may be equally divided. [5] The assembly of the people shall not be dismissed by the governor, but shall dismiss itself. [6] Conspiracy against this dominion shall be punished with death. [7] Whoever says there is power and jurisdiction above and over this dominion shall suffer death and loss of property. [8] The judges shall determine controversies without a jury. [9] Whoever attempts to change or overturn this dominion shall suffer death. [10] No one shall be a freeman, or give a vote, unless he be converted and a member in full communion of one of the churches allowed in this dominion. [11] No man shall hold any office who is not sound in the faith and faithful to this dominion, and whoever gives a vote to such a person shall pay a fine of Pound 1; for a second offense he shall be disfranchised. [12] Each freeman shall swear by the blessed God to bear true allegiance to this dominion, and that Jesus is the only King. [13] No Quaker or dissenter from the established worship of this dominion shall be allowed to give a vote for the election of magistrates or any officer. [14] No food or lodging shall be afforded to a Quaker, Adamite, or other heretic. [15] If any person turns Quaker, he shall be banished and not suffered to return but upon pain of death. [16] No priest shall abide in this dominion; he shall be banished, and suffer death on his return. Priests may be seized by anyone without a warrant. [17] No one to cross a river but with an authorized ferryman. [18] No one shall run on the Sabbath day, or walk in his garden or elsewhere, except reverently to and from meeting. [19] No one shall travel, cook victuals, make beds, sweep house, cut hair, or shave on the Sabbath day. [20] No woman shall kiss her child on the Sabbath or fasting day. [21] The Sabbath shall begin at sunset on Saturday. [22] To pick an ear of corn growing in a neighbor's garden shall be deemed theft. [23] A person accused of trespass in the night shall be judged guilty, unless he clear himself by his oath. [24] When it appears that an accused has confederates, and he refuses to discover them, he may be racked. [25] No one shall buy or sell lands without permission of the selectmen. [26] A drunkard shall have a master appointed by the selectmen, who are to debar him from the liberty of buying and selling. [27] Whoever publishes a lie to the prejudice of his neighbor shall sit in the stocks or be whipped fifteen stripes. [28] No minister shall keep a school. [29] Every ratable person who refuses to pay his proportion to the support of the minister of the town or parish shall be fined by the court Pound 2 and Pound 4 every quarter, until he or she pay the rate to the minister. [30] Men stealers shall suffer death. [31] Whoever wears clothes trimmed with gold, silver, or bone lace, above two shillings by the yard, shall be presented by the grand jurors, and the selectmen shall tax the offender at pound 300 estate. [32] A debtor in prison swearing he has no estate shall be let out and sold to make satisfaction. [33] Whoever sets a fire in the woods, and it burns a house, shall suffer death, and persons suspected of this crime shall be imprisoned without benefit of bail. [34] Whoever brings cards or dice into this dominion shall pay a fine of Pound 5. [35] No one shall read Common Prayer, keep Christmas or Saints' Days, make minced pies, dance, play cards, or play on any instrument of music except the drum, trumpet, and jew's-harp. [36] No gospel minister shall join people in marriage; the magistrates only shall join in marriage, as they may do it with less scandal to Christ's Church. [37] When parents refuse their children convenient marriages, the magistrates shall determine the point. [38] The selectmen, on finding children ignorant, may take them away from their parents and put them into better hands, at the expense of their parents. [39] Fornication shall be punished by compelling marriage, or as the court may think proper. [40] Adultery shall be punished with death. [41] A man that strikes his wife shall pay a fine of Pound 10; a woman that strikes her husband shall be punished as the court directs. [42] A wife shall be deemed good evidence against her husband. [43] No man shall court a maid in person, or by letter, without first obtaining consent of her parents; Pound 5 penalty for the first offense; Pound 10 for the second; and for the third, imprisonment during the pleasure of the court. [44] Married persons must live together or be imprisoned. [45] Every male shall have his hair cut round according to a cap.

In an article contributed to the annual volume of the American History Association, Mr. Walther F. Prince analyzes these laws as

I. Laws unqualifiedly true--6, 8, 2, 3, 4, 9, 10, 13, 22, 39, 40, 42, 43, 15, 14, 16, 17, 21, 30, 32, 23, 38, 28, 34, 31, 37, 19 (first part), 35, so far as pertains to Common Prayer, festivals, dancing, and cards. II. Laws substantially true--1, 4, 11, 24, 25, 26, 27, 36, 41. III. Laws not authenticated, essentially misstated or wholly spurious--19 (second part), 18, 20, 29, 33, 12, 35 (in part), 7, 45.

It may be noted that the so-called blue laws that have been quoted oftenest and that have incurred ridicule are spurious.