Winthrop gravely enumerates the faults of the constable, such as his “transgressing the bounds of his office, the fruits of ignorant and misguided zeal, not putting a hook on the stocks,” etc., and the matter bade fair to assume some gravity, since it was deemed in France “most ignominious to be laid in the stocks.” Yet Winthrop took care not to rebuke the Constable in public lest he “discourage and discountenance an honest officer.”

It has been said that the homely injunction “to mind your own business” was the most difficult lesson New Englanders ever had to learn, and that even now it has been acquired and practised in the cities only, not in the country.

Administration of government in those days certainly consisted much of meddlesome interference in the private affairs of daily life. Experience has since taught that the free-will of the citizen is the best regulator in such matters.

It is one of the curiosities of old-time legislation that the use of tobacco was in earliest colonial days plainly regarded by the magistrates and elders as far more sinful, degrading, and harmful than indulgence in intoxicating liquors. Both the use and the planting of it were forbidden, the latter being permitted in small quantities “for meere necessitie, for phisick, for preservaceon of the health, and that the same be taken privately by auncient men.” Landlords were ordered not to “suffer any tobacco to be taken into their houses” on penalty of a fine to the “victualler,” and another to “the party that takes it.” The “Creature called Tobacko” seemed to have an immortal life. The laws were constantly altered and were enforced, still tobacco was grown and was smoked. Soon it was forbidden to “take tobacco in any wine or common victual house, except in a private room there, so as the master of said house nor any guest there shall take offense thereat; which, if any do, the said person shall forbear upon pain of two shillings sixpence for every such offense.” No one could take tobacco “publicquely” nor in his own house or anywhere else before strangers. Two men were forbidden to smoke together. Windsor required a physician’s certificate ere it could be used. No one could smoke within two miles of the meeting-house on the Sabbath day. There were wicked backsliders who were caught smoking around the corner of the meeting-house, and others on the street, and they were fined, and set in the stocks, and in cages. Until within a few years there were New England towns where tobacco-smoking was prohibited on the streets, and innocent cigar-loving travellers were astounded at being requested to cease smoking. Mr. Drake wrote in 1886 that he knew men, then living, who had had to plead guilty or not guilty in a Boston police court for smoking in the streets of Boston. In Connecticut in early days a great indulgence was permitted to travellers—a man could smoke once during a journey of ten miles.

The relationship of tavern and meeting-house in New England did not end with their simultaneous establishment; they continued the most friendly neighbors. And so long as a public house was commonly known as an ordinary, those who were high in church counsels looked sharply to the control of these houses of sojourn. The minister and tithing-man were aided in their spying and their chiding by deacons, elders, and church members.

Usually the ordinary and the meeting-house were close companions. Licenses to keep houses of entertainment were granted with the condition that the tavern must be near the meeting-house—a keen contrast to our present laws prohibiting the sale of liquor within a certain distance of any church. A Boston ordinary-keeper, in 1651, was granted permission to keep a house of common entertainment “provided hee keepe it neare the new meeting-house.”

Leather Black-jack.

Those who know of the old-time meeting-house can fully comprehend the desire of the colonists to have a tavern near at hand, especially during the winter services. Through autumn rains, and winter frosts and snows, and fierce northwesters, the poorly-built meeting-house stood unheated, growing more damp, more icy, more deadly, with each succeeding week. Women cowered, shivering, half-frozen, over the feeble heat of a metal foot-stove as the long sermon dragged on and the few coals became ashes. Men stamped their feet and swung their arms in the vain attempt to warm the blood. Gladly and eagerly did all troop from the gloomy meeting-house to the cheerful tavern to thaw out before the afternoon service, and to warm up before the ride or walk home in the late afternoon. It was a scandal in many a town that godly church-members partook too freely of tavern cheer at the nooning; the only wonder is that the entire congregation did not succumb in a body to the potent flip and toddy of the tavern-keeper.

In midsummer the hot sun beat down on the meeting-house roof, and the burning rays poured in the unshaded windows. The taproom of the tavern and the green trees in its dooryard offered a pleasant shade to tired church-goers, and its well-sweep afforded a grateful drink to those who turned not to the taproom.