"The Court finding since ye repealing of ye former laws against tobacco ye law is more abused than before, it hath therefore ordered that no man shall take any tobacco in ye field except in his iourney, or meale times, vpon pain of 12d for every offence, nor shall take any tobacco in (or near) any dwelling house, barne, Corn or Haye, as may be likely to endanger ye fireing thereof, vpon paine of 2s for every offence, nor shall take any tobacco in any Inne or common victualling house; except in a private room there; so as neither the master of the same house nor any other gueste there shall take offence thereat; wch if they doo, then such p son is forth wth to forebeare, vpon paine of 2s 6d for every offence."
One office created by the court of that early period it might not be a bad idea for the authorities of the present day to revive. Wardens were appointed annually to "take care of and manage ye affairs of ye School; they shall see that both ye Master & Schollar, perform, their duty, and Judge of and End any difference that may arrise between Master & Schollar, or their Parents, according to Sundry Rules & Directions," set down for their guidance.
In all matters coming within the province and jurisdiction of the colonial church the law was even more exacting than in merely civil affairs; and singularly enough, the town authorities took it upon themselves to seat all persons who attended divine service in the meeting-house where it seemed to them most proper. With the full approbation of the selectmen, responsible persons were sometimes allowed to construct pews or seats for themselves and their families in the meeting-house; but it appears on one occasion that three citizens undertook to "make a seat in ye meeting-house," without first getting the full permission and consent of the town fathers, an act deemed exceedingly sinful, and for which they were arraigned before the town at a special meeting and publicly censured. After duly considering the case it was decided to allow the seat to remain, provided it should not be disposed of to any person but such as the town should approve of, and that the offending parties acknowledge their "too much forwardness," in writing, which they did in the following manner:
"We whose names are underwritten, do acknowledge that it was our weakness that we were so inconsiderate as to make a small seat in the meeting-house without more clear and full approbation of the town and selectmen thereof, though we thought upon the conference we had with some of the selectmen apart, and elders, we had satisfying ground for our proceeding therein; wch we now see was not sufficent; therefore we do desire that our failing therein may be passed by; and if the town will grant our seat that we have been at so much cost in setting up, we thankfully acknowledge your love unto us therein, and we do hereupon further engage ourselves that we will not give up nor sell any of our places in that seat to any person or persons but whom the elders shall approve of, or such as shall have power to place men in seats in the assembly.
[Signed]. INCREASE ATHERTON,
SAMUEL PROCTOR,
THOMAS BIRD.
At another time one Joseph Leeds, a member of the church, was accused of maltreating his wife; the charge was sustained, and after the case had been considered at several special meetings, it was settled by his confessing and promising "to carry it more lovingly to her for time to come." But Jonathan Blackman, another erring brother, was charged with misdemeanors that could not be so easily overlooked; he was accused of lying and also of stealing. He had been whipped for these offences, but refused to come before the church for wholesome discipline, and ran away out of the jurisdiction. Accordingly he was "disowned from his church relation and excommunicated, though not deliuered up to Satan, as those in full communion, but yet to be looked at as a Heathen and a Publican unto his relations natural and civil, that he might be ashamed."
Another class of statutes—laws that have a queer sound in nineteenth-century Massachusetts—were designed for the encouragement of special public service. Here are examples of some of them:
"1638. For the better encouragement of any that shall destroy wolves, it is ordered that for every wolf any man shall take in Dorchester plantation, he shall have 20s by the town, for the first wolf, 15s for the second, and for every wolf afterwards, 10s besides the Country's pay."
"1736. Voted, that whosoever shall kill brown rats, so much grown as to have their hair on them, within ye town of Dochester, ye year ensuing, until our meeting in May next, and bring in their scalps with ye ears on unto ye town treasurer, shall be paid by ye town treasurer Fourpence for every rat's scalp."
The same year the town offered a bounty for the destroying of striped squirrels.