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“Be it enacted and ordained by the governor, council, and representatives convened in general court of assembly, that all and every person and persons shall, on that day, carefully apply themselves to the duties of religion and piety; that no tradesman or laborer shall exercise his ordinary calling, and that no game or recreation shall be used on the Lord's day, upon pain of forfeiting ten shillings;—
“That no one shall travel on that day, or any part thereof, under pain of forfeiting twenty shillings; that no vessel shall leave a harbour of the colony; that no persons shall keep outside the meetinghouse during the time of public worship, or profane the time by playing or talking, on penalty of five shillings.
“Public-houses shall not entertain any other than strangers or lodgers, under a penalty of five shillings for every person found drinking or abiding therein.
“Any person in health who, without sufficient reason, shall omit to worship God in public during three months, shall be condemned to a fine of ten shillings.
“Any person guilty of misbehaviour in a place of public worship shall be fined from five to forty shillings.
“These laws are to be enforced by the tithing-men of each township, who have authority to visit public-houses on the Sunday. The innkeeper who shall refuse them admittance shall be fined forty shillings for such offence.
“The tithing-men are to stop travellers, and to require of them their reason for being on the road on Sunday: any one refusing to answer shall be sentenced to pay a fine not exceeding five pounds sterling. If the reason given by the traveller be not deemed by the tithing-men sufficient, he may bring the traveller before the justice of the peace of the district.” (Law of the 8th March, 1792: General Laws of Massachusetts, vol. i., p. 410.
“On the 11th March, 1797, a new law increased the amount of fines, half
of which was to be given to the informer. (Same collection, vol. ii., p. 525.)
On the 16th February, 1816, a new law confirmed these measures. (Same collection, vol. ii., p. 405.)
Similar enactments exist in the laws of the state of New York, revised in 1827 and 1828. (See Revised Statutes, part i., chapter 20, p. 675.) In these it is declared that no one is allowed on the sabbath to sport, to fish, play at games, or to frequent houses where liquor is sold. No one can travel except in case of necessity.
And this is not the only trace which the religious strictness and austere manners of the first emigrants have left behind them in the American laws. In the revised statutes of the state of New York, vol. i., p. 662, is the following clause:—
“Whoever shall win or lose in the space of twenty-four hours, by gaming or betting, the sum of twenty-five dollars, shall be found guilty of a misdemeanor, and, upon conviction, shall be condemned to pay a fine equal to at least five times the value of the sum lost or won; which will be paid to the inspector of the poor of the township. He that loses twenty-five dollars or more, may bring an action to recover them; and if he neglects to do so, the inspector of the poor may prosecute the winner, and oblige him to pay
