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It is ordered, &c. That no person, or persons, shall at any time hereafter, under any pretence or colour whatsoever, un∣dertake or become a common Victualler, keeper of a Cookes shop, or house for common entertainment 'Tavern, or publick
seller of Wine, Ale, strong Beere, or strong liquor by retaile within this Jurisdiction; nor shall any either directly or in∣directly, sell any sort of Wine privately in his house, Cellar, &c. or out of doores, by a lesse quantity, or under three gal∣lons at a time, without approbation and license of the Planta∣tion-Court to which he belongeth: or where there is no such Court, without the license of the Constable, and major part of the free-men, under the penalty of five pounds, to be paid to the Plantation for the first miscarriage complained of, and proved; and ten pounds for the second miscarriage so proved: And where payment cannot or wil not be made, imprisonment during the Courts pleasure, for the first offence, and for the se∣cond offence, such further punishment as the Court shall order. And that no person so licensed shal sell any Beere, or Ale, above three pence an Ale quart, under the penalty of three shillings and four pence for such miscarriage, proved the first time, and six shillings and eight pence the second time. But it is allowed and ordered, that any man that will may sell Beere or Ale out of doores, at a peny a quart, or cheaper.
It is further ordered, That whosoever licensed as before, sel∣leth any sort of Wine by retaile, that is, by any lesse quantity then three gallons at a time, he shall pay to the Jurisdiction Treasurer over and above the Custome before mentioned, after the rate of forty shillings for every But, or pipe so re-taled; and every one, that so selleth by retale, shal give a true account and notice to the said Treasurer, or to some other Officer appointed for that purpose in each plantation, of the true or ful quantity, which he either buyeth or receiveth into his custody, and that within one week after he is so possessed of it, upon paine of forfeiting the same, or the value thereof; and shal further every six months, truly account with the Jurisdictions Treasurer, or other Officer as aforesaid, for what he hath sold by Re-tale as aforesaid, and discharge the same, having due allowance for what he hath sold by greater parcels, then by this Order is ac∣counted Re-tale; and in case of delay, or neglect of payment after demand, the Treasurer or Officer shal recover it by action as other debts, provided that if any person shal give in a false account to defraud the Jurisdiction upon due proof, he shal pay double the value of what he would so have kept back.
And it is further ordered, that every person so licensed to draw and sel strong Beer, Ale, Wine, or strong liquour, do see, and take care that good order, and all Rules of sobriety be duly attended in his course, and house, and about the same; and that he neither see, nor suffer any to be drunken, or to drink excessively, or to continue Tipling above the space of an hour, or at unseasonable times; or after nine of the clock at night without weighty cause, nor that any Children or servants with out the consent of Parents, or governors be permitted to sit, or stay there drinking or unnecessarily to spend their time there, especially at late or unseasonable hours, but that he duly com∣plain to authority, that all such disorders may be seasonably suppressed, under the penalty of 5 shillings for the first offence, with such increase of fine for a continued slightness or neglect as the Court shal determine.
Provided notwithstanding, That such licensed persons may entertain strangers, land travellers, Sea-faring men, lodgers, or others for their necessary occasions, refreshment, or during meales, when they come from their Journies or Voyages, or when they prepare for their Journey or Voyage in the night, or next day early, or such may continue in such houses of com∣mon entertainment, as their business and lawful occasions may require, so that there be no disorder among them.
But every person found drunken, namely so, That he be thereby for the present bereaved, or disabled in the use of his understanding, appearing in his speech, jesture or carriage in a∣ny of the said houses or elsewhere, shal forfeit for the first time ten shillings; and for excess of drinking, or continuing in any such place unnecessarily at unseasonable times, or after nine of the clock at night five shillings, and for continuing tipling there above the space of an hour two shillings six pence for the first offence, and for the second offence in each kind, and for all fur∣ther disorder, quarrelling, or disturbance, whether a first or second time, such further fine or punishment as the Court shall determine.
And for that God may be much dishonoured, and many in∣couveniences may grow by the Indians disorderly drink∣ing of Wine, strong Water, and strong Beere, * 1.1 unto which they are much addicted; it is Ordered, That no person whatsoever
shal either directly or indirectly within this Jurisdiction, sel a∣ny Wine, strong Water, or strong Beere to any Indian or Indi∣ans, or procure any for them, either to drink within this Ju∣risdiction, or upon any pretence to carry away without special license under the hand of some Magistrate of this Jurisdiction, or in any plantation where there is no Magistrate, under the hand of one of the Deputies, or Constable where he lives; and that no license so given shal serve, or be of force any longer then for that one particular time, and for the limited quantity then granted, under the penalty of five shillings for the first of∣fence, and ten shillings for the second; but if any shal offend the third time therein, it is left to the Plantation Court where the offence is committed to consider the case, and to inflict such punishment or increase of fine as shal be meet; and in any plantation, where at present there is no Court kept, the Depu∣ties last chosen for the general Court, or Constable, shall re∣quire the forfeitures, and for defect of payment make seizure of so much out of the Delinquents estate; but if any person shal offend the third time, every such person shal by the said Deputies, or Constable, be bound over to answer it before the next Court of Magistrates.
Indians,