SOME PECULIAR LAWS. By Solomon Mendels. AT this later day when enactments are rigidly construed by superior tribunals to determine whether or not they are in con formity with the basic law which is always so framed as to jealously guard individual rights, we cannot but marvel when we read of such regulations as are instanced below. They are extracts from the earliest laws of Con necticut and are embodied in a curious little volume of about one hundred pages, five inches long and three inches wide, on the title leaf of which is imprirtfed in bold capitals, "The Code of 1650." The following examples are the most unique : "No person or persons licenced for com mon interteinment, shall suffer any to bee drunken, or drinke excessively, viz., above halfe a pinte of wyne, for one person, at one time, or to continue tipling above the space of halfe an houre, or at unreasonable times, or after nine of the clock at night, in or about any of theire howses, on penalty of five shil lings for every such offence; and every person found drunken, viz., so that hee bee thereby bereaved or dissabled in the use of his under standing, appearing in his speech or gesture, in any of the said howses or elsewhere, shall forfeit ten shillings; and for excessive drink ing, three shillings, foure pence; and for continuing above halfe an houre, tipling, two shillings, six pence; and for tipling at un seasonable times, or after nine o'clock at night, five shillings, for every offence in these perticulars, being lawfully convicted thereof; and for want of payment, such shall be imprisoned untill they pay, or be sett in the stocks, one houre or more, in some open place, as the weather will permitt, not exceed ing three houres at one time etc." This salutary provision of the Code is designated
in the statement of grievances which precedes it as a strict lawe and rule regulating the business of iiikcepers. Drinking excessively is defined as imbibing more than a half pint of wine at a time, or a continuous quenching of thirst for more than half an hour, or at unreasonable times, or after nine at night. These criterions are indeed unique and must have put the lover of brisk liquid constantly on his guard. The nine o'clock limitation is characteristic of the times. " Unreasonable times " is difficult to construe. It may mean that the colonists had regular hours for drinking. How different are these provi sions from the modern laws governing the sale of intoxicating liquors. The colonial restrictions are gross violations of individual liberty, for every man must in these particu lars be his own judge, subject only to such general limitations as are established for the public peace. Such are reasonable, as is evidenced by the modern enactments on the subject. The penalty provided for burglary would at this day be denoted a cruel and unusual punishment. For the first offence the crim inal was branded on the forehead with the letter B. For the second offence he was again branded and severely whipped. For the third offence he was put to death. If committed on the Lord's day the crime was highly aggravated. An additional penalty for the first offence was provided. One of his ears was cut off. If again convicted, off went his other ear, and death followed a third offence. Burglary is a heinous crime, yet hardly merits such severe punishments. Human life was held in small esteem in these days. Rebellious children, perjurers, ab ductors and witches were put to death.
