y-one_ years of age, or any
other, that hath not already accustomed himself to the use thereof, to
take any tobacko untill he hath brought a certificate under the hands
of some who are approved for knowledge and skill in phisick, that it
is useful for him, and also that hee hath received a lycense from the
Courte for the same. And for the regulating of those, who either by
their former taking it, have to their own apprehensions, made it
necessary to them, or uppon due advice are persuaded to the use
thereof,--

"_It is ordered_, that no man within this colonye, after the
publication hereof, shall take any tobacko publiquely in the
streett, high wayes or any barne yardes, or uppon training dayes,
in any open places, under the penalty of six-pence for each offence
against this order, in any the particulars thereof, to bee paid
without gainsaying, uppon conviction, by the testimony of one
witness, that is without just exception, before any one magistrate.
And the constables in the severall townes are required to make
presentment to each particular courte, of such as they doe
understand, and can evict to bee transgressors of this order."

In the old Massachusetts colony laws, is an act with a penalty for those,
who should "smoke tobacco within twenty poles of any house, or shall
take tobacco at any Inn or victualling house, except in a private room,
so as that neither the master nor any guest shall take offence thereat."

In the early records of Harvard University is a regulation ordering that
"no scholar shall take tobacco unless permitted by the President, with
the consent of his parents, on good reason first given by a physician,
and then only in a sober and private manner."

At a town-meeting in Portsmouth, N.H. in 1662, it was "ordered that
a cage be built, or some other means devised, at the discretion of the
Selectmen, to punish such as take tobacco on the Lord's day, in time
of publick service." But it does not appear that this measure had all
the effect intended, for, ten years afterwards, the town "voted that if
any person shall smoke tobacco in the meeting-house during religious
service, he shall pay a fine of five shillings for the use of the town."

But all these forces have been vanquished, and this one weed is the
conqueror. Regardless of collegial and town regulations, of provincial
laws, and of royal, parliamentary and papal power, tobacco has kept on
its way, ti