Chronology:Bans
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370c.1 Saint Augustine Recalls Punishment for Youthful Ball Games
Game:
Age of Players:
Notables:
Saint Augustine
In his Confessions, Augustine of Hippo - later St. Augustine - recalls his youth in Northern Africa, where his father served as a Roman official. "I was disobedient, not because I chose something better than [my parents and elders] chose for me, but simply from the love of games. For I liked to score a fine win at sport or to have my ears tickled by the make-believe of the stage." [Book One, chapter 10] In Book One, chapter 9, Augustine had explained that "we enjoyed playing games and were punished for them by men who played games themselves. However, grown up games are known as 'business. . . . Was the master who beat me himself very different from me? If he were worsted by a colleague in some petty argument, he would be convulsed in anger and envy, much more so than I was when a playmate beat me at a game of ball."
Sources:
Saint Augustine's Confessions, Book One, text supplied by Dick McBane, February 2008.
Query:
Can historians identify the "game of ball" that Augustine might have played in the fourth Century? Are the translations to "game of ball," "games," and "sport" still deemed accurate?
Circa
370
1100s.1 "Pagan" Ball Rites Observed in France in 1100s and 1200s
Tags:
Henderson: "The testimony of Beleth and Durandus, both eminently qualified witnesses, clearly indicates that in the twelfth and thirteenth centuries the ball had found a place for itself in the Easter celebrations of the Church." In fact, Beleth and Durandus had both opposed the practice, seeing it as the intrusion of pagan rites into church rites. "There are some Churches in which it is customary for the Bishops and Archbishops to play in the monasteries with those under them, even to stoop to the game of ball" [Beleth, 1165]. "In certain places in our country, prelates play games with their own clerics on Easter in the cloisters, or in the Episcopal Palaces, even so far as to descend to the game of ball" [Durandus, 1286].
Note: This source appears to be Henderson, Robert W., Ball, Bat and Bishop: The Origins of Ball Games [Rockport Press, 1947], pp. 37-38. Page 37 refers to an 1165 prohibition and page 38 mentions 12th and 13th Century Easter rites. Henderson identifies two sources for the page 38 statement: Beleth, J., "Rationale Divinorum Officiorum," in Migne, J. P., Patrologiae Curius Completus, Ser 2, Vol. 106, pp. 575-591 [Paris, 1855], and Durandus, G., "Rationale Divinorum Officiorum," Book VI, Ch 86, Sect. 9 [Rome, 1473]...Henderson does not say that these rites involved the use of sticks.
Decade
1100s
1330.1 Vicar of Winkfield Advises Against Bat/Ball Games in Churchyards; First Stoolball Reference?
Game:
"Stoolball was played in England as early as 1330, when William Pagula, Vicar of Winkfield, near Windsor, wrote in Latin a poem of instructions to parish priests, advising them to forbid the playing of all games of ball in churchyards: "Bats and bares and suche play/Out of chyrche-yorde put away."
Henderson, Robert W., Ball, Bat and Bishop: The Origins of Ball Games [Rockport Press, 1947], p. 74. Note: The Vicar's caution was translated in 1450 by a Canon, John Myrc. Henderson's ref 120 is Mirk [sic], J., "Instructions to Parish Priests," Early English Text Society, Old Series 31, p. 11 [London, 1868]. A contemporary of Myrc in 1450 evidently identified the Vicar's targets as including stoolball. Block [p. 165] identifies the original author as William de Pagula. Writing in 1886, T. L. Kington Oliphant identifies "bares" as prisoner's base: "There is the term "bace pleye," whence must come the "prisoner's base;" this in Myrc had appeared as the game of "bares." Kington Oliphant does not elaborate on this claim, and does not comment on the accompanying term "bats" in the original. The 1886 reference was provided by John Thorn, 2/24/2008
Year
1330
1363.1 Englishmen Forbidden to Play Ball; Archery Much Preferred
Tags:
Edward III wrote to the Sheriff of Kent, and evidently sheriffs throughout England. Noting a relative neglect of the useful art of archery, the King said he was thereby, on festival days, "forbidding, all and single, on our orders, to toy in any way with these games of throwing stones, wood, or iron, playing handball, football, "stickball," or hockey, . . . which are worthless, under pain of imprisonment." The translator uses "stickball" as a translation of the Latin "pila cacularis," and suggests that it might have been an early form of cricket. We might also ask whether it was referring to early stoolball.
A. R. Myers, English Historical Documents (Routledge, 1996), page 1203. [Viewed online 10/16/08]. Provided in email from John Thorn, 2/27/2008. Myers' citation is "Rymer, Foedera, III, ii, from Close Roll, 37 Edward III [Latin]."
Caveat: The content of this entry resembles that of #1365.1 below, and both refer to a restriction imposed by Edward III. However that entry, stemming from Strutt, refers to "club-ball" instead of "stick-ball," and identifies the Latin as "pilam bacculoream," not "pila cacularis." It is possible that both refer to the same source. Strutt’s text reads: “The recreations prohibited by proclamation in the reign of Edward III., exclusive of the games of chance, are thus specified; throwing of stones, wood, or iron….” The accompanying footnote reads: “Pilam manualtm, ptdinam, el bacculoream, et ad cambucam, etc.” Also: the letter to Kent is elsewhere dated 1365, which could be consistent with Edward III's 37th year under the crown, but Myers uses 1363.
Note: this entry replaced the former entry #1365.1: "In 1365 the sheriffs had to forbid able-bodied men playing ball games as, instead, they were to practice archery on Sundays and holidays." Source: Hassall, W. O., [compiler], "How They Lived: An Anthology of Original Accounts Written Before 1485" [Blackwell, Oxford University Press, 1962], page 285. Submitted by John Thorn, 10/12/2004.
Year
1363
1365.1 Edward III Prohibits Playing of Club-Ball.
Notables:
Edward III
"The recreations prohibited by proclamation in the reign of Edward III, exclusive of the games of chance, are thus specified; the throwing of stones, wood, or iron; playing at hand-ball, foot-ball, club-ball, and camucam, which I take to have been a species of goff . . . ." Edward III reigned from 1327 to 1377. The actual term for "club-ball" in the proclamation was, evidently, "bacculoream."
This appears to be one of only two direct references to "club-ball" in the literature. See #1794.2, below.
Caveat: David Block argues that, contrary to Strutt's contention [see #1801.1, below], club ball may not be the common ancestor of cricket and other ballgames. See David Block, Baseball Before We Knew It, pages 105-107 and 183-184. Block says that "pilam bacculoream" translates as "ball play with a stick or staff." Note: We seem not to really know what "camucam" was. Nor, of course, how club ball was played, since the term could have denoted a form of tennis or field hockey or and early form of stoolball or cricket. Edward II had issued a ban of his own in 1314, regarding football.
Year
1365
1477.1 List of Banned Games May Include Distant Ancestors of Cricket?
A Westminster statute, made to curb gambling by rowdy soldiers upon their return from battle, reportedly imposed sanctions for "playing at cloish, ragle, half-bowls, handyn and handoute, quekeborde, and if any person permits even others to play at such games in his house or yard, he is to be imprisoned for three years; as also he who plays at such game, to forfeit ten pounds to the king, and be imprisoned for two years."
Observations Upon the Statutes, Chiefly the More Ancient, from Magna Charta to the Twenty-first [Year] of James the First, etc. (Daines Barrington, London, 1766), page 335.
The author adds: "This is, perhaps, the most severe law which has ever been made in any country against gaming, and some of the forbidden sports seem to have been manly exercises, particularly the handing and handoute, which I should suppose to be a kind of cricket, as the term hands is still retained in that game [for what would later be known as innings].
An1864 writer expands further: "Half-bowls was played with pins and one-half of a sphere of wood, upon the floor of a room. It is said to be still played in Hertfordshire under the name of rolly-polly. Hand-in and hand-out was a ring-game, played by boys and girls, like kissing-ring [footnote 31]." John Harland, A Volume of Court Leet Records of the Manor of Manchester in the Sixteenth Century (Chetham Society, 1864), p 34. Accessed 1/27/10 via Google Books search ("court leet" half-bowls). "Roly-poly" and hand-in/hand-out are sometimes later described as having running/plugging features preserved in cat games and early forms of base ball. Thus, these prohibitions may or may not include games resembling baseball. Query: Can residents of Britain help us understand this ancient text?
Year
1477
1478.2 Parliament Speaks: Jail or Fine for Unlawful Gameplaying
Tags:
An Act of Parliament forbade unlawful games as conducive to disorder and as discouraging the practice of archery. The games that were forbidden, under penalty of two years' imprisonment or a fine of ten pounds, were these: quoits, football, closh, kails, half-bowls, hand-in and hand-out, chequer-board.
This Act is cited as Rot. Parl. VI, 188. Information provided by John Thorn, email of 2/27/2008.
Caveat: The list of proscribed games is similar to the Edward III's prohibition [see #1363.1 above] adding "hand-in and hand-out" in place of a game translated as "club-ball" or "stick-ball." We are uncertain as to whether hand-in and hand-out is the ancestor of a safe-haven game.
Year
1478
1538.1 Easter Ball Play at Churches Ends in France
Tags:
"Certain types of ball games had a prominent place in heathen rituals and were believed to promote fertility. Even after Christianity had gained the ascendancy over the older religion, ball continued to be played in the churchyard and even within the church at certain times. In France, ball was played in churches at Easter, until the custom was abolished in 1538. In England, the practice persisted up to a much later date."
The abolition in France is attributed to an act of the French Parlement.
Sources:
Brewster, Paul G., American Nonsinging Games [University of Oklahoma Press, Norman OK, 1953] pp. 79-89. Submitted by John Thorn, 6/6/04. Brewster gives no source for the French dictum, nor for the "later date" when Easter play ceased in England.
Bob Tholkes (email of 10/4/2017) found a later source: Dawn Marie Hayes, “Earthly Uses of Heavenly Spaces: Non-Liturgical Activities in Sacred Place”, in Studies in Medieval History & Culture, Francis G. Gentry, ed., Routledge, 2003, p. 64.
Query:
Can the actual text be retrieved?
Year
1538
1583.1 Pre-teens Risk Dungeon Time For Selves, or Their Dads, by Playing Ball
Tags:
"Whereas this a great abuse in a game or games used in the town called "Gede Gadye or the Cat's Pallet, and Typing or hurling the Ball," - that no mannor person shall play at the same games, being above the age of seven years, wither in the churchyard or in any of the streets of this town, upon pain of every person so playing being imprisoned in the Doungeon for the space of two hours; or else every person so offending to pay 6 [pence] for every time. And if they have not [wherewithal] to pay, then the parents or masters of such persons so offending to pay the said 6 [pence] or to suffer the like imprisonment." (Similar language is found in 1579 entry [page 148], but it lacked the name "Typing" and did not mention a ball.)
John Harland, editor, Court Leet Records of the Manor of Manchester in the Sixteenth Century (Chetham Society, 1864), page 156. Accessed 1/27/10 via Google Books search: "court leet" half-bowls. Note: The game gidigadie is not known to us, but the 1864 editor notes elsewhere (page 149, footnote 61) that was "not unlikely" to be tip-cat, and he interprets "typing" as tipping. As later described [see "Tip-Cat" and "Pallet" at http://retrosheet.org/Protoball/Glossary.htm], tip-cat could be played with a cat or a ball, and could involve running among holes as bases. Caveat: we do not yet know what the nature of the proscribed game was in Elizabethan times.
Year
1583
1656.1 Dutch Prohibit "Playing Ball," Cricket on Sundays in New Netherlands.
Tags:
Game:
In October 1656 Director-General Peter Stuyvesant announced a stricter Sabbath Law in New Netherlands, including fine of a one pound Flemish for "playing ball," . . . cricket, tennis, ninepins, dancing, drinking, etc.
Sources:
Source: 13: Doc Hist., Volume Iv, pp.13-15, and Father Jogues' papers in NY Hist. Soc. Coll., 1857, pp. 161-229, as cited in Manual of the Reformed Church in America (Formerly Ref. Prot. Dutch Church), 1628-1902, E. T. Corwin, D.D., Fourth Edition (Reformed Church in America, New York, 1902.) Provided by John Thorn, email of 2/1/2008.
See also:Esther Singleton, Dutch New York (Dodd Mead, 1909), as cited in Thomas L. Altherr, “There is Nothing Now Heard of, in Our Leisure Hours, But Ball, Ball, Ball,” The Cooperstown Symposium on Baseball and American Culture 1999 (McFarland, 2000), pp. 190. [Pages ix and 202 and 302 in Singleton touch on "ball-playing" in this period.]
Warning:
The reference to cricket resulted from the translation of the Dutch word "balslaen" into "cricket." Others have apparently translated it as "tennis."Further, "ball-playing" is a translation from "kaetsen."
Comment:
Singleton notes on p. ix that "Shrovetide was the Saturnalia of the lower classes," citing "joyous pastimes as all kinds of racing, and ball-playing in the streets. . ." On p. 202 she cites a stern 1667 ordinance discouraging Sunday play of "ball playing, rolling nine-pins or bowls, etc." On p. 302 she cites a January 1656 proclamation forbidding "all labour, tennis-playing, ball-playing," among other activities. Protoball does not see a ref to cricket in these sections.
Query:
Note: It would be useful to ascertain what Dutch phrase was translated as "playing ball," and whether the phrase denotes a certain type of game. The population of Manhattan at this time was about 800 [were there enough resident Englishmen to sustain cricket?], and the area was largely a fur trading post. Is it possible that the burghers imported this text from the Dutch homeland?
Can anyone out there google in Dutch?
Year
1656
1656.3 Cromwellians Needlessly Ban Cricket from Ireland
Tags:
Simon Rae writes that the "killjoy mentality reached its zenith under the Puritans, during the Interregnum, achieving an absurd peak when cricket was banned in Ireland in 1656 even though the Irish didn't play it." Evidently, hurling was mistaken for cricket.
Simon Rae, It's Not Cricket: A History of Skulduggery, Sharp Practice and Downright Cheating in the Noble Game (Faber and Faber, 2001), page 46. Note: Rae does not document this event.
Year
1656
1657.1 Boston Bans Foot Ball
Tags:
Game:
Age of Players:
In 1657 the play of "foot-ball" in the streets of Boston was banned, on fine of 20 shillings. The banning of ball games on city streets has a long history in the U.S.! Hartford CT similarly banned foot ball in 1818, Norwich in 1827, Nantucket in 1824, Washington DC in 1853, Utica NY in 1808, Cincinnati prior to 1860, and Poughkeepsie in 1829.
Sources:
Scudder, "An Historical Sketch of the Oneida Foot Ball Club of Boston, 1862-1865" (1926).
Comment:
These early "foot ball" games were probably akin to modern soccer/football. "Foot ball" was played by West Point cadets c. 1822 (Samuel Heintzelman) and 1840 (James Longstreet). In the 1850-51 American Arctic Expedition, when the ships were stranded by the ice, the sailors amused themselves by playing foot ball on the ice. See Harpers New Monthly Magazine, vol. 4, p. 20.
Year
1657
1659.1 Stuyvesant: No Tennis, Ball-Playing, Dice on Fast Day
Tags:
"We shall interdict and forbid, during divine service on the [fasting] day aforesaid, all exercise and games of tennis, ball-playing, hunting, plowing and sowing, and moreover all unlawful practice such as dice, drunkenness . . ." proclaimed Peter Stuyvesant. Stuyvesant was Director-General of New Netherlands.
Manchester, Herbert, Four Centuries of Sport in America (Publisher?, 1931). Email from John Thorn, 1/24/097. Query: Can we determine what area was affected by this proclamation? How does this proclamation relate to #1656.1 above?
Year
1659
1660c.3 New Netherland (Later NYC) Bans "Balslaen" on the Sabbath
Tags:
Location:
Game:
Age of Players:
(summarizing rules of the Sabbath in the New Netherland colony)
" . . . exercises and amusement, drinking {themselves} drunk, frequenting taverns or taphouses, dancing, playing cards, ticktacken {backgammon}, balslaen {literally: "hitting the ball"}, clossen {bowling}, kegelen {nine pins}, going boating, traveling with barges, carts, or wagons, before, between, or during the Holy worship."
Note: one translator used the term "cricket" for "balslaen."
Sources:
Jaap Jacobs, The Colony of New Netherland: A Dutch Settlement in Seventeenth-Century America (Cornell U. Press: Ithaca, 2009), p. 244.
Pam Bakker, who reported this find, notes that Jacobs' sources include: B. Fernow (ed.) and E. B. O'Callahan (trans.), The Records of New Amsterdam from 1653 to 1674 Anno Domini (7 vols, New York 1897, 2nd ed. Baltimore 1976, 1:24-26); also Ch. T. Gehring (trans. and ed.), Laws and Writs of Appeal 1647-1663 (New Netherland Documents Series, vol. 16, part 1) (Syracuse 1991 and this on p. 71); and thirdly E. B. O'Callagham (trans.) Laws and Ordinances of New Netherland, 1636-1674 (Albany 1868 on p. 259).
See her full find below under Supplemental Text.
Comment:
(Jacobs) says that unfortunately "balslaen" has been translated as cricket but it simply means hitting the ball.
Query:
Can we determine whether 17th-century balslaen was a batting/baserunning game, or was it in the field-hockey, or handball, or golf, families of games?
Was "New Netherland" confined to the Manhattan area or did it extend northward into the Hudson River valley?
Is "circa 1660" a defensible approximation for this find?
Was balslaen played in Holland? Could it have influenced English ballplaying, including cricket and English base ball??
Circa
1660
1676.1 The "Citty of New Yorke" Sets a Fine for Sunday "Gameing or Playing: Ten Guilders
Tags:
The Mayor and Aldermen of New York that none should "att any Time hereafter willfully or obstinately prophane the Sabbath daye by . . . Playinge att Cards Dice Tables or any other Vnlawful Games whatsoeuer," banning "alsoe the disorderly Assemblyes of Children In ye Streets and other Places To the disturbance of Others with Noyse." Consequences? "Ye Person or Persons soe found drinkinge Gameing or Playing Either in Priuate or Publicke Shall forfeict Tenn Guildrs for Euery such offence." Note that ballplaying was not specifically prohibited.
Sources:
Dated November 13, 1676. Laws of the City of New York [Publication data?], page 27.
Year
1676
1700c.2 Wicket Seen on Boston Common . . . But Never on Sunday (No Strolling, Either)
Tags:
Game:
"Close of the 17th century: . . . The Common was always a playground for boys - wicket and flinging of the bullit was much enjoyed . . . . No games were allowed to be played on the Sabbath, and a fine of five shillings was imposed on the owner of any horse seen on the Common on that day. People were not even to stroll on the Common, during the warm weather, on Sunday."
Sources:
Samuel Barber, Boston Common: A Diary of Notable Events, Incidents and Neighboring Occurrences (Christopher Publishing, Boston, 1916 - Second Edition), page 47.
Comment:
Note: This book is in the form of a chronology. Barber gives no source for the wicket report.
Circa
1700
1738.1 Two New Yorkers Get Guard House Sentence for Ballplaying At Time of Religious Rites
Tags:
Location:
Age of Players:
"Turning now from these serious offences against public order, we find accounts of numerous violations common to most communities, even at the present day. These acts varied in the degree of their gravity. From the court records we learn of such minor offenders as Joseph and Edward Anderson, who were arrested for grievously assaulting a watchman who was marching them to the guard house for playing with a bat and ball during the time of divine service.
(Thanks to Tom Dyja for reporting this very early evidence.)
Sources:
George Edwards, New York as Eighteenth Century Municipality (Columbia University Press, 1917), pp. 116-117
Edwards' citation: "Minutes of Quarter Sessions, May 4, 1738."
Comment:
As of January 2023, this appears to be one of Protoball's ten earliest reports of ballplaying in the United States, and the third to appear in what is now New York City. It may be the first know legal action taken against ballplaying.
Year
1738
1771.1 Dartmouth President Finds Gardening "More Useful" Than Ballplaying
Game:
Age of Players:
Dartmouth College's founding president Eleazar Wheelock thought his students should "turn the course of their diversions and exercises for their health, to the practice of some manual arts, or cultivation of gardens and other lands at the proper hours of leisure." That would be "more useful" than the tendency of some non-Dartmouth students to engage in "that which is puerile, such as playing with balls, bowls and other ways of diversion."
Sources:
Eleazar Wheelock, A Continuation of the Narrative [1771], as quoted in W. D. Quint, The Story of Dartmouth College (Little, Brown, Boston, 1914) , page 246. Submitted by Scott Meacham, 8/21/06. Dartmouth is in Hanover NH.
Year
1771
1771.2 Province of New Hampshire Prohibits Christmas "Playing With Balls" in the Streets
"WHEREAS as iit often happens that many disorders are occasioned within the town of Portsmouth . . . by boys and fellows playing with balls in the public street: . . . [when] there is danger of breaking the windows of any building, public or private, may be ordered to remove to any place where there shall be no such danger."
Sources:
"An Act to prevent and punish Disorders usually committed on the twenty-fifth Day of December . . . ," 23 December 1771, New Hampshire (Colony) Temporary Laws, 1773 (Portsmouth, NH), page 53. Per Thomas L. Altherr, "A Place Leavel Enough to Play Ball," reprinted in David Block, Baseball Before We Knew It, ref # 25.
Year
1771
1780.10 Dartmouth College Fine for Ballplay - Two Shillings
Age of Players:
"If any student shall play ball or use any other diversion that exposes the College or hall windows within three rods of either he shall be fined two shillings . . . " In 1782 the protected area was extended to six rods.
-- Dartmouth College, 1779.
Sources:
John King Lord, A History of Dartmouth College 1815-1909 (Rumford Press, Concord NH, 1913), page 593. Per Thomas L. Altherr, "Chucking the Old Apple: Recent Discoveries of Pre-1840 North American Ball Games," Base Ball, Volume 2, number 1 (Spring 2008), page 35 and refs #38 through 40. See also Chron entry #1771.1.
Year
1780
1784.1 UPenn Bans Ball Playing Near Open University Windows
Location:
"[The college] yard is intended for the exercise and recreation of the youth . . . [but don't] "play ball against any of the wall of the University, whilst the windows are open."
Sources:
RULES for the Good Government and Discipline of the SCHOOL in the UNIVERSITY of PENNSYLVANIA (Francis Bailey, Philadelphia PA, 1784). Per Thomas L. Altherr, "A Place Leavel Enough to Play Ball," reprinted in David Block, Baseball before We Knew It, p. 239 (ref #41.)
Comment:
Does it sound like hand ball ("fives") may be the troublesome type of play?
Year
1784
1787.1 Ballplaying Prohibited at Princeton - Shinny or Early Base Ball?
Tags:
Age of Players:
"It appearing that a play at present much practiced by the smaller boys . . . with balls and sticks," the faculty of Princeton University prohibits such play on account of its being dangerous as well as "low and unbecoming gentlemen students."
Sources:
Quoted without apparent reference in Henderson, pp. 136-7. Sullivan, on 7/29/2005, cited Warnum L. Collins, "Princeton," page 208, per Harold Seymour's dissertation.
Wallace quotes the faculty minute [November 26, 1787] in George R. Wallace, Princeton Sketches: The Story of Nassau Hall (Putnam's Sons, New York, 1894), page 77, but he does not cite Collins. The Wallace book was accessed 11/16/2008 via Google Book search for "'princeton sketches.'" The college is in Princeton NJ.
Warning:
Caveat: Collins - and Wallace -believed that the proscribed game was shinny, and Altherr makes the same judgment - see Thomas L. Altherr, "Chucking the Old Apple: Recent Discoveries of Pre-1840 North American Ball Games," Base Ball, Volume 2, number 1 (Spring 2008), pages 35-36.
Comment:
Note: Princeton was known as the College of New Jersey until 1896.
Query:
Can we determine why this "shiny" inference was made?
Year
1787
1791.1 "Bafeball" Among Games Banned in Pittsfield MA - also Cricket, Wicket
Tags:
Location:
In Pittsfield, Massachusetts, in order to promote the safety of the exterior of the newly built meeting house, particularly the windows, a by-law is enacted to bar "any game of wicket, cricket, baseball, batball, football, cats, fives, or any other game played with ball," within eighty yards of the structure. However, the letter of the law did not exclude the city's lovers of muscular sport from the tempting lawn of "Meeting-House Common." This is the first indigenous instance of the game of baseball being referred to by that name on the North American continent. It is spelled herein as bafeball. "Pittsfield is baseball's Garden of Eden," said Pittsfield Mayor James Ruberto.
An account of this find (a re-find, technically) is at John Thorn, "1791 and All That: Baseball and the Berkshires," Base Ball: A Journal of the Early Game, Volume 1, Number 1 (Spring 2007) pp. 119-126.
See also http://sports.espn.go.com/mlb/news/story?id=1799618.
Sources:
Per John Thorn: The History of Pittsfield (Berkshire County),Massachusetts, From the Year 1734 to the Year 1800. Compiled and Written, Under the General Direction of a Committee, by J. E. A. Smith. By Authority of the Town. [Lea and Shepard, 149 Washington Street, Boston, 1869], 446-447. The actual documents themselves repose in the Berkshire Athenaeum.
Comment:
While this apppears to be the first American use of the term "base ball," see item 1786.1 above, in which a Princeton student notes having played "baste ball" five years earlier. See item 1786.1.
The town of Northampton MA issued a similar order in 1791, but omitted base ball and wicket from the list of special games of ball. See item 1791.2. Northampton is about 40 miles SE of Pittsfield.
John Thorn's essay on the Pittsfield regulation is found at John Thorn, "The Pittsfield "Baseball" By-law: What it Means," Base Ball Journal (Special Issue on Origins), Volume 5, Number 1 (Spring 2011), pages 46-49.
Year
1791
1791.2 Northampton MA Prohibits Downtown Ballplaying (and Stone-Throwing)
Tags:
Location:
Game:
"Both the meeting-house and the Court House suffered considerable damage, especially to their windows by ball playing in the streets, consequently in 1791, a by-law was enacted by which 'foot ball, hand ball, bat ball and or any other game of ball was prohibited within ten rods of the Court House easterly or twenty rods of the Meeting House southwesterly, neither shall they throw any stones at or over the said Meeting House on a penalty of 5s, one half to go to the complainant and the rest to the town.'"
Sources:
J. R. Trumbull, History of Northampton, Volume II (Northampton, 1902), page 529. Contributed by John Bowman, May 9, 2009.
Comment:
It is interesting that neither base-ball nor wicket is named in a town that is not so far from Pittsfield. See item 1791.1.
Year
1791
1795.1 Portsmouth NH Bans Cricket and Other Ball Games
Tags:
Game:
In March 1795 Portsmouth NH imposed a fine of from 50 cents to $3.30 pus court costs for those who "play cricket or any game in which a ball is used."
Sources:
By-Laws of the Town of Portsmouth, Passed at their Annual Meeting Held March 25, 1795 (John Melcher, Portsmouth), pp. 5 - 6. Per Thomas L. Altherr, "A Place Leavel Enough to Play Ball," reprinted in David Block, Baseball before We Knew It. See page 244 and ref #67.
Year
1795
1795.4 Deerfield's Fine for Playing Ball: Six Cents
Tags:
A long list of punishable offenses at Deerfield included six cents for "playing ball near school." This was a minor fine, the same sanction as getting a drop of tallow on a book, tearing a page of a book, or leaving one's room during study. In contrast, a one dollar assessment was made for playing cards, backgammon, or checkers, or walking or visiting on Saturday night or Sunday.
.
Sources:
Marr, Harriet Webster, The Old New England Academies Founded Before 1826 [Comet Press, New York, 1959], page 142.
Year
1795
1797.2 Newburyport MA Bans Cricket and Other Ball Games
Tags:
Game:
"Voted and ordered, that if any person shall play at foot-ball, cricket,or any other play or game with a ball or balls in any of the streets, lanes, or alleys of this town, . . ." a fine of 25 cents to one dollar was to be assessed.
Sources:
Bye-Laws of Newburyport: Passed by the Town at Regular Meetings, and Approved by the Court of General Justice of the Peace for the County of Essex, Agreeably to a Law of this Commonwealth (Newburyport, 1797), p. 1. Per Thomas L. Altherr, "A Place Leavel Enough to Play Ball," reprinted in David Block, Baseball before We Knew It, page 244 and ref #68.
Year
1797
1797.3 Fayetteville NC Bans Sunday Ballplaying by African-Americans
Tags:
Location:
Gilbert, Tom, Baseball and the Color Line [Franklin Watts, NY, 1995], p.38. Per Millen, note # 15.
Year
1797
1797.5 In NC, Negroes Face 15 Lashes for Ballplaying
Tags:
Location:
Age of Players:
A punishment of 15 lashes was specified for "negroes, that shall make a noise or assemble in a riotous manner in any of the streets [of Fayetteville NC] on the Sabbath day; or that may be seen playing ball on that day."
Sources:
North-Carolina Minerva (March 11, 1797), excerpted in G. Johnson, Ante-Bellum North Carolina: A Social History (Chapel Hill NC, 1937), page 551; as cited in Thomas L. Altherr, "Chucking the Old Apple: Recent Discoveries of Pre-1840 North American Ball Games," Base Ball, Volume 2, number 1 (Spring 2008), page 29.
Year
1797
1800.10 Hudson NY Council Prohibits Boys' Ballplaying, Preserves Turf. Etc.
Tags:
"An ordinance to preserve the turf or soil on the parade, and to regulate the sale of lamb in the city, and also to prevent boys playing ball or hoop on Warren or Front streets, passed the 14th June, 1800."
Hudson [NY] Bee, April 19, 1803. Found by John Thorn, who lives 30 minutes south of the town: email of 2/17/2008.
Year
1800
1803.4 Middlebury College VT Bans Ballplaying
Location:
Age of Players:
"To prevent, as far as possible, the damages before enumerated, viz. breaking of glass, &c. the students in College and members of the Academy shall not be permitted to play at ball or use any other sport or diversion in or near the College-building." [A first offense brought a fine, a second offense brought suspension.]
-- The Laws of Middlebury College, 1803.
Sources:
"Of the location of Students, Damages, and Glass," in Laws of Middlebury-College in Midlebury [sic] in Vermont, Enacted by the President and Fellows, the 17th Day of August, 1803, page 14. Per Thomas L. Altherr, "Chucking the Old Apple: Recent Discoveries of Pre-1840 North American Ball Games," Base Ball, Volume 2, number 1 (Spring 2008), page 35 and ref #37.
Year
1803
1805.1 Williams College Bans Dangerous Ball-playing
Location:
". . . the students in the College and scholars in the Grammar School, shall not be permitted to play at ball, or use any other sport or diversion, in or near the College Edifice, by which the same may be exposed to injury."
Sources:
The Laws of Williams College (H. Willard, Stockbridge, 1805), p. 40. Per Thomas L. Altherr, "A Place Leavel Enough to Play Ball," reprinted in David Block, Baseball before We Knew It, p.239; ref #42.
Year
1805
1805.2 Portland ME Bans "Playing at Bat and Ball in the Streets" in 1805, Retains Ban in 1824
Tags:
Location:
Game:
[A] "[N]o person shall play at the game of bat and ball or shall strike any ball with a bat or other machine in the streets, lanes, or squares of the town on penalty of fifty cents."
[B] "It is ordered by the town, That no person shall play at the game of bat and ball, or shall strike any ball with a bat or other machine, or throw any stones, brickbats, clubs or snow balls, in the streets, lanes, or squares of the town, on penalty of fifty cents for each offence [sic]."
Sources:
[A] By Laws of the Town of Portland, in the County of Cumberland, 2nd Edition (John McKown, Portland, 1805), p. 15. Per Thomas L. Altherr, "A Place Leavel Enough to Play Ball" (2000), reprinted in David Block, Baseball before We Knew It, see p. 244 and note #70.
[B] By-Laws of the Town of Portland, (Adams and Paine, printers, 1824).
Comment:
It seems plausible that the fuller language also appeared in the 1805 printing, but was not reported in Tom's 2000 account.
Query:
Can we imagine what "other machines" were employed to propel balls in the streets of Portland? Note: Additional origins researchers' comments on the meaning or "other machines" is shown in Supplemental Text, below.
Year
1805
1805.9 Belfast ME Had Ballplaying as Early as 1805
Tags:
Location:
"High Street, at Hopkins's Corner, was the favorite battle-ground for ball-players, as early as 1805."
"Ball-playing seems to have been extensively practiced in 1820. At the town meeting that year, it was voted 'that the game of ball, and the pitching of quoits within [a specified area] be prohibited."
Joseph Williamson, History of the City of Belfast (Loring Short and Harmon, Portland, 1877), page 764. Accessed 2/2/10 via Google Books search ("hopkins's corner" ball).
Year
1805
1813.1 Newburyport MA Reminder - "Playing Ball in the Streets" is Unlawful
Tags:
Location:
"Parents and Guardians are also requested to forbid, those under their care, playing Ball in the streets of the town; as by this unlawful practice much inconvenience and injury is sustained." Newburyport [MA] Herald, May 4, 1813, Volume 17, Issue 10, page 1 [classified advertisement]. Submitted by John Thorn 1/24/07. Newburyport MA is about 35 miles north of Boston and near the New Hampshire border.
Year
1813
1815.6 Group at Dartmouth Ponders Worth of Ballplaying, Nocturnal Cowhunting
Location:
Dartmouth College in Hanover NH had a religious society, the Religiosi. "In April, 1815, at one of the meetings, a 'conversation was held on the propriety, or rather the impropriety, of professed [Christians - bracketed in original] joining in the common amusement of ballplaying with the students for exercise.'" Shortly thereafter "there were many spirited remarks on the subject of nocturnal cowhunting, and the society was unanimous in condemning it." John King Lord, A History of Dartmouth College 1815-1909 (Rumford Press, Concord NH, 1913), page 564. Accessed 11/16/2008 via Google Books search of "'history of Dartmouth.'" Note: Did they condone diurnal cowhunting?
Year
1815
1816.1 Cooperstown NY Bans Downtown Ballplaying Near Future Site of HOF
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Location:
On June 6, 1816, trustees of the Village of Cooperstown, New York enacted an ordinance: "Be it Ordained That no person shall play at Ball in Second or West Street (now Pioneer and Main Streets), in this village, under a penalty of one dollar, for each and every offence."
Sources:
Otsego Herald, number 1107, June 6, 1816, p. 3. The Herald carried the same notice on June 13, page 3. Per Thomas L. Altherr, “A Place Leavel Enough to Play Ball: Baseball and Baseball-Type Games in the Colonial Era, Revolutionary War, and Early American Republic.." Nine, Volume 8, number 2 (2000), p. 15-49. Reprinted in David Block, Baseball before We Knew It – see page 245 and ref #75.
Comment:
Note: those streets intersect a half block from the Hall of Fame, right?
Year
1816
1816.2 Worcester MA Ordinance Bans "Frequent and Dangerous" Ball Playing and Hoops"
Tags:
Location:
"[S]uch regulations as will prevent the playing Ball and Hoops in the public Streets . . . a practice so frequent and dangerous, that has occasioned many great and repeated complaints."
Sources:
Worcester, MA Town Records, May 6, 1816; reprinted in Franklin P. Rice, ed., Worcester Town Records, 1801 - 1816, volume X (Worcester Society of Antiquity, 1891), p. 337. Also appears in Henderson, p. 150 [No ref given], and in Thomas L. Altherr, “A Place Leavel Enough to Play Ball: Baseball and Baseball-Type Games in the Colonial Era, Revolutionary War, and Early American Republic.." Nine, Volume 8, number 2 (2000), p. 15-49. Reprinted in David Block, Baseball before We Knew It – see page 244 and ref #72.
Year
1816
1816.8 Troy NY Bans Ballplaying
Tags:
"[N]o person or persons shall play ball, beat, knock or drive any ball or hoop, in, through, or along any street or alley in the first, second, third, or fourth wards of said city; and every person who shall violate either of the prohibitions . . . shall, for each and every such offense, forfeit and pay the penalty of ten dollars."
Sources:
Laws and Ordinances of the Mayor, Aldermen, and Commonality, of the City of Troy. Passed the Ninth Day of December, 1816 (Parker and Bliss, Troy, 1816), page 42. Citation from Thomas L. Altherr, "A Place Leavel Enough to Play Ball," reprinted in David Block, Baseball before We Knew It, page 244 and ref #71.
Year
1816
1816.9 Maine Town Outlaws Ball, Quoits, Sledding
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Location:
"[A]ny person who shall be convicted of sliding down any hill on sleighs, sleds, or boards . . . between Thomas Hinkley's dwelling house & Mr. Vaugh's mill . . . or any who shall play at ball or quoits in any of the streets . . . shall, on conviction, pay a fine of fifty cents for each offence . . . ."
Hallowell [ME] Gazette, December 25, 1816. Hallowell is about 2 miles south of Augusta and 50 miles NE of Portland.
Year
1816
1817.4 In Brunswick ME, Bowdoin College Sets 20-Cent Fine for Ballplaying
Location:
"No student shall, in or near any College building, play at ball, or use any sport or diversion, by which such building may be exposed to injury, on penalty of being fined not exceeding twenty cents, or being suspended if the offence be often repeated."
Sources:
Of Misdemeanors and Criminal Offences, in Laws of Bowdoin College (E. Goodale, Hallowell ME, 1817), page 12. Citation from Thomas L. Altherr, "A Place Leavel Enough to Play Ball," reprinted in David Block, Baseball before We Knew It, page 239.
Comment:
The college is about 25 miles NE of Portland, and near the Maine coast.
Year
1817
1820s.14 New England Lad Recalls Assorted Games, Illicit Fast Day Ballplaying
Game:
Alfred Holbrook was born in 1816. His autobiography, Reminiscences of the Happy Life of a Teacher (Elm Street, Cincinnati, 1885), includes youthful memories that would have occurred in the 1820s.
"The [school-day] plays of those times, more than sixty years ago, were very similar to the plays of the present time. Some of these were "base-ball," in which we chose sides, "one hole cat," "two hole cat," "knock up and catch," Blackman," "snap the whip," skating, sliding down hill, rolling the hoop, marbles, "prisoner's base," "football," mumble the peg," etc. Ibid. page 35. Note: was "knock up and catch" a fungo game, possibly?
"Now, it was both unlawful and wicked to play ball on fast-day, and none of my associates in town were ever known to engage in such unholy enterprises and sinful amusements on fast-days; [p 52/53] but other wicked boys, with whom I had nothing to do, made it their special delight and boast to get together in some quiet, concealed place, and enjoy themselves, more especially because it was a violation of law. Not infrequently, however, they found the constable after them. . . ." "Soon after, this blue law, perhaps the only one in the Connecticut Code, was repealed. Then the boys thought no more of playing on fast-days than on any other." Ibid, pp 52-53.
Decade
1820s
1820.17 "The Game of Ball" Banned in Area of Belfast ME
Tags:
"Ballplaying seems to have been extensively practiced in 1820. At the town meeting of that year, it was voted that 'the game of ball, and the pitching of quoits, within the following limits {main Street to the beach, etc] be prohibited.' High Street, at Hopkins Corner, was the favorite battle-ground for ball-players as early as 1805." Joseph Williamson, History of the City of Belfast in the State of Maine, From its First settlement in1770 to 1875 (Loring & Co., Portland, 1877), page 764. Note: Williamson does not provide original sources for the 1820 ordinance or for the 1805 claim.
Year
1820
1821.3 Schenectady NY Bans "Playing of Ball Against the Building"
Tags:
The Schenectady City Council banned "playing of Ball against the Building or in the area fronting the Building called City Hall and belonging to this corporation . . . under penalty of Fifty cents for each and every offence . . . ." Note: citation needed. Submitted by David Pietrusza via John Thorn, 3/6/2005.
Year
1821
1821.6 Fifty-cent Fine in New Bedford for Those Who Play at Ball
Tags:
Location:
"Any person, who shall, after the first day of July next, play at ball, or fly a kite, or run down a hill upon a sled, or play any other sport which may incommode peacable citizens and passengers in any [illegible: street?] of that part of town commonly called the Village of Bedford" faces a fifty-cent penalty.
"By-Laws for the Town of New-Bedford," New Bedford [MA] Mercury, August 13, 1821. Accessed by subscription search May 5, 2009.
Year
1821
1822.5 Ball-playing Disallowed in Front of Hobart College Residence
Location:
"The rules for Geneva Hall in 1822 are still preserved. The residents were not allowed to cut or saw firewood, or play ball or quoits, in front of the building."
Warren Hunting Smith, Hobart and William Smith; the History of Two Colleges (Hobart and William Smith Colleges, Geneva NY, 1972. Provided by Priscilla Astifan, email of 2/4/2008.
Year
1822
1822.7 New Bedford Bans "Playing at Ball"
Tags:
Game:
Age of Players:
An 1822 bylaw levied a fine to anyone who would “play at ball, fly a kite or run down hill upon a sled… in any street of that part of the town commonly called the Village of New-Bedford”. Thomas Rodman wrote about being “initiated into the mysteries of Foot-ball, Base and every game boys pursue” when he was a student at Friends Academy in the mid-1830s.
Year
1822
1823.5 Providence RI Bans "Playing Ball" in the Streets
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Location:
"The Town of Providence have passed a law against playing ball in any of their public streets; the fine is $2. Why is not the law enforced in this Town? Newport Mercury, April 26, 1823, Vol. 62, Issue 3185, page 2. Submitted by John Thorn 1/24/2007.
In August 2007, Craig Waff [email of 8/17/2007] located the actual ordinance:
"Whereas, from the practice of playing ball in the streets of the town, great inconvenience is suffered by the inhabitants and others: . . . no person shall be permitted to play at any game of ball in any of the publick streets or highways within the limits of this town."
Rhode-Island American and General Advertiser Volume 15, Number 60 (April 25, 1823), page 4, and Number 62 (May 2, 1823), page 4.
Year
1823
1823.10 Hagerstown bans ball playing at the Court House
Tags:
Game:
Age of Players:
The town of Hagerstown, bothered by "boys ... playing at ball against the Court-House," made this a punishable trespass.
Sources:
Hagerstown Herald, Dec. 9, 1823
Year
1823
1825.11 Cricket Prohibited On or Near English Highways, We Mean It
Tags:
Among many column-inches listing things that should never happen on or near a highway, we find: "or fire or let off or throw any squib, rocket serpent, or other firework whatsoever, within eighty feet of the center of such road; or shall bait or run for the purpose of baiting any bull, or play [p. 167/168] at football, tennis [an indoor game then, as far as we know LMc] , fives, cricket, or any other game or games upon such road, or on the side or sides thereof, or in any exposed situation near thereto, to the annoyance of any passenger or passengers . . . " Wm. Robinson, The Magistrate's Pocket-Book; or, and Epitome of the Duties and Practice of a Justice of the Peace (London, 1825), section 87, pp 167-168. Provided by John Thorn, 2/8/2008.
Year
1825
1827.9 Baltimore MD Bans Ballplaying on Sundays and within City Limits
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Location:
"CITY OF BALTIMORE. 36. AN ORDINANCE to restrain evil practices therein mentioned. . . .[Sec. 3] it shall not be lawful for any person to play at bandy or ball, to fly a kite or throw a stone or any other missile in . . . any street, lane, or alley opened for public use within the limits of the city." Section 7 covers Sabbath play, again including ball, and adding "pitching quoits or money." The penalty was $1.00. The ordinance is dated March 2, 1827.
Baltimore Gazette and Daily Advertiser, March 13, 1827, page 3. Posted to the 19CBB listserve November 2009 by George Thompson. Note:
Comment:
One type of ballplaying that was banned was that described by young John Oliver at entry #1825c.4, above.
Year
1827
1828.12 Police Nine 1, Men and Boy Sabbath-Breakers 0
Tags:
It is reported that Alderman Peters of NY's Ninth Ward, "together with High Constable Hays, at the head of eight or ten of the peace Officers . . . arrest a number of men and boys for breaking the Sabbath by playing ball in a vacant lot.:
New York Evening Post, December 22, 1828, page 2, column 2: and Commercial Advertiser, December 23, 1828, page 2, columns 2-3. Contributed by George Thompson, email of January 9, 2009.
Year
1828
1831.6 Ban in Richmond Threatens Fine, Whipping
Tags:
"No person shall raise or fly a Kite, or play at Ball, Bandy, Quoits, or throw stones . . . on any Lane, Street, or Alley or Highway within the City . . . .
-- Richmond VA Ordinance, 1831
"Fines were $3 per offense and 15-20 stripes of whipping for any slave convicted."
Sources:
Ordinances of the Corporation of the City of Richmond, and the Acts of Assembly Relating Thereto, (Richmond Virginia, 1831), page 116. Per Thomas L. Altherr, "Chucking the Old Apple: Recent Discoveries of Pre-1840 North American Ball Games," Base Ball, Volume 2, number 1 (Spring 2008), page 37-38.
Year
1831
1832.9 Norwich CT Sets $2 Fine for Playing Ball
Tags:
Game:
"Be it ordained by the Mayor, Aldermen and Common Council of the city of Norwich . . . That if any person or persons should play at ball, cat ball, or sky ball, or at ball generally . . . in any of the public streets of said city, the person or persons so offending shall forfeit and pay . . . the sum of two dollars; and when any minor or apprentice shall be guilty of a violation of this by-law, the penalty may be recovered from the parent or guardian." The fine also applied to bowling, kite-flying, and hoops. Norwich Courier, Volume 11, Issue 8 (May 16, 1832), page 1. Provided by John Thorn, email of 1/14/2008. Note: "Sky ball?"
Year
1832
1834.9 Town Ball, Other Games on Sabbath Subject to Dollar Fine in Springfield IL
Tags:
Game:
"Any person who shall on the Sabbath day play bandy, cricket, cat, town ball, corner ball, over ball, fives, or any other game of ball, within the limits of the Corporation, or shall engage in pitching dollars, or quoits in any public place, shall on conviction thereof, be fined the sum of one dollar."
Sources:
Illinois Weekly State Journal, June 14, 1834.
Comment:
Richard Hershberger writes: "If I recall correctly, the earliest known cites for "town ball" are reportedly from 1837, from local ordinances in Canton, IL and Indianapolis, IN. This is a similar ordinance, from Springfield, IL, from 1834."
Year
1834
1834.10 Plattsburgh NY Sets Fifty Cent Fine for Ball Play
Tags:
Game:
Age of Players:
"It is ordained, by the Trustees of the Village of Plattsburgh, that no person shall, at any time after the 22d of April, 1834, play ball, either in Bridge-street or Margaret-street, in said Village, under a penalty of fifty cents for each offence, to be sued for and recovered with costs."
This ordinance was approved by the village board of trustees on 4/19/1834.
Sources:
Plattsburgh Republican, April 19, 1834, page 3, column 5.
Comment:
Plattsburgh NY (1840 population not ascertained) is about 70 miles S of Montreal Canada and on the western shore of Lake Champlain. It is about 25 miles S of the Canadian border.
Year
1834
1836.8 New Bedford MA: "No Person Shall Play at Ball"
Tags:
Location:
In June the town wrote new by-laws:
"Section Eighth: No person shall play at ball, fly a kite, or slide down hill upon a sled, or play at other game so as to incommodate peaceable citizens or passengers, in any street, lane, or public place in this town, under a penalty not exceeding one dollar for each offence."
"By-Laws of the Town of New Bedford," New Bedford [MA] Mercury, September 30, 1836. Accessed via subscription search May 5, 2009. Note: See #1821.6 above: this by-law simply adds "public places," and doubles the penalty, for the rule made 15 years earlier.
Year
1836
1837.7 Canton Illinois Bans Sunday Cricket, Cat, Town-Ball, Etc.
Tags:
Location:
Game:
Section 36 of the Canton IL ordinance passed on 3/27/1837 said:
"any person who shall on the Sabbath day play at bandy, cricket, cat, town-ball, corner-ball, over-ball, fives, or any other game of ball, in any public place, shall . . . " [be fined one dollar].
http://www.illinoisancestors.org/fulton/1871_canton/pages95_126.html#firstincorporation, as accessed 1/1/2008. Information provided by David Nevard 6/11/2007. See also #1837.8, below. Canton IL is about 25 miles SW of Peoria.
On January 31, 2010, Jeff Kittel indicated that he has found the text in another source: History of Fulton County, Illinois (Chapman & Co., Peoria, 1879), pp 527-528. Accessed 2/6/10 via Google Books search ("history of fulton" 1879). Jeff, noting that the ban appeared just 37 days after Canton was incorporated, adds:
"It seems that they had a lively community of ballplayers in Fulton County. Obviously, if they're passing laws against the playing of ball, ball-playing is so widely prevalent, and there is such a variety of ball games being played, then pre-modern baseball had been played in the community for some time. It's fascinating that one of the first things they did, upon incorporation, was ban ball-playing on the Sabbath."
Year
1837
1837.8 Well, As Goes Canton, So Goes Indianapolis
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Location:
Game:
Section 34 of an Indianapolis IN ordinance said:
"Any person who shall on the Sabbath day play at cricket, bandy, cat, town ball, corner ball, or any other game of ball within the limits of the corporation, or shall engage in pitching quoits or dollars in any public place therein, shall on conviction pay the sum of one dollar for each offense." [See the very similar #1837.7, above.]
Richard pointed out in 2008 that these very similar regulations give us the earliest citation for the term "town ball" he knows of, but in 2014 he found the very similar 1834 prohibition on Springfield IL at 1834.9.
Sources:
Indiana Journal, May 13, 1837.
Comment:
Note: A dollar fine for "pitching dollars?"
Year
1837
1839.2 NYC Ordinances Permit No Ballplaying, "Or Any Other Sport Whatsoever."
Tags:
On May 8, the New York City By-laws and Ordinancesprohibit ball playing: "No person shall play at ball, quoits, or any other sport or play whatsoever, in any public place in the City of New York, nor throw stones nor run foot races in or over or upon the same, under the penalty of five dollars for each offence."
Source is By-Laws and Ordinances of the Mayor, Aldermen, and Commonality of the City of New York. Revised 1838-1839 [William B. Townsend, New York, 1839], page 215.
Year
1839
1840.35 Carlisle PA Bans Playing Ball
Tags:
"It shall not be lawful for any person or persons . . . to frequent and use the market-house as a place for playing ball or any other game."
-- Carlisle PA Ordinance, 1840
Sources:
"An Ordinance Relating to Nuisances and Other Offences Passed the 30th November, 1840," in Chatter and Ordinances of the Borough of Carlisle (Carlisle Herald Office, Carlisle, 1841), page 43. Per Thomas L. Altherr, "Chucking the Old Apple: Recent Discoveries of Pre-1840 North American Ball Games," Base Ball, Volume 2, number 1 (Spring 2008), page 37 and ref #48. Accessed 11/16/2008 via Google Books search for "carlisle ordinances." Carlisle PA is about 20 miles WSW of Harrisburg in southern PA.
Comment:
The fine was up to $10.
Year
1840
1841.14 NY State Senator Tests the Sabbath Law
Tags:
NY State Senator Minthorne Tompkins, whose property opens on a lot "well calculated for a game of ball . . . has been much diverted of late with the sport of the boys, who have numbers some three hundred strong on [Sabbath Day]. . . . The Sunday officers believing it to be their duty to stop this open violation of the laws of the State, took measures to effect it, but Senator T. believing the law wrong, too measures to sustain it, and when the officers appeared on the ground Sunday fortnight, the Senator also appeared, and told the boys that he would protect them, if they would protect him. Thus they entered into an alliance offensive and defensive, and the officers, after a little brush with the honorable ex-senator, he having given his name as responsible for their deeds, left the premises in charge of the victors, they conceiving that among three hundred opponents, discretion was the greater part of valor. The ex-senator appeared at the upper police before Justice Palmer, and after a hearing, entered bail for an appearance at the Court of Sessions, to answer the offense of interfering with the duties of the officers, etc. He refused to pay the costs of suit . . . . Justice Palmer discovering that the ex-senator's lawyers, John A. Morrill and Thomas Tucker, Esqrs. were about obtaining a writ of habeas corpus, concluded to let him go without getting the costs, in order that the case might be tested before the Court of Sessions. Thus the affair stands at present, and when it comes up before trial will present a curious aspect." New York Herald, December 21,1841. Posted to 19CBB by Richard Hershberger on 2/2/2008.
Richard adds, "Alas, a search does not turn up the resolution to this case".
Year
1841
1845.12 Cleveland OH Bans "Any Game of Ball"
Tags:
Location:
"[I]t shall be unlawful for any person or persons to play at any game of Ball . . . whereby the grass or grounds of any Pubic place or square shall be defaced or injured." (Fine is $5 plus costs of prosecution.)
Cleveland City Council Archives, 1845. March 4, 1845 Link provided by John Thorn 11/6/2006. For an image of the ordinance, go to:
http://omp.ohiolink.edu/OMP/Printable?oid=1048668&scrapid=2742, accessed /2/2008. This site refers to an earlier ban: "Although as earlier city ordinance outlawed the playing of baseball in the Public Square in Cleveland, the public was not easily dissuaded from playing . . . ." Note: is the earlier Cleveland ban findable?
On 3/6/2008, Craig Waff posted a note to 19CBB that in 1857 it was reported that "this truly national game is daily played in the pubic square," but that a city official suggested that it violated a local ordinance (presumably that of 3/4/1845), and then reported that there in fact was no such law. "The crowd sent up a shout and renewed the game, which continued until dark." "Base Ball in Cleveland, Porter's Spirit of the Times, Volume 2, number 7 (April 18, 1857, page 109, column 1.P
Year
1845
1847.19 Woodsfield fines ball players 25 cents
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Game:
Age of Players:
The town of Woodsfield, Ohio, banned "ball playing" on Main St. of the town, on penalty of a 25 cent fine.
The "ball playing" was not further specified.
Sources:
Woodsfield Spirit of Democracy, July 10, 1847
Year
1847
1848.22 Fitchburg Levies $1 fine for Striking balls with a bat-stick
Tags:
Game:
"The Old Records of the 1848. By Laws, of Fitchburg. Articles. By Laws, to be observed by the Town of Fitchburg.
1st If any person shall play at any game of ball, or strike any ball with a bat-stick, or his feet, or shall throw any ball into, in, about, across or along any of the Streets or Roads in the Town of Fitchburg, he shall for each offence forfeit and pay the sum of one Dollar."
Sources:
"the Old Records of the Town of Fitchburg" p. 230
Year
1848
1849.17 Montpelier Threatens Ball Players with prosecution
Tags:
Game:
Age of Players:
Montpelier town council threatened prosecution of "ball playing" within the city limits.
Sources:
Montpelier Vermont Watchman, May 31, 1849
Year
1849
1852.9 Five Fined in Brooklyn NY for Sunday Ballplaying Near a Church
Tags:
Age of Players:
"Yesterday, quite a number of boys were arrested by the police for ball playing and other similar practices in the public streets . . . . [Three were nabbed] for playing ball in front of the church, corner of Butler and Court streets, during divine service. They were fined $2.50 each this morning by Justice King." Two others were fined for the same offense.
Sources:
"Breaking the Sabbath," The Brooklyn Daily Eagle, vol. 11 number 99 (April 26, 1852), page 3, column 1.
Year
1852
1852.12 Ball-playing Prohibited Near UNC Buildings
Age of Players:
"There shall be no ball playing in or among the College buildings or against the walls. All athletic exercises must be kept at a distance, so as to prevent damage to the buildings and interruption to study."
Sources:
Acts of the General Assembly and Ordinances of the Trustees for the Organization and Government of the University of North Carolina (Raleigh, NC; North Carolina Institution for the Dumb and the Blind, 1852), page 21. Per Originals, volume 5, number 5 (May 2012), page 2b
Comment:
Tom Altherr suggests that "The ordinance certainly prohibited handball games, such as fives, but it could have as easily targeted base ball-type games."
This same rule appears in the printed 1829 rules for UNC. [ba]
Year
1852
1855.29 Even the Australians Are Bothered by Sunday Baseball
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Location:
Game:
Age of Players:
"Sabbath Desecration. - A correspondent requests us to call attention to the practice of a number of boys and young men, who congregate in Mr. Wilkinson's paddock, near Patrick and Murray Streets, on Sunday afternoons, for playing at cricket, base-ball, &c., making a great noise, and offending the eyes and ears of persons of moral and religious feeling."
Sources:
Colonial Times[Hobart], Saturday, September 22, 1855, page 3.
Comment:
Subsequent comments on 19CBB from Bob Tholkes and Richard Hershberger [11/23/09] led to conjecture that this form of "base-ball" arrived Down Under directly from its English roots, for in 1855 American presence was largely restricted to the gold fields. Note: Hobart is on the northern coast of the island that has been known as Tasmania since 1856.
Year
1855
1857.7 Daily Base Ball Games Found in Public Square in Cleveland
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Location:
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"Base Ball at Cleveland This truly national game is daily played in the public square, and one of the city authorities decided that there was law against it. When appealed to, he quietly informed the players that there was no law against ball-playing there . . . The crowd sent up a shout and renewed the game, which continued until dark."
Sources:
Porter's Spirit of the Times, April 18, 1857. Facsimile contributed by Gregory Christiano, December 2, 2009.
Comment:
No details on the rules used in these games is provided. Others have dated the arrival of the Association game in Ohio to 1864.
Year
1857
1858.16 Four Jailed for "Criminal" Sunday Play in NJ
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"Report of the City Marshal - City Marshal Ellis reports that for the month ending yesterday, 124 persons were committed to the City Prison, charged with the following criminal offences: Drunkenness, 79; assault, 6; picking pockets, 1; vagrancy, 9; playing ball on Sunday, 4, felonious assault, 1 . . . . Nativity - Ireland, 84; England, 12; Scotland, 4; Germany, 7; United States, 16; colored, 1. Total, 124." Others were jailed for selling diseased meat, perjury, stealing, robbery, and embezzlement.
Sources:
Jersey City Items," New York Times, June 1, 1858, page 8.
Year
1858
1862.11 Banned in Boston's Public Garden: "Games of Ball, Foot-ball"
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"Sect. 10. No person or persons shall, without the consent of the mayor or board of aldermen, engage in games of ball, foot-ball, or other athletic sports, upon the public garden."
Sources:
Ordinance and Rules and Order of the City of Boston (Mudge and Son, Boston, 1869), page 132. Accessed 2/18/10 via Google Book search ("ball, foot-ball" ordinances 1869).
Comment:
A note identifies this section as having been written in 1862, along with one that prohibits shaking carpets on public lands, including streets, lanes, alleys, etc.
Year
1862
1862.62 Atlanta Boys harass pedestrians with flying balls
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The Atlanta Southern Confederacy, April 11, 1862, editorializes against ball playing in the city streets:
"Boys Playing in the Streets... a nuisance...let them go [outside the city] where their balls will not be striking against persons passing the streets...We have no wish to deprive the boys of their pleasure--particularly of the healthful exercise of ball playing--but it is inconvenient and dangerous in our streets."
Unclear whether this is town ball or baseball.
Sources:
The Atlanta Southern Confederacy, April 11, 1862
Year
1862