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[Joel Berson]

A Massachusetts law of 1637 stated that "the true use" of "inns & common victualing houses" was "the necessary releefe of travelers" (not residents).  It prohibited keepers of such houses from selling "any wine, strong waters, beer, or other drink" than that which could and would be sold for at most 1d the quart.  It prohibited such persons from brewing their own beer to sell, except in towns lacking a "common brewer" and then only by permission of the [General] Court, the Court of Assistants, or two of the counselors.
This law ordered that no one "inhabiting in this jurisdiction [meaning the entire Massachusetts Bay colony] shall lodge or remain in any such inn or common victualling house longer than for their necessary occasions".  Residents of a town presumably had only short-term needs to stop at a "victualling house" for food or a tavern for liquid refreshment, and had homes to stay at overnight; they were not permitted "mispence of precious time in a tavern.  Travelers would need more time in a town for their "necessary occasions", and could stay longer at an inn or tavern, including overnight; but they had to move on once their business in town was accomplished.

Constables were ordered to diligently search for offenses, and report them to the next Court.  

No one was permitted to brew any beer or other drink to sell wholesale or retail who was not licensed.  Thus home brewing for family use was permitted.  Since "Captaine Sedgwick"s efforts had been received with pleasure -- he had already "set vp a brew house at his greate charge, & very commodious for this part of the country" -- he was by this law now licensed.  In Crafty Bastards, Clark cites this as "the first commercial brewing license in the New World", presumably from the same source I'm using.  (I would not be so bold, and claim only New England -- what do I know of brewing in the West Indies and South America and Canada?)

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One could trace later laws to see how long these strictures lasted.  And surely town residents idled in taverns despite the laws, perhaps increasingly after the Restoration and in the 18th century with royal government under the second charter.

Joel

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