Last Updated December 1, 2008
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Ballplaying Banned!
A Working Chronology of Prohibitions
Note: This list was derived from
version 10 of the full Protoball Chronology, which was uploaded in December
2008.
-----
370C.1
–
In his Confessions,
Augustine of Hippo – later
Saint
Augustine’s Confessions,
Book One, text supplied by Dick McBane, February 2008. Note:
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?
1100s.1
– “Pagan” Ball Rites Observed in
Note: This source appears to be Henderson, Robert W., Ball, Bat and
Bishop: The Origins of Ball Games [Rockport Press, 1947], p. 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.
1300s.2
– Edward III Prohibits Playing of Club-Ball.
“The recreations prohibited by proclamation
in the reign of Edwad 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.
It’s odd that no specific year is assigned to this proclamation,
and that Strutt cites no reference for it.
1330.1
– Vicar of Winkfield Advises Against Bat/Ball Games in Churchyards; First
Stoolball Reference?
“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.
1363.1
-- Englishmen Forbidden to Play Ball; Archery Much Preferred
Edward III wrote to the Sheriff of
A. R. Myers, English Historical Documents
Caveat:
The content of this entry resembles that of #1300s.2 above, 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.
Also: the letter to
Note: this entry replaces 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.
1478.2
– Parliament Speaks: Jail or
Fine for Unlawful Gameplaying
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.
1656.1
– Dutch Prohibit “Playing Ball,” Cricket on Sundays in New
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. Source: 13: Doc Hist., Vol 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
Note: It would be useful to ascertain what Dutch phrase was translated as
“playing ball,” and whether the phrase denotes a certain type of
ballplay. The population of
1656.3
– Cromwellians Needlessly Ban Cricket from
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
Simon Rae, It’s Not Cricket: A
History of Skulduggery, Sharp Practice and Downright Cheating in the Noble Game
1659.1 -- Stuyvesant: No
Tennis, Ball-Playing, Dice on Fast Day
“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.
1700c.2
– Wicket Seen on
“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.”
Samuel Barber,
1771.2 –
“[M]any
disorders are occasioned within the town of
“An
Act to prevent and punish Disorders usually committed on the twenty-fifth Day
of December . . . , “ 23 December 1771,
1779.6
–
“If any student shall play ball or use any
other deversion [sic] 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. John King Lord, A History of
1784.1 – UPenn Bans
Ball Playing Near Open University Windows
RULES
for the Good Government and Discipline of the SCHOOL in the
1787.1
– Ballplaying Prohibited at
“It appearing that a play at present
much practiced by the smaller boys . . . with balls and sticks,” the
faculty of
Quoted without apparent reference in
1791.1 –
“Bafeball” Among Games Banned in
In
Pittsfield, Massachusetts, 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. “
Per
John Thorn: The History of
1795.1 –
By-Laws
of the Town of
1797.2 –
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 Altherr ref # 68.
1797.3
–
Gilbert, Tom, Baseball and the Color Line,
[Franklin Watts, NY, 1995], p.38. Per Millen, note # 15.
1797.5
–In NC, Negroes Face 15 Lashes for Ballplaying
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
1800.10
--
“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.
1803.4
–
“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
offence brought suspension.
“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
1805.1 – Williams
College Bans Dangerous Ball-playing
The
Laws of
1805.2 –
The
By Laws of the Town of
1813.1 -- Newburyport MA
Reminder -- “Playing Ball in the Streets” is Unlawful
“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.”
1815.6
– Group at
1816.1 –
On
June 6, 1816, trustees of the Village of Cooperstown, New York enact an
ordinance: “That no person shall play at Ball in Second or
Otsego
Herald, number 1107, June 6,
1816, p. 3. The Herald carried the same notice on June 13, page 3. Note:
the intersection cited is a half block from the
1816.2 –
“Ball-playing”
in the streets of
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
1820s.10 –
Philadelphians Play Ball, But Only Over in
A
group of Philadelphians who will eventually organize as the Olympic Ball Club
begin playing town ball in
1820s.14
–
Alfred Holbrook was born in 1816. His autobiography, Reminiscences of
the Happy Life of a Teacher
“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.
1820.17
– “The Game of Ball” Banned in Area of
“Ballplaying seems to have been
extensively practiced in 1820. At
he 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
1821.3 --
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 . . . .” XXX Note: citation needed. Submitted by David Pietrusza via John Thorn, 3/6/2005.
1822.5
– Ball-playing Disallowed in Front of Hobart College Residence
“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 (
1823.5
--
“The Town of
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
1825.11
– Cricket Prohibited On or Near English Highways, and We Mean It
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
“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
1837.7
–
Section 36 of the
“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.
1837.8
– Well, As Goes
Section 34 of an
“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.”
1839.2 – NYC
Ordinances Permit No Ballplaying, “Or Any Other Sport Whatsoever.”
On
May 8, the
Source is By-Laws and Ordinances of the Mayor, Aldermen, and
Commonality of the City of
1840.35
–
“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.”
“An Ordinance Relating to Nuisances and Other Offences Passed the
30th November, 1840,” in Chatter and Ordinances of the
Borough of Carlisle
1841.14
– NY State Senator Tests the Sabbath Law
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, too
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."
Richard adds, “Alas, a search does not
turn up the resolution to this case”.
1845.12
--
“[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.]
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
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.
1846.18 – NYC: Inky Mob of Ballplayers 1, Policeman 0
The
scene: in the park in front
of NYC's City Hall.
“A simultaneous convocation of the
emphatically "Young" Democracy occurred Friday about noon in the
Park. Such an assemblage of juvenile dirt and raggedness has not, we warrant,
been before seen even in New-York. The nucleus of this funny crowd was of
course the news-boys and the inky imps from the printing-offices in this
quarter. Around them were gathered all sorts of boys -- big boys, baker-boys,
apple-boys, rag-boys, and a sprinkling of "the boys" -- were on hand,
and constituted a formidable phalanx of fury. The occasion of this juvenile
emeute was a Policeman who had disturbed an important game of ball which was
going forward. He had several times remonstrated with the sportsmen and
represented the panes and penalties likely to be broken and suffered by them,
but without effect, and at length got possession of the Ball, which he
"pocketed" with the certainty of an old billiard-player. Instantly he
was surrounded by a mob of juvenility, hooting, jeering and laughing at him and
which constantly increased its numbers. He stood it very well, however, until a
great strapping urchin of fifteen, up to his elbows in printers' ink, came up and
puffed a cloud of vile cigar-smoke in the poor fellow's face. This gained the
day. The Ball was given up, the Policeman dove into the recesses of the City
Hall and the game proceeded. New-York
Daily Tribune, March 24, 1846, p. 1, col. 2., as posted to 19CBB by George
Thompson, 2/24/2008.
George’s comment: “This NY park has always been a
triangle, with its base in front of City Hall, and tapering southward to a
point. At present, a good part of the broadest part of the Park is taken up by
parking, which wouldn't have been the case then. There is now a fountain in the
middle of what's left of the park -- there was a fountain then, too, though I
don't know where exactly. I suppose that there were trees here and there, as
there are now. So whatever form of ball these rascals were playing, it had to
accommodate itself to an oddly shaped field, with obstacles. But this is just
the usual challenge that boys have always faced.”
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