The office of tithingman is referred to in the laws of 1682 for the first time. It was called into existence "with reference to the Indians for their better regulateing and that they may be brought to live (__)erly, soberly and Deligently." The court of assistants appointed white overseers and Indian F(__)ingmen who looked after the interests of the natives, and together formed a petty court for the ??l of Indian cases. The tithingman had placed under his oversight ten families of Indians, and it (__)aid that for this reason he was called tithing or tenth man. The General Court in 1692 required D(__)ingmen to be chosen by the towns, and specified their duties as follows:

"All and every person and persons whatever shall, on the Lord's day, carefully apply themselves to duties of religion and piety publicly and privately, and no tradesman, artificer, laborer, or other person whatever shall upon the land or otherwise do or exercise any labor, business, or work of their ordinary callings, not engage in any games, sport, play or recreation on the Lord's day, or any part there of (works of necessity and charity only excepted) upon penalty that every person so offending shall forfeit five shillings.

"No traveller, drover, horse courser, wagoner, butcher, higler, or any of their servants shall travel on that day, or any part thereof except by some adversity they were belated and forced to lodge in the woods, wildemess, or highways the night before, and in such case to travel no further than the next inn, or place of shelter, upon the penalty of twenty shillings.

"No vintner, innholder, or other person keeping any public house of entertainment shall encourage, or suffer any of the inhabitants of the respective towns where they dwell, or others not being strangers or lodgers in such houses to abide or remain in their houses, yards, orchards, or fields drinking or idly spending their time on Saturday night after the sun is set, or on the Lord's day, or the evening following.

"All and every justice of the peace, constable, and tithingman are required to take care that this act in all the particulars thereof, be duly observed, as also to restrain all persons from swimming in the water, and unnecessary and unseasonable walking in the streets or fields."

An additional duty prescribed later was to "dilegantly looke after such as sleep or play about(__) meeting-house in times of publicke worship of God on the Lord's day."

The badge of office was "A Black staffe tipped with Brasse, which, as hee hath opportunity port?? shall take with him when he goeth to discharge any part of his office."

For refusing to serve when elected, there was a fine of four pounds. Service was required bu(__) year in seven.

Prof. Adams, of Johns Hopkins University, says that in some towns the tithingman's rod had a squirrel's tail at one end for the purpose of awakening women sleeping in church, and a deer's foot at the other to be applied to the heads of the sterner sex.