recorded to bee made touching the keeping of this day but many actions of great note to bee done upon it These wee will ranke for orders sake under these 5 heades 1 Coronations 2 Synods Ecclesiasticall 3 Councells of Estate 4 Civill businesse and 5 battailes and assaults which we shall summe up briefely in their place and time And first for Coronations which as before I said are mixt kinde of actions compound of sacred and of civill William surnamed Rufus was crowned at Canterbury by Archbishop Lanfrancke the 25 of Sept. being Sunday anno 1087. So was King Steven the 21 of Decemb. being Sunday too anno 1135. On Sunday before Christmasse day was Henry the second crowned at London by Archbishop Theobald anno 1155 and on the Sunday before Septuagesima his daughter Ioane was at Palermo crowned Queene of Sicile Of Richard the first it is recorded that hoysing saile from Barbeflet in Normandie hee arrived safely here upon the Sunday before our Lady day in harvest whence setting towards London there met him his Archbishops Bishops Earles and Barons cum copiosa militum multitudine with a great multitude of Knightly ranke by whose advise and Counsaile he was crowned on a Sunday in September following anno 1189 and after crowned a second time on his returne from thraldome and the holy Land anno 1194. on a Sunday too The royall magnificent forme of his first coronation they who list to see may finde it most exactly represented in Rog. de Houeden And last of all King Iohn was first inaugurated Duke of Normandie by Walter Archbishop of Roane the Sunday after Easter day anno 1200 and on a Sunday after crowned King of England together with Isabell his Queene by Hubert at that time Archbishop of Canterbury For Synods next an 1070 a Councell was assembled at Winchester by the appointement of King William the first and the consent of Alexander then Pope of Rome for the degrading of Stigand Archbishop of Canterbury and this upon the Sunday next after Easter And wee finde mention of a Synod called by Richard Archbishop of Canterbury Anno 1175. the Sunday before holy thursday ad quod concilium venerunt fere omnes Episcopi Abbates Cantuariensis dioeceseos where were assembled almost all the Bishops and Abbats of the whole Province For Councells of Estate there was a solemne meeting called on Trinity Sunday anno 1143 in which assembled Maud the Empresse and all the Lords which held her partie where the Ambassadours from Anjou gave up their account and thereupon it was concluded that the Earle of Gloucester should bee sent thither to negotiate his sisters businesse So in the yeere 1185 when some Embassadours from the East had offered to King Heâ—ry the second the Kingdome of Hierusalem the King desâ—gned the first Sunday in Lent for his day of answer Upon which day there met at London the King the Patriaâ—ke of Hierusalem the Bishops Abbats Earles and Barons of the Realme of England as also William King of Scotland and his brother David with the Earles and Barons of that countrey habito inde cum deliberatione concilio c. and then and there upon mature deliberation it was concluded that though the King accepted not the title yet he would give his people leave to put themselves into the action and take up the Crosse. For civill businesse of another nature we find it on record that on the fourth Sunday in Lent next following the same King Henry Knighted his Sonne Iohn and sent him forthwith into Ireland Knighthood at those times being farre more full of ceremonie then now it is Which being but a preparation to warre and military matters leades us unto such battailes as in these times were fought on Sunday Of which wee finde it in our Annalls that in the yeere 1142. upon a Sunday being Candlemasse day King Sâ—ephen was taken prisoner at the battaile of Lincolne as also that on Holy-Crosse day next after being Sunday too Robert Earle of Gloucester Commander of the adverse forces was taken prisoner at the battaille of Winchester So reade wee that on Sunday the 25 of August anno 1173. the King of France besieged and forced the Castle of Dole in Brittaine belonging to the King of England as also that on Sunday the 26 of September anno 1198. King Richard tooke the Castle of Curceles from the King of France More of this kinde might bee remembred were not these sufficient to shew how anciently it hath been the use of the Kings of England to create Knights and hold their Councells of estate on the Lords day as now they doe Were not the others here remembred sufficient to let us know that our progenitours did not thinke so superstitiously of this day as not to come upon the same unto the crowning of their Kings or the publicke Synods of the Church or if neede were and their occasions so required it to fight as well or the Lords day as on any other Therefore no Lords day Sabbath hitherto in the Realme of England 5 Not hitherto indeed But in the Age that followed next there were some overtures thereof some strange preparatives to begin one For in the very entrance of the 13 Age Rog. de Hovâ—â— den Fulco a French Priest and a notable hypâ—crite as our King Richard counted him and the story proves lighted upon a new Sabbatarian fancy which one of his associates Eustathius Abbat of Flay in Normandie was sent to scatter here in England but finding opposition to his doctrine hee went backe againe the next yeere after being 1202 hee comes better fortified preaching from towne to towne and from place to place ne quis forum rerum venalium diebus Dominicis exerceret that no man should presume to market on the Lords day Where by the way we may observe that notwithstanding all the Canons and Edicts before remembred in the fift Chapter of this booke and the third Section of this Chapter the English kept their marketts on the Lords day as they had done formerly as neither being bound to those which had beene made by forraine states or such as being made at home had long before beene cut in peeces by the sword of the Norman Conqueror Now for the easier bringing of the people to obey their dictates they had to shew a warrant sent from God himselfe as they gave it out The title this Mandatum sanctum Dominicae diei quod de coelo venit in Hierusalem c. An holy mandat touching the Lords day which came downe from Heaven unto Hierusalem found on S. Simeons Altar in Golgotha where Christ was Crucified for the sins of all the world which lying there three dayes and as many nights strooke with such terrour all that saw it that falling on the ground they besought Gods mercy At last the Patriarch and Akarias the Archbishop of I know not whence ventured to take into their hands that dreadfull letter which 〈◊〉 written thus Now wipe your eyes and
daies by the Saxon Monarchs 4 Of publicke actions civill Ecclesiasticall mixt and military done on the Lords day under the first sixe Norman Kings 5 New Sabbath doctrines brâ—ached in England in King Johns reigne and the miraculous originall of the same 6 The prosecution of the former Story and ill successe therein of the undertakers 7 Restraine of worldly businesse on the Lords day and the other holy dayes admitted in these times in Scotland 8 Restraint of certaine servile workes on Sundayes holy dayes and the Wakes concluded in the Councell of Oxon under King Henry 3. 9 Husbandrie and legall processe prohibited on the Lords day first in the reigne of King Edward 3. 10 Seâ—â—ing of Woollon the Lords day and the solemne Feasts forbidden first by the said King Edward as after Faires and Markets generally by King Henry 6. 11 The Cordwainers of London restrained from selling of their wares on the Lords day and some solemne feasts by King Edward the 4. and the repealing of that Law by King Henry the 8. 11 In what estate the Lords day stood both for the doctrine and the practise in the beginning of the Reigne of the said King Henry CHAP. VIII The Story of the Lords day from the reformation of Religion in this Kingdome till this present time 1 The Doctrine of the Lords day and the Sabbath deliuered by â— sâ—vâ—rall Martyrs conformably unto the judgement of the Protestants before remembred 2 The Lords day and the other holy dayes confessed by all this Kingdome in the Court of Parliament â—o have no other grâ—â—nd than the authoritie of the Church 3 The meaning and occasion of that clause in the Common-Prayer Booke Lord have mercy upon us c. repeated 〈…〉 end of the fourth Commandement 4 That by the Queenes Injunctions and the first Parliament of hâ—r reigne the Lords day was not meant for a Sabbath day 5 The doctrine in the Homilies delivered about the Lords day and the Sabbath 6 The 〈◊〉 and substance of that Homily and thâ—t it proves no Lords day Sabbath but the contrary 7 The first originall of 〈…〉 Sabbathâ—speculaâ—ions in this Church of England by whom and for what cause invented 8 Strange and most monstrous Paradoxes preached on occasion of the former doctrines and other effects thereof 9 What care was taken of the Lords day in King James his Reigne the spreading of the former doctrines and of the Articles of Ireland 10 The Iewish Sabbath set on foot and of King Iames his Declaration about lawfull sports on the Lords day 11 What tracts were writ and published in that Princes Reigne in opposition of the Doctrines before remembred 12 In what estate the Lords day and the other holy dayes have stood in Scotland since the reformation of Religion in that Kingdome 13 Statutes about the Lords day made in the Reigne of our dread Soveraigne now being and the misconstruing of the same his Majestie reviveth and enlargeth the Declaration of King Iames. 14 An exhortation to obedience unto his Majesties most Christian purpose concludes this History An Advertisement to the Reader touching the Errata THat the Errata of this Booke are gâ—â—wne unto so great a number is neither novum crimeâ— nor in auditum We may with farre 〈…〉 complaine thereof than we can amend it yet for the present I have taken the best care I could although not to prevent yet to correct them Such as are meâ—â—ely literall or no impediment to the sense are left unto the Readers care and ingenuity The rest thâ— Greeke alone excepted which both for accent and for letter hath beene exceeding much mistaken are here collected to thy â—and and are these thâ—t follow viz. PART 1. P. 8. l. 14 r. I deny not p. 9 l. 17 r. narratione p. 10 l. 34 r. posaivâ—â— p. 13. l. 10 r. Ames p. 16. l. 25. for which r. what p. 19. l. 4. r. wherein Bodinus p. 21 l. 2 r. multa p. 23 l. 17 r. palliate their p. 27 l. 29 del saith p. 3 r 1 32 r. Sâ—bbatizasse p. 32 l. 22 r. which doth p. 37 r. present p. 57 l. 36 r. dictated p. 76 l. 31 r. notes it of every moneth p. 83 l. 13 r. weekes p. 94 l. 8 for one r. on the. p. 95 l. 34 r. against Marcion p. 104 in marg r. In â—â—ta sua p. 114 l. â—8 r. dedicated p. 121 l. 26 r. Common-wealth p. 135 l 37 for the other r. those p. â—39 r. Issâ—char p. 147 l. 3â— yet was it not p. 161 l. 5 r. Tamuz p. 177 l. 5 r. Load PART 2. Epistle l. 2. r. part p. 12 l. 7 for as it is r. who as 〈◊〉 ls p. 13 l. 5 r. 〈◊〉 Christus p. 23 l. 9 del ancient p. 27 l. 37 r. from whom it seemes p. 47 l. 21 r. decretory ib. l. 25 r. neither for the. p. 49 l. 9 r. 〈◊〉 ib. 17 del Buâ— p. 57 l. 5 r. the old use in p. 58 l. 5 for nor r. now ib. l. 34. r. instituted by ib. l. 35 r. in those p. 62 l. 13 r. as not to p. 66 l. 29. r. intituled p. 69. l. 1. for evill r. civill ib. 11 r. runnes ib. 19 20 for care many r. ceremony p. 71 del up p. 73 l. 22 r. on wednesdayes p. 74 l. 31 â— Iudaisme p. 75 l. 1 r. faire p. 76 l. 11. for Romish r. Iewish ib. l. 23 r. contrived ib. 34 for Two r. To. p. 82. l. 17 for or read on ib. 28 r. followers p. 88 l. 1 r. discreet behaviour p. 91 l. 10 for Easter r. Earth p. 101 l. 10 r. possessed ib. l. 23 r. fift Centurie p. 107 l. â— r. whereas thaâ— p. 112 l. 34 del that p. 116 l. 4 r. wholly p. 130 l. 31 for true r. it s true p. 144 l. 34 r Oviedâ— p. 147 l. 20 r. Chartres p. 175. l. 33 r. Ryveâ— p. 224 l. 13 r. envying p. 226 l. 9 for now in r. now at the first p. 230 l. 37 r. clause p. 253 r. on the lewes p. 255 l. 35 r. the Musicians head p. 258 l. 31 r. with as much violence p. 260 l. 4. for or r. on p. 263 l. 11. r. goe backe a little p. 265. l. 35. r. 560. THE HISTORY OF THE SABBATH THE FIRST BOOKE From the Creation of the World to the destruction of the Temple BY PET. HEYLYN EXOD. 31. 15 16. Wherefore the children of Israel shall keepe the Sabbath to observe the Sabbath throughout their generations it is a signe betweene mee and the children of Israel for ever LONDON Printed for Henry Seile and are to bee sold at the Signe of the Tygers-head in Saint Pauls Church-yard 1636. THE HISTORY OF THE SABBATH CHAP. I. That the SABBATH was not instituted in the beginning of the World 1 The entrance to the worke in hand 2 That those words Genes 2. And God blessed the seventh Day c. are there delivered as by way of anticipation 3 Anticipations in the Scripture confessed
meat as the same Scaliger hath recorded So having looked over all the residue of the Christian World and found no Sabbath in thâ— same except onely nominall and that aswell upon the Saturday as upon the Sunday it is nâ—w time wee turned our course and set saile for England where we shall find as little of it as in other places untill that forty yeares agoe no more some men began to introduce a Sabbath thereunto in hope thereby to countenance and advance their other projects CHAP. VII In what estate the Lords-day stood in this Isle of Brittaine from the first planting of religion to the reformation 1 What dâ—th occurre about the Lords day and the other festivalls amongst the Churches of the Brittans 2 Of the estate of the Lords day and the other holy dayes in the Saxon Heptarchie 3 The honours done unto the Sunday and the other holy dayes by the Saxon Monarchs 4 Of the publicke actions Civill Ecclesiasticall mixt and Military done on the Lords day under the first six Norman Kings 5 New Sabbath doctrines broached in England in King Iohns Reigne and the miraculous originall of the same 6 The prosecution of the former story and ill successe therein of the undertakers 7 Restraint of worldly businesse on the Lords day and the other holy dayes admitted in those times in Scotland 8 Restraint of certaine servile works on Sundayes holy dayes and the wakes concluded in the Councell of Oxon under Henry 3. 9 Husbandrie and Legall processe prohibited on the Lords day first in the reigne of Edward 3. 10 Selling of wools on the Lords day and the solemne feasts forbidden first by the said King Edward as after faires and markets generally by King Henry 6. 11 The Cordwainers of London restrained from selling their wares on the Lords day and some other festivalls by King Edward the fourth and the repealing of that Act by King Henry the eight 12 In what estate the Lords day stood both for the doctrine and the practise in the beginning of the reigne of the said King Henry 1 AND now at last wee are for England that we may see what hath beene done amongst our 〈◊〉 in this particular and thereby bee the better lessoned what wee are to doe For as before I noted the Canons of particular Churches and edicts of particular princes though they sufficiently declare both what their practise and opinion was in the present point yet are no generall rule nor prescript to others which lived not in the compasse of their authority Nor can they further binde us as was then observed then as they have beene since admitted into our Church or State either by adding them unto the body of our Canon or imitating them in the composition of our Acts and statutes Onely the Decretalls of the Popes the body of their Canon Law is to bee excepted which being made for the direction and reiglement of the Church in generall were by degrees admitted and obeyed in these parts of Christendome and are by Act of Parliament so farre still in force as they oppose not the prerogative royall or the municipall lawes and statutes of this Realme of England Now that wee may the better see how it hath beene adjudged of here and what hath beene decreed or done touching the Lords day and the other holy dayes wee will ascend as high as possiblie we can even to the Church and Empire of the Brittans Of them indeed wee finde not much and that delivered in as little it being said of them by Beda Hist. l. 1. c. 8. that in the time of Constantine they did dies festos celebrare observe those holy dayes which were then in use which as before we said were Easter Whitsontide the feasts of Christs Nativity and his Incarnation every yeere together with the Lords day weekely And yet it may bee thought that in those times the Lords day was not here of any great account in that they kept the feast of Easter after the fashion of the Churches in the Easterne parts decima quarta luna on what day of the weeke soever which certainely they had not done had the Lords day obteined amongst them that esteeme which generally it had found in the westerne Churches And howsoever a late writer of Ecclesiasticall history endeavour to acquit the Brittans of these first Ages Brought hist. â— 4. c. 13. from the erroneous observation of that feast and make them therein followers of the Church of Rome yet I conceive not that his proofes come home to make good his purpose For where it is his purpose to prove by computation that that erroneous observation came not in amongst the Brittans till 30 yeeres before the entrance of S. Austin and his associates into this Iland and for that end hath brought a passage out of Beda touching the continuance of that custome its plaine that Beda speakes not of the Brittish but the Scottish Christians Permansit autem apud â—os the Scottish-Irish Christians as himselfe confesseth hujusmodi observantia Paschalis tempore non pauco hoc est usque ad annum Domini 717. per annos 150 which was as hee computes it somewhat neere the point but 30 yeeres before the entrance of that Austin Now for the Scots it is apparant that they received not the faith till the yeere of Christ 430 not to say any thing of the time wherein they first set sooting in this Iland which was not very long before and probably might about that time of which Beda speakes receive that custome of keeping Easter from the Brittans who were next neighbours to them and a long time lived mingled with them But for the Brittans it is most certaine that they had longer beene accustomed to that observation though for the time thereof whether it came in with the first plantation of the Gospell here wee will not contend as not pertaining to the businesse which wee have in hand Suffice it that the Brittans anciently were observant of those publicke festivalls which had beene generally entertained in the Church of God though for the time of celebrating the feast of Easter they might adhere more unto one Church then unto another As for the Canon of the Councell of Nice Anno 198. which is there alledged Baronius rightly hath observed out of Athanasius that notwithstanding both that Canon and the Emperours Edicts thereupon tamen etiam postâ—a Syros Cilices Mesopotamios in eodem errore permansisse the Syrians Cilicians and Mesopotamians continued in their former errours And why not then the Brittans which lay farther off as well as those that dwelt so neere the then Regall Citty 2 Proceed wee next unto the Saxons who as they first received the faith from the Church of Rome so did they therewithall receive such institutions as were at that time generally entertained in the Roman Church the celebration of the Lords day and the other festivalls which were allowed of and observed when Gregory the Great attained the Popedome
And secondly it was resolved on to implore the Civill Magistrate Vt opera omnia servilia seu quotidiana c. quibuâ— tempus pomeridianum diebus Dominicis maxime in pagis plerunque transigi soleret that by their Edicts they would restraine all servile works the works of ordinary dayes and especially games drinking-matches and other profanations of the Sabbath wherewith the afternoone or Sundayes chiefly in smaller Townes and Villages had before beene spent that so the people might repaire to the catechizing By which we also may perceive that there was no restraint on â—undayes in the afternoone from any kinde of seruile works or daily labours but that men might and did apply themselues to their severall businâ—sses as on other dayes As for the greater Townes there is scarce any of them wherein there are not Faires and Markets kirk-masses as they use to call them upon the Sunday and those as much frequented in the afternoone as were the Churches in the Forenoone A thing from which they coulâ— not hold not in Dâ—rt it selfe what time the Synod was assembled Nor had it now beene called upon as it is most likely had not Amesius and some others of our English Malecontents scattered abroad Bounds principles amongst the Netherlands which they had sowne before in England And certainly they had made as strong a faction there before this time their learned men beginning to bandie one against the other in the debates about the Sabbath but that the livelihood of the States consisting most on trade and trafficke cannot spare any day Sunday no more then any other from venting their commodities and providing others So that in generall the Lords day is no otherwise observed with them though somewhat better then it was twelue yeares ago then an halfe-holiday is with us the morning though not all of that unto the Church the after-noone to their imployments So for the French and Germane Churches we may perceive by their Divines Calvin and Beza and Martin Bucer who do so highly charge the Romanist for the restraint of working on the Lords day that they were well enough content to allow the same And for the Churches of the Switzers Zuinglius avoweth it to be lawfull Resp. ad Val. Gentilem Die Dominico peractis sacris laboribus incumbere On the Lords day after the end of Divine Service for any man to follow and pursue his labours as commonly we do saith he in the time of harvest Indeed the Polish Churches formerly decreed in two severall Synods the one at Cracow Ann. 1573 the other at Petricow Ann. 1578. Vt Domini in suis ditionibus prohibeant Dominicis diebus nundinas annuas septimanales That Lords of Mannours as we call them should not permit on the Lords day either Faires or Markets in any of the Townes unto them belonging Neque iisdem diebus coloâ—os suos ullos laboribus aut vecturis onerent nor on those dayes imploy their Tenants in carriages or such servile labours But this was rather done to please the Lutherans amongst whom and those of the Communion of the Church of Rome under whom they live then out of any principle or example of those Churches whom they chiefly followed For recreations last of all there is no question to be made but that where working is permitted and most kinde of businesse a man may lawfully enjoy himselfe and his honest pleasures and without danger of offence pursue those pastimes by which the minde may be refreshed and the spirits quickened Already have we told you what the custome is in the Palatine Churches And for the Belgicke besides it was before declared from the Synod of Dort touching the usuaâ—l spending of that day in games and drinking matches their foure great Doctors Synâ—ps 〈◊〉 disp 21. n. 58. Polyander Ryvet Thysius and Walaeus make recreation to be part of the Sabbaths rest Et inter fines Sabbati esse and to be reckoned as a principall intent thereof Even in Geneva it selfe the mother Church unto the rest as Robert Iohnson tels us in his enlargement of Boterus All honest exercises sâ—ooting in peeces long-bowes crosse-bowes c. are used on the Sabbath day and that in the morning both before and after Sermon neither do the Ministers finde fault therewith so they hinder not from hearing of the Word at the time appointed Indeed there is no reason why they should finde fault the practise so directly rising upon their principles 10 Dancing indeed they do not suffer either in Geneva or the French Churches though not prohibited for ought I can learne in either Germany or any of the Lutheran kingdomes but this not in relation to the day but the sport it selfe which absolutely they have forbidden on all dayes whatever Calvin tooke great offence thereat of so austere a life would he have the people and kept a great ado about it in Geneva when he lived amongst them as hee doth thus relate the story to his friend Farellus Epist ad Fareâ— Corneus and Perinus two of speciall power and qualitie in that Citie together with one Heinrichus one of the Elders of the Church a Syndie which is one of the foure chiefe Officers of the Common-wealth and some others of their friends being merry at an invitation fell to dancing Notice hereof being given to Calvin by some false brother they were all called into the Consistory excepting Corneus and Perinus and being interrogated thereupon Impudenter Deo nobis mentiti sunt they lyed saith he most impudently unto God and us Most Apostolically said At that saith he I grew offended as the indignity of the thing deserved and they persisting in their contumacy Censui ut jure-jurando ad veri confessioâ—em adigerentur I thought it fit to put them to their oaths about it So said so done and they not onely did conâ—esse their former dancing but that that very day they had beene dancing in the house of one Balthasats widdow On this confession he proceeded unto the censure which certainly was sharpe enough for so small a fault for a fault it was if he would have it the Syndick being displaced the Elder turned out of his office Perryn and his wife both clapt in prison and all the rest pudore confusi put to open shame This was in Ann. 1546. And afterwards considering how much he disliked it their Ministers and Preachers cryed downe dancing as a most â—infull and unchristian pastime and published divers tracts against it At last in Ann. 1571. it was concluded in a Synod held â—t Rochel and made to be a part of their publicke discipline viz. that All congregations should be admonished by their Ministers seriously to reprehend and suppresse all dances mummeries and enterludes as also that all dancing-masters or those who make any dancing meetings after they have beene oft admonished to desist ought to be excommunicate for that their contumacie and disobedience Which rigidnâ—â—e of theirs as it is conceived considering how the
Canon-law Fiâ—â—â— of the laâ—â— l. 1. c. 3. forbeare their sessions on those dayes the Lord day especially For as our Sages in the law have resolved it generally that day is to be exempt from such businesse even by the Common law for the soleâ—nity thereof to the intent that people may apply themselves 〈◊〉 prayer and â—â—ds publicke service Particularly Fitz-Herbert tells us that no plea shall bee holden Quindena Paschae because it is alwayes on the Sunday Nat. â—revium fol. 17. but it shall be holden â—rastino quindenae pasâ—â—ae on the morrow after So Iustice Dyer hath resolved 1 Eliz. p. 168. that if a writ of scire facias out of the Common pleas beare Teste on a Sunday it is an errour because that day is not dies juridicus in Banâ—o And so it is agreed amongst them that on a fine levied with Proclamations according to the Statute of King Henry the seventh if any of the Proclamations be made on the Lords day all of them are to be accounted erroneous Acts. But to returne unto the Canon where before wee left however that Archbishop Langton formerly and Islip at the present time had made these severall restraints from all â—â—rvile labours yet they were far inough from intertayning any Iewish fancy The Canon last remembred that of Simon Islip doth expresse as much But more particularly and punâ—tually wee may finde what was the judgement of these times in a full declaration of the same in a Synod aâ— â—ambeth what time Iohn Peckam was Archbishop which was in anno 1280. It was thus determined Sciâ—udum est quod obligatio ad feriandum in Sâ—bbato legali expiravit omnino c. Lindw l. 1. tiâ— de offic Archipresb It is to bee understood that all manner of obligation of resting on the legall Sabbath as was required in the Old Testament is utterly expired with the other ceremonies And it is now sufficient in the New Testament to attend Gods service upon the Lords dayes and the other holy dayes ad hoc Ecclesiastica authoritate deputatis appointed by the Church to that end and purpose The manner of sanctifying all which dayes non est sumendus à superstitione Iudaica sed à Canonicis institutis is not to bee derived from any Iewish superstition but from the Canons of the Church This was exact and plaine inough and this was constantly the doctrine of the Church of England Iohannes de Burgo who lived about the end of K. Henry the sixt doth allmost word for word resolve it so in his Pupilla oculi part 10. c. 11. D. 10 Yet finde we not in these restraints that Marketting had beene forbidden either on the Lords Day or the other holy dayes and indeed it was not that came in afterwards by degrees partly by Statutes of the Realme partly by Canons of the Church not till all Nations else had long layd them downe For in the 28. of King Edward the third cap. 14. it was accorded and established that shewing of Wools shall be made at the Staple every day of the wèeke except the Sunday and the solemne Feasts in the yeere This was the first restraint in this kind with us here in England and this gives no more priviledge to the Lords Day than the solemne Festivals Nor was there more done in it Antiq. â—rit in Stafford for almost an hundred yeeres not till the time of Henry the sixt anno 1444. what time Archbishop Stafford decreed throughout his Province ut nundinaâ— emporia in Ecclesiis aut Coemiteriis diebusque Dominicis atque Festis praeterquam tempore messis non teneantur that Faires and Markets should no more be kept in Churches and Church-yards or on the Lords dayes or the other holy dayes except in time of harvest onely If in that time they might bee suffered then certainely in themselves they were not unlawfull on any other further then as prohibited by the higher powers Now that which the Archbishop had decreed throughout his Province Catworth Lord Major of London Fabians Chronicle attempted to exceed within that cittie For in this yeere saith Fabian anno 1444 an Act was made by authority of the common Councell of London that upon the Sunday should no manner of thing within the franchise of the Citty bee bought or sold neither victuall nor other thing nor none Artificer should bring his ware unto any man to be worne or occupyed that day as Taylers garments and Cordwayners shooes and so likewise all other occupations But then it followeth in the story the which ordinance held but a while inough to shew by the successe how ill it doth agree with a Lord Maior to deale in things about the Sabbath Afterwards in the yeere 1451 which was the 28 of this Henries reigne it pleased the King in Parliament to ratifie what before was ordered by that Archbishop in this forme that followeth Considering the abominable iniuries and offenses done to Almighty God 28. H. 6. c. 16. and to his Saints alwayes ayders and singular assistants in our necessities by the occasion of faires and marketts upon their high and principall feasts as in the feast of the Ascension of our Lord in the day of Corpus Christi in the day of Whitsunday Trinity Sunday and other Sundayes as also in the high feast of the assumption of our Blessed Lady the day of All Saints and on Good Friday accustomably and miserably holden and used in the Realme of England c. our Soveraigne Lord the King c. hath ordayned that all manner of faires and marketts on the said principall feasts and Sundayes and Good Friday shall cleerely cease from all shewing of any goods and merchandises necessary victuall onely except which yet was more then was allowed in the City-Act upon paine of forfeiture of all the goods aforesaid to the Lord of the franchise or liberty where such goods be or shall be shewed contrarie to this ordinance the foure Sundayes in harvest except Which cause or reservation sheweth plainely that the things before prohibited were not esteemed unlawfull in themselves as also that this law was made in confirmation of the former order of the Arch-bishop as before was said Now on this law I finde two resolutions made by my Lords the Iudges First Iustice Brian in the 12 of King Edward the fourth declared that no sale made upon a Sunday though in a fayre or market overt for markets as it seemeth were not then quite layed downe though by law prohibited shall bee a good sale to alter the property of the goods And Ploydon in the time of Queene Elizabeth was of opinion Dalâ—ous Iustice. cap. 27. that the Lord of any faire or market kept upon the Sunday contrary to the statute may therefore be eâ—dited for the King or Queene either at the Assises or generall Gaole delivery or quarter Sessions within that County If so in case such Lord may bee endited for any fayre or market kept
6â—0 they call it by no other name then Sunday ordaining that upon â—oure Sâ—ndayes in the yeere which are therein specified the Sacrament of the Lords Supper should bee administred to the people and in the yeere 1592 an Act of King Iames the third about the 〈◊〉 and other Vigills â—o bee kept holy 〈◊〉 Evâ—nsong to 〈◊〉 was annulled and abrogated Which plaâ—â—ely shewes that then they thought not of a Sabbath But when the Sabbath doctrinâ— had beene raised in Eâ—glaâ—d Annâ— 1595 as before was â—aid it found a present enterâ—â—â—ment with the Brethren there who had before 〈◊〉 in their publicke writings to our Puritans here Davisâ—n p. 20. that both their caâ—ses were most â—eerely linked together and thereupon they both tooke up the name of Sabbath and imposed the rigouâ— yet so that they esteeme it lawfull to hold fâ—sts thereon Altare Damasc. p. 669. quod sapissâ—â—â— in Ecclesia 〈…〉 factum est and use it often in that Church which is quite contrary unto the nature of a Sabbath And on the other side they deny it to be the weekely festivall of the resurrection Id. 696. Non sunt dies Dominici â—esta Resurrectioniâ— as they have resolved it which shewes as plainely that they build not the translation of their Sabbath on the same grounds as our men have done In briefe by making up a mixture of a Lords day Sabbath they neither keepe it as the Lords day nor as the Sabbath And in this state things stood untill the yeere 1618. what time some of the Ancient holy dayes were revived againe in the assemblie held at Perth in which among some other rites of the Church of England which were then aâ—mitted it was thus determined viz. As wee abhorre the superstitioâ—s observation of festivall dayes by the Papists and derest all licenâ—ious and prophane abuse thereof by the Common sort of Professours so wee thinke that the inestimable benefits received from God by our Lord Iesâ—â— Christ his Birth Passion Resurrection 〈◊〉 and â—â—nding downe of the Holy Ghost was commendably and godly remembred at certaine particular dayes and times by the whole Church of the world and may bee also now Therefore the Assembly ordaines that every Minister shall upon these dayes have the 〈…〉 and make choise of severall and pertinent Texts of Scripture and frame their Doctrine and Exhortation thereunto and rebuke all superstitious observation and licentious prophanation thereof A thing which much displeased some men of contrarie perswasion first out of feare that this was but a Preamble to make way for all the other holy dayes observed in England And secondly because it seemed that these five Dayes were in all points to be observed as the Lords day was both in the times of the Assembly and after the dissolving of the same But pleased or displeased so it was decreed and so still it stands 13 But to returne againe to England It pleased his Majestie now reigning whom God long preserve upon information of many notable misdemeanours on this day committed â— Carol. 1. in his first Parliament to enact That from thence-forwards there should be no Méetings Assemblies or concourse of people out of their Parishes on the Lords day for any Sports or Pastâ—mes whatsoever nor any Beare-baitings Bull-baitings common Playes Enterludes or any other unlawfull Exercises or Pastimes used by any person or persons in their owne Parishes every offence to be punished by the forfeiture of 3. s. 4 d. This being a Probation Law was to continue till the end of the first Session of the next Parliament And in the next Parliament it was continued till the end of the first Session of the next which was then to come So also was another Act made in the said last Session wherein it was enacted 3. Carol. 1. That no Carrier Waggoner Waine-man Carre-man or Drover travaile thence-forwards on the Lords day on paine that every person and persons sâ— offending shall lose and forfeit 20. s. for every such offence And that no Butcher either by himselfe or any other by his privitie and consent doe kill or sell any Victuall on the said day upon the forfeiture and losse of 6. s. 8. d. Which Statutes being still in force by reason that there hath not been any Session of Parliament since they were enacted many both Magistrates and Ministers either not rightly understanding or wilfully mistaking the intent and meaning of the first brought Dancing and some other lawfull Recreations under the compasâ—e of unlawfull Pastimes in that Act prohibited and thereupon disturbed and punished many of the Kings obedient people onely for using of such Sports as had been authorized by his Majesties Father of blessed memorie Nay which is more it was so publikely avowed and printed by one who had no calling to interprete Lawes except the provocation of his owne ill spirit That Dancing on the Lords day was an unlawfull Pastime punishable by the Statute 1. Carol. 1. which intended so hee saith to suppresse Dancing on the Lords day as well as Beare-baiting Bull-beating Enterludes and common Playes which were not then so rife and common as Dancing when this Law was made Things being at this height it pleased his excellent Majestie King Charles Declarat Observing as hee saith himselfe how much his people were debarred of Recreation and finding in some Counties that under the pretence of taking away abuses there had beene a generall forbidding not onely of ordinarie Meetings but of the Feasts of the Dedication of Churches commonly called Wakes to ratifie and publish the Declaration of his Majesties Father before remembred adding That all those Feasts with others should be observed and that all neighbourhood and freedome with manlike and lawfull Exercises be therein used Commanding all the Iustiâ—es of Assise in their severall Circuits to see that no man doe trouble or molest any of his loyall and dutifull people in or for their lawfull Recreaâ—ions having first done their dutie to God and continuing in obedience unto him and his Lawes and further that publication thereof be made by order from the Bishops through all the Parishes of their severall Diocesses respectively Thus did it please his excellent and sacred Majestie to publish his most pious and religious purpose of opening to his loyall people that libertie of the Day which the Day allowed of and which all Christian States and Churches in all times before had never questioned withall of shutting up that Doore whereat no lesse than Iudaisme would in fine have entred and so in time have over-ran the fairest and most beautifull Church at this day in Christendome And certainely it was a pious and Princely Act nothing inferiour unto that of Constantine or any other Christian King or Emperour before remembred it being no lesse pious in it selfe considered to keepe the holy-dayes free from superstition than to preserve them from prophanenesse especially considering that permission of lawfull Pleasures is no lesse proper to a Festivall than