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
looke a while on the Contents which I shall render with as much brevity as the thing requires Ego Dominus qui praecepi vobis ut observaretis diem sanctum Dominicum non custodistis â—um c. I am the Lord which hath commanded to keepe holy the Lords day and you have not kept it neither repented of your sinnes c. I caused repentance to bee preached unto you and you believed not Then sent I Pagans amongst you c. and because you did not keepe the Lords day holy I punished you a while with famine c. Therefore I charge you all that from the ninth houre on the saturday untill Sunne-rising on the monday no man presume to doe any worke but what is good or if hee doe that hee repent him of the same Verily I say and sweare unto you by my Seate and Throne and by the Cherubins that keepe my seate that if you doe not harken to this my Mandat I will no more send to you any other Epistle but I will open the heavens and raine upon you stones and wood and scalding water c. This I avow that you shall dye the death for the Lords day and other festivalls of my Saints which you have not kept and I will send amongst you beasts with the heades of Lyons and the haire of women and the tayles of Camels and they shall eate you and devoure you There is a great deale more of this wretched stuffe but I am weary of abusing both my paines and patience Onely I cannot choose but wiâ—h that those who have enlarged their Lords day Sabbath to the same extent would either shew us some such letter or bring us any of the miracles which hereafter follow or otherwise bee pleased to lengthen out the festivals of the Saints in the selfe same manner as by this goodly Script they are willed to doe 6 But to proceed the said Eustathius thus furnished and having found but ill successe the former yeere in the Southerne parts where hee did Aâ—gliae Praelatos praedicatione suaâ— molestare disturbâ—â—â— Prelates by his preachings as my Author hath it heeâ—â—nt up to Yorke There did hee preach his doctrines and absolve such as had offendedâ— conditioned that hereafter they did shew more reverence unto the Lords day and the other holy dayes doing no servile works upon them nec in diâ—bus Dominicis exercerent forâ—m rerum venalium particularly that on the Lords day they should hold no marketts The people hereunto assented and promised they would neither buy nor sell on the Lords day nisi forte cibum potum praetereuntibus excepting meate and drinke to passengers Whereby it seemes that notwithstanding all this terrour men were permitted yet to travaile on the Lords day as they had occasion This comming to the notice of the King and Councell my men were all fetched up such specially qui in diâ—bus Dominicis forum rerum venalium dejecerant which had disturbed the marketts and overthrowne the boothes and merchandise on the Lords day and made to fine unto the King for their misdemeanour Then were they faine to have recourse to pretended miracles A Carpenter making a wooden pinne and a woman making up her webbe both after three on Saturday in the afternoone are suddenly smitten with the Palsey A certaine man of Nafferton baking a cake on Saturday night and keeping part untill thâ— morrow no sooner brake it for his breakfast but it gushed out blood A Miller of Wakefield grinding Corne on Saturday after three of the clocke insteed of meale found his binne full of blood his mill-wheele standing still of its owne accord One or two more there are of the same edition And so I thinke is that related in the Acts and Monuments out of an old booke entituled de Regibus Angliae which now I am fallen upon these fables shall bee joyned with them King Henry the second saith the story being at Cardiffe in Wales and being to take horse there stood a certaine man by him having on him a white coate and being barefoote who looked upon the King and spake in this wise Good old King Iohn Baptist and Peter straightly charge you that on the Sundaies throughout all your dominions there bee no buying or selling nor any other servile businesse those onely except which appertaine to the preparation of meat and drinke which thing if thou shalt observe whatsoever thing thou takest in hand thou shalt happily finish Adding withall that unlesse he did these things and amend his life hee should heare such newes within the twelve moneth as would make him mourne till his dying day But to conclude what was the issue of all this this terrible letter and forged miracles That the historian tells us with no small regreate Houâ—den informing us that notwithstanding all these miracles whereby God did invite the people to observe this day populus plus timens regiam potestatem quà m divinam the people fearing more the Kings power then Gods returned unto their marketting as before they did 7 I say that the historian tells it with no small regreate for in that passionate discontent he had said before that inimicus humani generis the Divell enjoying the proceedings of this holy man so farre so possessed the King and the Princes of darkenesse so hee calls the Councell that they forthwith proceeded against them who had obeied him Which makes me thinke that this Eustathius was a familiar of the Popes sent hither for the introducing of those restraints which had been formerly imposed on most parts of Christendome though here they found no entertainement the Popes had found full well how ill their justlings had succeeded hitherto with the Kings of England of the Norman race and therefore had recourse to their wonted arts by prodigies and miracles to insnare the people and bring them so unto their bent And this I doe the rather thinke because that in the following yeere Anno 1203 there was a Legate sent from Rome to William King of Scots with severall presents and many indulgences Quae quoniam grato accepit animâ— â—odem concilio approbante decâ—etum est c. Heâ—t Boet. lib. 23. Which hee accepting very kindly it pleased him with the approbation of his Parliament at that time assembled to passe a Law that Saturday from twelve at noone should bee counted holy and that no man should deale in such worldly businesses as on the feast-dayes were forbidden As also that at the sounding of the bell the people should bee busied only about holy actions going to sermons hearing the Vespers or the Evensong idque usque in diem Lunae facerent and that they should continue thus untill munday morning a penalty being layed on those who should doe the contrary So passed it then and in the yeare 1214 some eleven yeares after it was enacted in a Parliament at Scone under Alexander the third King of the Scots that none should fish in any waters Lex
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
fomer plaine-song the adding of particular restrictions as occasion was which were before conteined though not plainely specified both in the Edicts of the former Emperours and Constitutions of the Churches before remembred Yet all this while we finde not any one who did observe it as Sabbath or which taught others so to doe not any who affirmed that any manner of worke was unlawfull on it further than as it was prohibited by the Prince or Prelate that so the people might assemble with their greater comfort not any one who preached or published that any pastime sport or recreation of an honest name such as were lawfull on the other dayes were not fit for this And thereupon we may resolve aswell of lawfull businesse as of lawfull pleasures that such as have not beene forbidden by supreme authority whether in proclamations of the Prince or Constitutions of the Church or Acts of Parliament or any such like declaration of those higher powers to which the Lord hath made us subject are to be counted lawfull still It matters not in case we finde it not recorded in particular termes that wee may lawfully apply our selves to some kinde of businesse or recreate our selves in every kinde of honest pleasure at those particular houres and times which are leâ—t at large and have not beene designed to Gods publicke service All that we are to looke for is to see how farre we are restrained from labour or from recreations on the holy dayes and what authority it is that hath so restrained us that wee may come to know our dutie and conforme unto it The Canons of particular Churches have no power to doe it further then they have beene admitted into the Church wherein we live for then being made a part of her Canon also they have power to binde us to observance As little power there is to be allowed unto the declarations and Edicts of particular Princes but in their owne dominions onely Kings are Gods Deputies on the Earth but in those places onely where the Lord hath set them their power no greater than their empire and though they may command in their owne estates yet is it extra sphaeram activitatis to prescribe lawes to nations not subject to them A King of France can make no law to binde us in England Much lesse must wee ascribe unto the dictates and directions of particular men which being themselves subject unto publicke order are to bee hearkned to no further then by their life and doctrine they doe preach obedience unto the publicke ordinances under which they live For were it otherwise every private man of name and credit would play the tyrant with the liberty of his Christian brethren and nothing should be lawfull but what he allowed of especially if the pretence be faire and specious such as the keeping of a Sabbath to the Lord our God the holding of an holy convocation to the King of heaven Example we had of it lately in the Gothes of Spaine and that strange bondage into which some pragmaticke and popular men had brought the French had not the councell held at Orleans gave a checke unto it And with examples of this kinde must we begin the story of the following Ages CHAP. V. That in the next six hundred yeares from Pope Gregory forwards the Lords day was not reckoned of as of a Sabbath 1 Pope Gregories care to set the Lords day free from some Iewish rigours at that timeâ— obtruded on the Church 2 Strange fancies taken up by some about the Lords day in these darker ages 3 Scriptures and Miracles in these times found out to justifie the keeping of the Lords day holy 4 That in the judgement of the most learned in these six ages the Lords day hath no other ground then the authority of the Church 5 With how much difficulty the people of these times were barred from following their Husbandry and Law-dayes on the Lords day 6 Husbandry not restrained on the Lords day in the Easterne parts untill the time of Leo Philosophus 7 Markets and Handicrafts restrained with no lesse opposition then the plough and pleading 8 Severall casus reservati in the Lawes themselves wherein men were permitted to attend those businesses on the Lords day which the lawes restrained 9 Of divers great and publicke actions done in these ages on the Lords day 10 Dancing and other sports no otherwise prohibited on the Lords day then as they were an hinderance to Gods publicke service 11 The other holy dayes as much esteemed of and observed as the Lords day was 12 The publicke hallowing of the Lords day and the other holy dayes in these present ages 13 No Sabbath all these ages heard of either on Saturday or Sunday and how it stood with Saturday in the Easterne Churches 1 WEe are now come to the declining ages of the Church after the first 600. yeares were fully ended and in the entrance on the seaventh some men had gone about to possesse the people of Rome with two dangerous fancies one that it was not lawfull to doe any manner of worke upon the Saturday or the old Sabbath it a ut die Sabbati aliquid operari prohiberent the other ut dominicorun die nullus debeat lavari that no man ought to bathe himselfe on the Lords day or their new Sabbath With such a race of Christned Iewes or Iudaizing Christians was the Church then troubled Against these dangerous doctrines did Pope Gregory write his letter to the Roman Citizens Epl. 3. l. 11. stiling the first no other then the Preachers of Antichrist one of whose properties it shall be that he will have the Sabbath and the Lords day both so kept as that no manner of worke shall be done on eyther qui veniens diem Sabatum atque dominicum ab omni faciet opere custodire as the Father hath it Where note that to compell or teach the people that they must doe no manner of worke on the Lords day is a marke of Antichrist And why should Antichrist keepe both dayes in so strict a manner Because saith he he will perswade the people that he shall die and rise againe therefore he meanes to have the Lords day in especiall honour and hee will keepe the Sabbath too that so he may the better allure the Iewes to adhere unto him Against the other he thus reasoneth Et si quidem pro luxuria voluptate quâ—s lavari appetit hoc fieri nec reliquo quolibeâ— die concedimus c. If any man desires to bathe himselfe only out of a luxurious and voluptuous purpose observe this wellâ— this we conceive not to be lawfull upon any day but if he doe it onely for the necessary refreshing of his body then neither is it fit it should be forbidden upon the Sunday For if it be a sinne to bathe or wash all the body on the Lords day then must it be a sinne to wash the face upon that day if it be lawfull to
I finde extant as a Canon of the 6 Generall councell holden in Constantinople but since both this and all the rest of the same stampe there are nine in all are thought not to belong of right unto it I have chose rather to referre it to this Theodulphus though a private man amongst whose workes I finde it in the great Bibliotheca Patrum Tom. 9. Thus in a Synod held at Coy within the realme and diocesse of Oniedo Anno 1050 it was decreed that all men should repaire to Church on the Lords day and there heare Matins Masse and other the â—anonicall houres 〈◊〉 6. as also Opus servile non excerceant nec sectentur itinera that they should doe no servile worke nor take any journey Yet with exceptions foure or five namely unlesse it were for devotions sake or to bury the dead or to visit the sicke or finally prosecreto regis vel Saracenorum impetu on speciall businesse of the Kings or to make head against the Saracens The King was much beholding to them that they would take such care of his state affaires more then some Princes might be now in case their businesse were at the disposing of particular men So had it beene decreed by severall Emperours yea and by severall Councells too which for the East partâ— was confirmed by Emanuel Comnenus the Easterne Emperour Anno 1174. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that all accesse to the tribunall should bee quite shut up that none of those who sate in judgement should sit on any cause that day Yet this not absolutely but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. unlesse the King shall please on any new emergent cause as many times businesse comes unlooked for to appoint it otherwise Thus also for the workes of labour fishing had beene restrained on the Lords day as a toylesome Act and on the other holy dayes as well as that yet did it please Pope Alexander the third he entred on the chaire of Rome Anno 1160. to order by his decretall that on the Lords day and the rest Decretal l. 2. 7 tit 9 c. 3. it might be lawfull unto those who dwelt upon the Coast Si halecia terrae inclinarint â—orum captioni ingruente necessitate intendere to set themselves unto their fishing in case the Herring came within their reach and the timâ— was seasonable Provided that they sent a convenient portion unto the Churches round about them and unto the poore Nay even the workes of handycrafts were in some sort suffered For whereas in the Councell of Laodicea it was determined that men should rest on the Lords day 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from all their handy worke and repaire to Church Balsamon tells us in his Glosse In Can. 29. Concil Lâ—â—d that so it was resolved amongst them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not absolutely but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 if with conveniency they could For still saith he he lived in Anno 1191 in case men labour on that day 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 either because of want or any other necessity they are held excusable Lastly whereas Pope Gregory the ninth had on the Sundayes and the holy dayes commanded ut homines jumenta omnia quiescant Chroniâ— Aeditui that there should be a generall restraint from labour both of man beast there was a reservation also nisi urgens necessitas instet vel nisi pauperibus vel ecclesiae gratis fiat unlesse on great necessity or some good Office to be done unto the poore or the Church 9 Nor were there reservations and exceptions onely in point of businesse and nothing found in point of practise but there are many passages especially of the greatest persons most publick actions left upon record to let us know what liberty they assumed unto themselves as well on this day as the rest And in such onely shall I instance and as being most exemplary and therefore most conducing to my present purpose And first wee reade of a great battaile fought on Palme Sunday Aventiâ—e Hist. â— 3. Anno. 718. betweene Charles Martell Grand master of the houshould of the king of France and Hilpericus the King himselfe wherein the victory fell to Charles and yet wee reade not there of any great necessity nay of none at all but that they might on both sides have deferred the battaile had they conceived it any â—inne to fight that day Vpon the Sunday before Lent Anno 835. Ludovick the Emperour surnamed Pius or the godly together with his Prelates and others Baroâ— which had beene present with him at the assembly held at Theonville went on his journey unto Mets nor doe we finde that it did derogate at all from his name and piety Vpon the Sunday after Whitsontide Anno 844. Ludowick sonne unto Lotharius the Emperour made his solemne entrance into Rome the Roman Citizens attending him with their Flagges and Ensignes the Pope and Clergy staying his comming in S. Peterâ— Church there to entertaine him Vpon a Sunday Anno 1014. Henry the Emperour duodecem senatoribus vallatus environed with twelve of the Roman Senatours Ditmarus Hist. l. 7. came to S. Peters Church and there was crowned together with his wife by the Pope then being On Easter day in ipsa die paschalis solennitatis Anno. 1027. Conrade the Emperour was solemnely inaugurate by Pope Iohn Canutus King of England Otho Frising hist l. 6. c. 29. and Rodalph King of the Burgundians being then both present and the next Sunday after began his journey towards Germany Vpon Palme Sunday Anno. 1084. Wibert Archbishop of Ravenna was solemnly inthronized in the Chaire of Rome Vrspergens Câ—â—onicoâ— and the next Sunday after being Easter day Henry the third Imperiali dignitate sublimatus est was crowned Emperour On Passion Sunday Anno 1148. Lewis the King of France afterwards Canonized for a Saint made his first entrie into Hierusalem with all his Army and yet we reade not any where that it was layd in barre against him to put by his Sainting as possibly it might be now were it yet to doe What should I speake of Councells on this day assembled as that of Charles Anno 1146. for the recovery of the holy land of Tours on Trinity Sunday as wee call it now Anno 1164. against Octavian the Pseudo Pope that of Ferrara upon Passion Sunday Anno. 1177. against Frederick the Emperour or that of Paris Anno 1226. summoned by Stephen then Bishop there on the fourth Sunday in Lent for the condemning of certaine dangerous and erronious positions at that time on foote I have the rather instanced in these particulars partly because they hapned about these times when Prince and Prelate were most intent in laying more and more restraints upon their people for the more honour of this day and partly because being all of them publicke actions and such as mooved not forwards but by divers wheeles they did require a greater number of people to attend them And howsoever Councells in
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
solennibus reckoneth up certaine dayes in which it was permitted unto free-men to enjoy their festivall liberty as the phrase there is servis autem ijs qui sunt legitima officiorum servitute astricti non item but not to slaves and such as were in service unto other men viz. the twelve dayes after Christs Nativity dies ille quo Chrâ—stus subegit diabolum the day wherein our Saviour overcame the Divell the festivall of Saint Gregory seaven dayes before Easter and as many after the festivall day of Saint Peter and Paul the weeke before our Lady day in harvest All-Hallowtide and the foure wednesdayes in the Ember-weeke Where note how many other dayes were privileged in the selfe same manner as the Lords day was in case that bee the day then spoke of wherein our Saviour overcame the Divell as I thinke it is as also that this privilege extended unto free-men onely servants and bond-men being left in the same condition as before they were to spend all dayes alike in their masters businesses This Alured began his reigne anno 871. and after him succeeded Edward surnamed the Elder in the yeere 900. who in a league betweene himselfe and Gunthrun King of the Danes in England did publickely on both sides prohibite as well all markettings on the Sunday as other kinde of worke whatsoever on the other holy dayes Dacus si die Dominico quicquam fuerit mercatus reipsa Oris praeterea 12 mulctator Anglus 30 solidos numerato c. If a Dane bought any thing on the Lords day he was to forfeit the thing bought and to pay 12 Oras every Ora being the fifteenth part of a pound an Englishman doing the like to pay 30 shillings A freeman if he did any worke die quocunque festo on any of the holy dayes was forthwith to be made a Bondman or to redeeme himselfe with mony a bond-slave to be beaten for it or redeeme his beating with his purse The master also whether that he were Englishman or Dane if he compelled his servants to worke on any of the holy daies was to answer for it So when it had been generally received in other places to begin the Sunday-service on the Eve before it was enacted by K. Edgar surnamed the peaceable who began his reigne anno 959 diem Sabbati ab ipsa die Saturni hora pomeridiana tertia usque in lunaris diei diluculum festum agitari that the Sabbath should beginne on Saturday at three of the clocke in the afternoone and not as Foxe relates it in his Acts and Monuments at nine in the morning and so hold on till day breake on Monday Where by the way though it be dies Sabbati in the Latine yet in the Saxon copie it is onely Healde the holy day After this Edgars death the Danes so plagued this realme that there was nothing setled in it either in Church or state till finally they had wonne the Garland and obteined the Kingdome The first of these Canutus an heroicke Prince of whom it is affirmed by Malmesbury omnes leges ab antiquis regibus maxime sub Etheldredo latas that hee commanded all those lawes to be observed which had been made by any of the former Kings and those before remembred amongst the rest of which see the 42 of his Constitutions especially by Etheldred his predecessour and that upon a grievous mulct to bee layed on such who should disobey them These are the lawes which afterwards were called King Edwards non quòd ille statuerit sed quòd observarit not because hee enacted them but that he caused them to bee kept Of these more anon Besides which Lawes so brought together there were some others made at Winchester by this King Canutus Leg. 14. 15. and amongst others this that on the Lords day there should be no marketting no Courts or publicke meetings of the people for civill businesses as also that all men absteine from hunting and from all kind of earthly work Yet was there an exception too nisi â—lagitante necessitate in cases of necessity wherein it was permitted both to buy and sell and for the people to meet together in their Courtes For so it passeth in the Law Die Dominico mercata concelebrari populive convenâ—us agi nisi flagitante necessitate planissime vetamus ipso praeterea die sacrosancto à venatione opere terreno prorsus omni quisque abstineto Not that it is to be supposed as some would have it that he inteÌ„ded Sunday for a Sabbath day For entring on the Crown an 1017 he did no more then what had formerly been enacted by Charles the Great and severall Councels afâ—er him none of which dreamed of any Sabbath Besides it is affirmed of this Canutus Lib. 6. c. 29. by Otho Frisingensis that in the yeere 1027 he did accompany the Emperour Conrade at his coronation on an Easter day which questionlesse hee would not have done knowing those kinde of pompes to be meerely civill to have in them much of ostentation had he intended any Sabbath when he restrained some works on Sunday But to make sure worke of it without more adoe the lawes by him collected which we cal S. Edwards make the matter plaine where Sunday hath no other privilege then the other feaâ—ts which is more is ranked below theÌ„ The law is thus entituled De teÌ„poribus diebus pacis Domini Regis the text as followeth â—og de Hoveden in Henrico secundo Ab adventu Domini usque ad octavam Epiphaniae pax Dei Ecclesiae per â—mne regnuÌ„ c. From Advent to the ctaves of Epiphanie let no mans person be molested nor no suite pursued the like from Septuagesima to Low-sunday and so from holy thursday to the next Sunday after Whitsontide Item omnibus Sabbatis ab hora nona usque ad diem Lunae c. the like on Saturdayes from three in the afternoone untill munday morning as also on the Eves of the Virgin Mary S. Michael S. Iohn the Baptist all the holy Apostles of such particular Saints whose festivalls are published in the Church on the Sunday mornings the Eve of All Saints in November from three of the Clock till the solemnity be ended As also that no Christian be molested going to Church for his devotioÌ„s or returning thence or travelling to the dedicatioÌ„ of any new erected Church or to the Synods or any publicke chapter meeting Thus was it with the Lords day as with many others in S. Edwards Lawes which after were confirmed and ratified by King Henry the second after they had long beene neglected 4 Now goe wee forwards to the Normans and let us see what care they tooke about the sanctifying of the Lords day whether they either tooke or meant it for a Sabbath And first beginning with the reigne of the first six Kings wee finde them times of action and full of troubles as it doth use to bee in unsetled states no Law
aquarum cap. 16. §. 2. à die Sabbati post vesperas usque ad diem lunae post ortum solis from Saturday after Evening prayer untill Sunne-rising on the munday This after was confirmed in the first Parliament of King Iames the first and is to this day called the Saturdaies Slop So easily did the Popes prevalle with our now friends of Scotland that neither miracle nor any speciall packet from the Court of Heaven was accounted necessary 8 But here with us in England it was not so though now the Popes had got the better of King Iohn that unhappy Prince and had in Canterbury an Archbishop of their owne appointment even that Steven Langâ—on about whom so much strife was raised Which notwithstanding and that the King was then a Minor yet they proceeded here with great care and caution and brought the holy dayes into order not by command or any Decretall from Rome Ap. Lindâ—ood but by a councell held at Oxford Annâ— 1222 where amongst other ordinances tending unto the government of the Church the holy dayes were divided into these three rankes In the first ranke were those quae omni veneratiâ—ne servanda erant which were to bee observed with all reverence and solemnity of which sort were omnes dies Dominici c. all Sundayes in the yeere the feast of Christs Nativity together with all others now observed in the Church of England as also all the festivalls of the Virgin Mary excepting that of her Conception which was left at large with diverse which have since beene abogated And for conclusion festum dedicationis cujuslibet Ecclesiae in sua parochia the Wâ—kes or feasts of dedication of particular Churches in their proper parishes are there determined to bee kept with the same reverence and solemnity as the Sundayes were Nor was this of the Wakes or feasts of dedication any new devise but such as could pleade a faire originall from the Councell held in Mentz anno 813 If it went no higher For in a Catalogue there made of such principall feasts as annually were to bee observed they reckon dedicationem templi the consecration feast or wake as wee use to call it and place it in no lower ranke in reference to the solemnity of the same then Easter Whitsontide and the rest of the greater festivalls Now in those Wakes or feasts of dedication were either held upon the very day on which or the Saints day to which they had first been consecrated But after finding that so many holy dayes brought no small detriment to the commonwealth it came to passe that generally these Wakes or feasts of dedication were respited untill the Sunday following as wee now observe them Of the next ranke of feasts in this Councell mentioned were those which were by Priest and Curate to bee celebrated most devoâ—tly with all due performances minoribus operibus servilibus secundum consuâ—tudinem lâ—â—i iâ—â—is diebus interdictis all servile workes of an inferiour and lesse important nature according to the custome of the place being layd aside Such were Saint Fabian and Sebastian and some twenty more which are therein specified but now out of 〈◊〉 and amongst them the festivall of Saint George was one which after in the yeere 1414 was made by Chicheley then Archbishop a Majus duplex and no lesse solemnely to be observed then the feast of Christmasse Of the last ranke of 〈◊〉 were those in qâ—ibus post missaâ— opera rusticana â—oncedebantur sed antequam non wherein it was permitted that men might after Masse pursue their Countrey businesses though not before and these were onely the Octaves of Epiphanie and of Iohn the Baptist and of Saint Peter together with the translations of Saint Benedict and Saint Martin But yet it seemes that on the greater festivalls those of the first ranke there was no restraint of tillage and of shipping if occasion were and that necessity did require though on those dayes Sundayes and all before remembred there was a generall restraint of all other works For so it standeth in the title prefixt before those festivallsâ— haec sunt festa in quibus prohibitis aliis operibus conceduntur opera agriculturae carrucarum Where by the way I have translated carrucarum shipping the word not being put for plough or Cart which may make it all one with the word foregoing but for shipps and sayling Carruca signifieth a shippe of the greater burden such as to this day wee call Carrects which first came from hence And in this sense the word is to bee found in an Epistle writ by Gildas Illis ad sua remeantibus emergunt certatim de Carruchis quibus sunt trans Seyticam vallem avecti So then as yet tillage and sayling were allowed of on the Sunday if as before I said Math. Westmâ—naster occasion were and that necessity so required Of other passages considerable in the reigne of K. Henry the third the principall to this point and purpose are his owne coronation on Whitsonaaâ— anno 1220 two yeeres before this Councell which was performed with great solemnity and concourse of people Next his bestowing the order of Knighthood on Richard de Clare Earle of Gloucester accompanied with forty other gallants of great hopes and spirit on Whitsunday too anno 1245 and last of all a Parliament assembled on mid-lent Sunday Parliamentum generalissimum the Historian calls it the next yeere after 9 This was a faire beginning but they staid not here For after in a Synod of Archbishop Iâ—â—ippes he was advanced unto that see anno 1349. Lindw l. 2. tiâ— de feriâ—s it was decreed de fratrum nostrorum consiliâ— with the assent and counsaile of all the Prelates then assembled that on the principall feasts hereafter named there should bee generally a restraint through all the Province ab universis servilibus operibus etiam reipubl utilibus even from all manner of servile works though otherwise necessary to the Commonwealth This generall restraint in reference to the Sunday was to beginne on Saturday night ab hora diei Sabbatâ— vespertina as the Canon goes not a minute sooner and that upon good reason too nâ— Iudaic ae superstitionis participes videamur lest if they did beginne it sooner as some now would have us they might bee guilty of a Iewish superstition The same to bee observed in such other feasts quae suas habent vigilias whose Eves had formerly beene kept As also that the like restraint should bee observed upon the feast of Christmasse S. Steven S. Iohn c. and finally on the Wakes or dedicationâ— feasts which before we spake of Now for the woâ—kes before prohibited though necessary to the Commonwealth as wee may reckon husbandry and all things appertayning thereunto so probably wee may reckon lawdayes and all publicke sessions in Courts of Iustice in case they had not beene left off in former times when as the Iudgâ—s generall being of the Clergy might in obedience to 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