lex de ferrâ—â—s who called the Lords day the religious day and held it to be so honourable and venerable that they forbad all arrests Law-sutes and commanded all Advocates and Câ—yers to be silent also Apparitours of every Judge were inhibited nor had allowed them any pretext private or publick for doing their office on this day The Esterne Emperour Emanuel Comnenus decreed that Anno 1174. all accesse to the Tribunal should be shut up and that no Judge should sit on any cause this day Charles the Great in Anno 789. published his royall Edict saying we doe ordaine according as it is commanded in the Law of God that no man doe servile work on the Lords day in works of Husbandrie in dressing of their Vines Plowing making Hay fencing Grounds grubbing and felling Trees working in Mynes Building planting Gardens Pleading Hunting Weaving dressing Cloth making Garments needle work carding Wooll beating Hemp washing Clothes shearing Sheep but that they come to the Church to Divine Service and magnifie the Lord their God for those good things which on that day he hath done for them This Great Charles forbad also Markers and Law dayes on this day which was confirmed by five Councels which he caused to be gathered Thus we see the care of Emperours CHAP. XIX How it was to be kept by the Edicts of Christian Kings in this our Kingdome THe Kings in this Island of Great Brittaine have from time to time shewed a religious care concerning the observation of our Sunday In King Ina's raigne Anno 688 900 yeers since a Master might not force his bond servant to work if he did the servant was freed and the Master was punished and was to pay thirty shillings but if the servant wrought without his Masters commandement hee should bee whipt or redeeme his whipping with a price and if a Freeman to loose his freedome or pay three pounds King Alured and Edward his sonne in a league between Cited by Bishop White pag. 222. him and Gunthran King of the Danes in this land did prohibite all Markets and other kinds of works whatsoever on the Sunday The thing bought was forfeited and to pay money too and the servant working being a Freeman was to bee made a slave or to redeeme himselfe if a slave then to be beaten and his Master to answer for causing him to work None guiltie was to die on this day for his offence but to be imprisoned till the day was past King Athelstan forbad buying and selling on this day under a penaltie King Edgar commanded every Sunday to be celebrated of every one from Saturday at three aclock in the afternoone till Munday morning at break of the day King Canutus ordained the observation of the Lords day as King Edgar had done from three a clock in the afternoon on Saturday till Munday Hee also inhibited Markets Courts and publick meetings for civill businesse hunting and that every one should rest from worldly works King Edward the Confessor would have none molested either going to the Church to serve God or comming from it King Edward the Third in his time the shewing of Woolls should not be made at the Staple on Sundayes and on the solemne Feasts King Henry the Sixth in his dayes Fayres and Markets were forbidden as an abominable injury and offence to Almightie God Yea it was held then by John de Burge Chancelour of the Universitie of Cambridge that the Sunday might be called the Sabbath as before I noted for that we were then to rest from all servile work arts mechanick husbandry law-dayes markets and to bee busied at our prayers publick service of the Church in Hymnes and spirituall Songs and hearing of Sermons King Edward the Fourth in his raigne were forbidden as unlawfull games Dice quoits tennis bowling as also the felling of shooes bootes nor was it lawfull for Shoomakers to put upon the feet or pull on the legges any shooes or boots on Sundayes In whose time it was judged That sale made on a Sunday of any thing was not good nor altered the propertie of it King Edward the Sixth it was in his dayes manifested by Act of Parliament that the Sundayes were holy dayes and other dayes there expressed wherein Christians should cease from all kinde of labour and apply themselves only and wholly unto holy works properly belonging to true religion which holy works were to be called Gods Service whereunto such times and dayes were sanctified and hallowed that is to say separated marke it well from all profane uses In Queen Elizabeth her reigne this Statute of King Edward the Sixth was in use and practice and the observation of the holy day was enjoyned by the twentieth of her Majesties Injunctions in the same words with our now thirteenth Canon which was taken out of that Injunction Thus farre for this Kingdome before the happy uniting of the two Kingdomes in one CHAP. XX. How our late Soveraigne King James and now our King Charles would have it observed KIng James the learnedst King that ever this Nation Anno 1603. May 7. had at his entrance of his reigne sent out his royall pleasure by Proclamation in which we may observe First that hee calleth the day againe and againe the Sabbath day Secondly the drift of the Proclamation was both for the better observing of the day and for the avoiding of all impious profanation of it Thirdly that he forbad Beare-baitings Bull-baitings Enterludes Common Plaies and other like disordered or unlawfull exercises or pastimes After this in the Conference at Hampton Court when that great Scholer Doctor Rainold desired a straighter course for the Reformation of the abuse of the Sabbath there was found a generall unanimous consent thereto of the King of the Prelates and of that honourable Assembly met then in that place Furthermore when the Parliament was held and a Convocation of the reverend Clergie the same yeere the pious Canon before mentioned agreeing almost verbatim with the Queenes Injunction was then framed for the keeping holy the Lords day with other holy dayes Also in the selfe same yeere at the Commencement in Cambridge as before hath been noted a Doctor held this Thesis Dies Dominicus nititur verbo Dei and so determined by the Vice-Chancelour Lastly as before in the raigne of Queene Elizabeth so in King James his time large Treatises of Celebrating the Lords day were published under Authority licensing the same among which was the Practice of Piety by a Bishop and Bishop Downhams exposition upon the Commandâ—ments to mention no other of lower rank though some of them learned and reverend Divines King Charles our now gracious Soveraigne hath with the flower of this whole Land by Act of Parliament declared himselfe with them concerning the holy observation of this day First In giving it the title of the Lords day Secondly In affirming that in the keeping of the day holy it is a principall part of the true Service of God Then undoubtedly
hee highly pleaseth God who keepeth holy the whole day For by the judgment of the King and the whole State such a one as keepeth it is performing a principall part of the true Service of God Thirdly In prohibiting on this day all meetings assemblies or concourse of people out of their owne Parishes for any sportes or pastimes whatsoever All Beare-baitings Bull-baitings Common Plaies Enterludes or any other unlawfull exercises or pastimes Also that no Carryer Waggoner Waine-man Car-man or Drover travell on the Lords day Or any Butcher by himselfe or by any other with his privitie and consent kill or sell any victuall on this day Hereto may I adde our Common Law by which as the Sages in the Law have resolved it That the day is exempted from Law-dayes publik Sessions in Courts of Justice and that no plea is to be holden no writ of a Scire facias must beare date on a Sunday for if it doe it is an errour so a Fine levied with Proclamations if the Proclamations bee made on this day all of them are held erroneous acts And all this was for the solemnitie of the day as also the intent that the people might apply themselves to prayer and Gods publick Worship and Service Thus we see the honourablenesse of this day and the high esteeme thereof as it hath beene and still ought to bee in our Kingdome amongst all faithfull Christians CHAP. XXI What Councels and Synods have decreed touching the observation of this day IT cannot be but where Emperours and Kings have taken care for keeping holy the Lords day they had the judgâ—ment of the godly Divines in their times But to cleare more this point let us see what hath by the learned beene decreed concerning this The Councell of Carthage decreed to petition the Emperour then that there might bee no Shewes nor other See Dr. Heylin pag. 101. 111. pag. 112. Playes on the Lords day c. The Councell held at Aragon would have no sentence pronounced in any cause on the Lords day The third Councell at Orleance informeth us that husbandry reaping hedging and such servile works were prohibited The Councell at Mascon decreed that the day should be kept holy calling it the Lords day the day of our new birth the everlasting day of rest insinuated unto us under the shadow of the seventh day or Sabbath in the Law and the Prophets On this day none were to meddle in Litigious Controversies in actions or Law Suits nor prepare his Oxen for daily labour but to goe to the Church and there powre out his soule in teares and prayers celebrate the day with one accord offer unto God their free and voluntary service exercise themselves in Hymnes and singing praises unto God being intent thereon in minde and body c. The Councell at Dingulosinum in Bavaria determined that upon Sunday every one being intent upon Divine rest should abstaine from prophane or common businesses In the Councell of Angiers tradesmen were appointed to lay by their labours and among those the Miller and the Barber The Councell at Coleine decreed that the people should be diligently admonished why other holy dayes but especially the Lords day which hath beene alwayes famous in the Church from the Apostles time were instituted to wit that all might equally come together to heare the Word of the Lord to receive the Sacraments to apply their mindes to God alone to be spent only in Prayers Hymnes Psalmes and spirituall Songs And here were prohibited Playes Dances wicked Discourses filthy Songs all Luxurie and Victualling Houses were commanded to be shut up Concilium Bituriense exhorteth saying Let them practice nothing but that which savours of pietie and there are prohibited prophane Assemblies ryotous Feasts Dances Morices disguises Stage Playes and going to Alehouses Concilium Basiliense forbad Dice and Tables and would that such as did walke with chaste eyes modesty and gravitie should not goe to Dancing In a Synod held at Friuli it was decreed That all Christian men should with all reverence and devotion honour the Lords day and abstaine from all carnall acts Etiam * So S. Augu. in 244. Serm. de tempore à propriis conjugibus and all earthly labours and goe to the Church devoutly A Synode held in Aken or Aquiâ—granum 800. yeeres agoe held that in reverence to the Lords day it should no more bee lawfull to marry or bee married In a Roman Synod under Leo the fourth it was decreed that no Market no not for meat should be kept and no person should receive judgment on that day And under Alexander the third in a Councell of Compeigne it was ordained that none should bee doomed to death or condemned to bodily punishment In a Synod at Coy it was decreed that men should doe no servile work nor take any journey A Synod at Petricow in Poloniae forbad Taverne-meetings Dice Cards and such like pastimes as also instrumentall musick and Dancing CHAP. XXII What Popes the Canon Law Archbishops Bishops and other learned men have said concerning the hallowing of this day 1 Popes POpe Alexander the third saith that both the old and new Testament depute the seventh day unto rest Pope Gregory the ninth commanded a restraint from labour both of man and beast In Pope Eugenius his time the Princes and Prelates as Doctor Heylin confesseth did agree together to raise the Lords day to as high a pitch as they fairely might and a Canon was made by that Pope in a Synod at Rome 800 yeares agoe to forbid businesses and works of labour criminall causes and vaine sports on the Lords day and other Festivalls Pope Gregory in Epist 3. lib. 11. held it not lawfull for any to See Ios Bentham his society of Sects pag. 154. citing Leo the first and Leo the third their decrees for carefull observation of the Lords day bath themselves out of luxury and pleasure on the Lords day but that wee should rest from our earthly labours and by all meanes abide in prayers c. By the Canon Law grinding hath beene inhibited and by the same Lawes travelling hath beene forbidden and counted a mortall sinne See at large Doctor Heylin out of Tostatus the strictnesse of the observation of the Lords day and holy dayes let me adde one thing out of Summa Angel tit interrogationes in confessione The Priests did ask the confitents as a sinne whether they had used pastimes and dancings on the Lords day Our Linwood the Canonist de Consecr Dist 3. ca. Jemina saith Die Dominico nihil aliud agendum nisi Deo vacandum nulla operatio in illa die sancta agatur nisi tantum Hymnis Psalmis Canticis spiritualibus dies illa transigatur 2 Archbishops and Bishops ARchbishop Islips with the assent and counsell of the Prelates assembled in a Synod 1349 decreed that there should bee a generall restraint from all manner of servile work and that the Sunday should begin at the Saturday at Evening Cuthbert
day were to shew their delight in the Lord count the day honourable to the Lord and learn to expresse self denyall of their own thoughts delights and work Is 58. 13 14. 6. On this day they did not fast Judith 8. 6. but made merry for it was called the day of their gladnesse Num. 10. 10. wherein they might cheerfully refresh themselves and send relief unto the poor after such former duties done towards the Evening but this mirth was for their understanding of the Word Neh. 8. 9 10 11 12. It is true that this holy day to the Lord was the feast of Tabernacles but why they might not now do so on the Sabbath day I see nothing to the contrary For the strict precepts in the Wildernesse were out of date and the Primitive Church who observed our Christian Sabbath in the roome of the Jewish did make a feast after the end of Divine service See for the observation of that Sabbath Philo Judaeus de vita Mosis de vita Contempla De legatione sua ad Cajum Câ—sarem cited by Wallâ—us de Sab. pag. 127. 134. 135. 136. See also Dav. Kimchâ—on Psa 92. cited by Goniarus in his Book de Sab. pag. 81. SECTION XXVII Of Judaizing and true understanding thereof IT pleased some to taxe others of Judaisme concerning the Sabbath day And why of Judaisme know they why Judaisme was from the Jews but the Sabbath was long before this name became peculiar to a single tribe in Israel Judah so called Seeing they fasten as they must Judaisme upon the Jews let us see after this Tribe was separated from the ten tribes of Israel how they did Sabbatize for so we shall behold their Judaisme that we may judge with righteous judgement For the better understanding hereof let us consider the Jews as before Christs coming when he was come and afterwards in the times following Of these we must have a twofold consideration as faultlesse or faulty 1. As Faultlesse this is no Judaizing for in our discourse its taken in ill part They ever held and do hold the fourth Commandment perpetuall and so ought we as is before proved They held the seventh day Sabbath from the Creatâ—on which they had a warrant from God to do till the Resurrection of Christ so farre faultlesse without Judaizing in an ill sense As faulty and thus I. Before the coming of Christ we shall read that they were 1. Observers of the Sabbath in a bare rest from servile work but then doing their own waies finding their own pleasures not delighting themselves in the Lord nor labouring for Self-denyall on that day Of this their Sabbatizing the Prophet Isaiah speaketh who herein laboured to reform them Isai 58. 13 14. 2. Great prophaners of the Sabbath as appeareth by the Prophets complaints Jer. 17. 27. Ezech. 20. 13 16 21 24 and 22. 8. By Gods punishing of them driving them out of their Land as Captives for tbe breach of the Sabbath 2 Chron. 36. 21. as God had threatned Levit. 26. 34 35. By the Story in Nebe 13. 15 18. where Nehemiah telleth them that the prophaning of the Sabbath was the sin of their Fathers and the evill of their captivity befell them for it Now who with us do so Judaize and Sabbatize both these wayes let the world judge II. At Christs coming we may read That the Jews ceasing from such former prophanesse now were become grosly superstitious not allowing such things to be done as might be lawfully done without the breach of the fourth Commandement as in former instances are cleared This foolish superstition our Saviour confuted by word and by his works And therefore none of sound judgement with us do so Sabbatize our onely care is to observe the Commandement as the godly Jews did shewed in the former 26 Section and as the holy rest requireth in keeping the day holy as set apart for holy ends without putting any holinesse in the day it self III. After Christs Ascension and his Kingdome erected the Jews did faulty in their Sabbatizing 1. In observing the Seventh day from the Creation which was at that time out of date and now not to be observed of any Christian if any do these be Sabbatarians and do properly Judaize and not others It s a foul sin to belye and slander men and to brand them with names of reproach falsly 2. In carnally keeping the Sabbath as the Imperiall Edict of Charles the Great doth speak for these kept it in idlenesse in dancing and revelling See Ignatius in his Epistle to the Magn. St. Augustine de consensu Evangelist lib. 2. cap. 77. This Jewish Sabbatizing let those be blamed for who are guilty and the fault be where it is Thus much for the Mosaicall Sabbath FINIS A Large TREATISE OF THE CHRISTIAN SABBATH THE LORDS DAY also now commonly called SUNDAY By Richard Bernard Rectour of Batcombe Wee ought to doe all things for the truth but nothing against it for hee that striveth against the truth striveth against God for God is truth Let every friend of Christ observe the Lords day Ignatius in Ep. ad Magnes In the honour of Christ his Resurrection Clem. Rom. Const lib. 7. cap. 24. LONDON Printed by R. Bishop for Edward Blackmore at the signe of the Angel in Pauls Church-yard The Contents of this Treatise Chapter 1. THe Preface shewing wherein wee generally consent and agree in one Chap. 2. Of the title of Lords day and of the name Sunday Chap. 3. Of the name Sabbath given to this our Lords day or Sunday Chap. 4. Of the Reasons why it may be so called without offence Chap. 5. In what circuit of time this day hath beene kept to wit weekly with the Reason thereof Chap. 6. Of the first day of the week that it is the Lords day and also the seventh day Chap. 7. Of the time when this first day began to be the Lords day and upon what ground Chap. 8. Of the divers opinions concerning the beginning and ending of the Lords day and wherein Conscience may rest it selfe Chap. 9. The authority is divine by which it was established Chap. 10. It is of divine authority from Christ himselfe Chap. 11. Of some Objections which may be made against it answered Chap. 12. That this day cannot be changed Chap. 13. Of the honourable esteeme of this our Lords day and that it is to be preferred before all other festivall dayes Chap. 14. This day is to be kept holy and the whole day too Chap. 15. How this day is to bee kept holy morally as the ancient Sabbath was kept Chap. 16. How our Lords day was kept in the Apostles dayes and the Primitive times Chap. 17. How our Church would have our Sunday kept holy Chap. 18. How Christian Emperours would have it kept by their Imperiall Constitutions Chap. 19. How it was to be kept by the Edicts of Christian Kings in this our Kingdome Chap. 20. How our late Soveraigne King James and now our King