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
profestis diebus hoe fiat secus si hoc fiat ex causa honesta intentione non corrupta à persona cui talia non sunt prohibita With which determination I conclude this Chapter 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 Sabbath and the Lords day delivered by three severall Martyrs conformably to the iudgement of the Protestants before remembred 2 The Lords day and the other holy dayes confessed by all this Kingdome in the Court of Parliament to have no other ground then the authority of the Church 3 The meaning and occasion of that clause in the Common prayer booke Lord have mercy upon us c. repeated at the end of the fourth Commandment 4 That by the Queenes Injâ—nctions and the first Parliament of her reigne the Lords day was not meant for a Sabbath day 5 The doctrine in the Homilies deliâ—ered about the Lords day and the Sabbath 6 The summe and substance of that Homily and that it makes not any thing for a Lords day Sabbath 7 The first originall of the New Sabbath Speculations 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 of the other effects thereof 9 What care was taken of the Lords day in King Iames his reigne the spâ—eading of the doctrines and of the Articles of Ireland 10 The Iewish Sabbath set on foote and of King Iames his declaration abouâ— lawfull sports on the Lords day 11 What tracts were writte and published in that Princes time in opposition to 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 by our present Soveraigne and the misconstruing of the same His Majesty reviveth and enlargeth the declaration of King Iames. 14 An exhortation to obedience unto his Majesties most Christian purpose concludes this History 1 THVS are wee safely come to these present times the times of reformation wherein what ever had beene taught or done in the former dayes was publickely brought unto the test and if not well approved of layed aside either as unprofitable or plainely hurtfull So dealt the Reformatours of the Church of England as with other things with that which wee have now in hand the Lords day and the other holy dayes keeping the dayes as many of them as were thought convenient for the advancement of true godlinesse and increase of piety but paring off those superstitious conceits and matters of opinion which had beene enterteined about them But first before wee come to this wee will by way of preparation lay downe the iudgements of some men in the present point men of good quality in their times and such as were content to bee made a sacrifice in the Common cause Of these I shall take notice of three particularly according to to the severall times in the which they lived And first wee will beginne with Master Fryth who suffered in the yeere 1533 who in his declaration of Baptisme thus declares himselfe P. 96. Our forefathers saith hee which were in the beginning of the Church did abrogate the Sabbath to the intent that men might have an ensample of Christian liberty c. Howbeit because it was necessary that a day should be reserved in which the people should come together to heare the word of God they ordayned insteed of the Sabbath which was Saturday the next day following which is Sunday And although they might have kept the Saturday with the Iew as a thing indifferent yet they did much better Some three yeeres after him anno 1536 being the 28 of Henry the eight suffered Master Tyndall who in his answer to Sir Thomas More hath resolved it thus Pag. 287. As for the Sabbath we be Lords over the Sabbath and may yet change it into Munday or into any other day as wee see neede or may make every tenth day holy day onely If we see cause why Neither was there any cause to change it from the Saturday but to put a difference betweene us and the Iewes neither need wee any holy day at all if the people might bee taught without it Last of all Bishop Hooper sometimes Bishop of Gloucester who suffered in Queene Maries reigne doth in a treatise by him written on the ten Commandements and printed in the yeere 1550 goe the selfe same way Pag 103. Wee may not thinke saith hee that God gave any more holinesse to the Sabbath then to the other dayes For if yee consider Friday Saturday or Sunday in as much as they be dayes and the worke of God the one is no more â—oly then the other but that day is alwayes most holy in the which we most apply and give our selves unto holy works To that end did hee sanctify the Sabbath day not that wee should give our selves to illenesse or such Ethnicall pastime as is now used amongst Ethnicall people but being free that day from the travailles of this world wee might consider the works and benefits of God with thankesgiving heare the word of God honour him and feare him then to learne who and where bee the poore of Christ that want our helpe Thus they and they amongst them have resolved on these foure conclusions First â—hat one day is no more holy then another the Sunday then the Saturday or the Friday further than they are set apart for holy uses Secondly that the Lords day hath no institution from divine authority but was ordained by our fore fathers in the beginning of the Church that so the people might have a Day to come together and heare Gods Word thirdly that still the Church hath power to change the day from Sunday unto Monday or what day shee will And lastly that one day in seven is not the Morall part of the fourth Commandement for M. Tyndall faith expressely that by the Church of God each tenth day onely may be kept holy if wee see cause why So that the mervaile is the greater that any man should now affirme as some men have done that they are willing to lay downe both their Lives and Livings in maintenance of those contrary Opinions which in these latter dayes have been taken up 2 Now that which was affirmed by them in their particulars was not long afterwards made good by the generall Bodie of this Church and State the King the Lords Spirituall and Temporall and all the Commons met in Parliament 5. 6. Edw. 6. cap. 3. anno the fift and sixt of King Edward the sixt where to the honour of Almighty God it was thus enacted For as much as men bee not at all times so mindfull to laud and praise God so readie to resort to heare Gods Holy Word and to come to the holy Communion
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
unto the Plea which you oft have made I verily perswade my selfe that you will quickely finde your errour and that withall you will discover how to abet a new and dangerous Doctrine you have deserted the whole practise of the Christian Church which for the space of 1600. yeeres hath been embraced and followed by all godly men These are the hopes which we project unto our selves The cause of this out undertaking was your information and the chiefe end we aime at is your reformation Your selves my Brethren and your good if I may procure it are the occasion and the recompence of these poore all prejudice which possibly you may be possessed withall either in reference to the Argument or unto the Author and 〈◊〉 perâ—use thiâ— following Story with as much â—â—â—â—glenesse of 〈…〉 of truth and inâ—ocation of Gods Spirit to finde out the same as was by me used in the writing of it It is your welfare which I aime aâ— as before was said your restitution to your functions and reconciliation to the Church from which you are at point of falling that wee with you and you with us laying aside those jealousies and distrusts which commonly attend oâ— divided minds may joyne our hearts and hands together for the advancement of Gods Honour and the Churches peace And God even our owne God shall give 〈◊〉 his blessing For others which shall reade this Storie whether by you misguided or yet left entire I doe desire them to take notice that there iâ— none so much a stranger to good Arts and Learning whom in this case and kind of writing I dare not trust with the full cognizance of the cause herein related In points of Law when as the matter seemes to be above the wit of common persons or otherwise is so involved and intricate that there hath beene no Precedent thereof in former times it is put off to a demurrer and argued by my Lords the Iudges with their best maturitie of deliberation But in a matter of fact we put our selves upon an ordinarie Iurie not doubting if the evidence prove faire the Witnesses of faith unquestioned and the Records without suspition of imposture but they will doe their conscience and finde for Plaintiffe or Defendâ—nt as the cause appeares So in the businesse now in â—and that part thereof which consists most of argument and strength of disputation in the examining of those reasons which Pro or Con have been alledged are by me lefâ— to be discussed and weighed by them who either by their place are called or by their learning are inabled to so great a businesse But for the point of practice which is matter of fact how long it was before the Sabbath was commanded and how it was observed being once commanded how the Lords day hath stood in the Christian Church by what authority first instituted in what kinde regarded these things are offered to the judgement and consideration of the meanest Reader No man that is to be returned on the present Iury but may be able to give up his verdict touching the title now in question unlesse hee come with passion and so will not heare or else with prejudice and so will not value the evidence which is produced for his information For my part I shall deale ingenuously as the cause requires as of sworne counsell to the truth not using any of the mysteries or Arts of pleading but as the holy Fathers of the Church the learned Writers of all Ages themost renowned Divines of these latter times and finally as the publicke Monuments and Records of most Nations christned have furnished me in this enquirie What these or any of them have herein either said or done or otherwise left upon the Register for our direction I shall lay downe in order in their severall times either the times in which they lived or whereof they writ that so we may the better see the whole succession both of the doctrine and the practise of Gods Church in the present businesse And this with all integritie and sincere proceeding not making use of any Author who hath been probably suspected of fraud or forgery nor dealing otherwise in this search than as becomes a man who aimes at nothing more than Gods publike service and the conducting of Gods people in the wayes of truth This is the summe of what I had to say in this present Preface beseeching God the God of truth yea the truth it selfe to give us a right understanding and a good wiâ—l to doe thereafter SYLLABVS CAPITVM PART I. 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 Gen. 2. And God blessed the seventh day c. are there delivered as by way of Anticipation 3 Anticipations in the Scripture confessed by them who denie it here 4 Anticipations of the same nature not strange in Scripture 5 No Law imposed by God on Adam touching the keeping of the Sabbath 6 The Sabbath not ingraft by nature in the soule of man 7 The greatest Advocates for the Sabbath denie it to be any part of the law of nature 8 Of the morality and perfection supposâ—d 〈◊〉 be in the number of seven by some learned men 9 That Other numbers in the confession of the same learned men particularly the first third and fourth are both as morall and as perfect as the seventh 10 The like is proved of the sixth eighth and tenth and of other numbers 11 The Scriptures not more favorable to the number of seven than they are to others 12 Great caution to be used by those who love to recreate themselves in the mysteries of numbers CHAP. II. That there was no Sabbath kept from the Creation to the Flood 1 Gods rest upon the seventh day and from what he rested 2 Zanchius conceit touching the sanctifying of the first seventh day by Christ our Saviour 3 The like of Torniellus touching the sanctifying of the â—ame by the Angels in heaven 4 A generall demonstration that the Fathers before the Law did not keepe the Sabbath 5 Of Adam that hee kept not the Sabbath 6 That Abel and Seth did not keepe the Sabbath 7 Of Enos that hee kept not the Sabbath 8 That Enoch and Methusalem did not keepe the Sabbath 9 Of Noah that he kept not the Sabbath 10 The Sacrifices and devotions of the Ancients were occasionall CHAP. III. That the Sabbath was not kept from the Flood to Moses 1 The Sonnes of Noah did not keepe the Sabbath 2 The Sabbath could not have beene kept in the dispersion of Noahs sonnes had it beene commanded 3 Diversitie of Longitudes and Latitudes must of necessitie make a variation in the Sabbath 4 Melchisedech Heber Lot did not keepe the Sabbath 5 Of Abraham and his sonnes that they kept not the Sabbath 6 That Abraham did not keepe the Sabbath in the confession of the Jewes 7 Jacob nor Job no Sabbath-keepers 8 That neither Iacob
to be no ordinance of the Lords that he exacteth no such duty from us and that it is an ecclesiasticall exhortation onely and no more but so And if no more but so it were too great an undertaking to bring all nations of the world to yeeld unto the prescript of a private and particular Canon made onely for a private and particular cause and if no more but so it concludes no Sabbath 8 Yet notwithstanding these restraints from worke and labour the Church did never so resolve it that any worke was in it selfe unlawfull on the Lords day though to advance Gods publicke service it was thought good that men should bee restrained from some kinde of worke that so they might the better attend their prayers and follow their devotions It s true these centuries the fifth and sixth were fully bent to give the Lords day all fit honour not onely in prohibiting unlawfull pleasures but in commanding a forbearance of some lawfull businessâ— such as they sound to yeeld most hinderance to religious duties Yea and some workes of pietie they affixt unto it for its greater honour The Prisoners in the common Gaoles had formerly beene kept in too strictly It was commanded by Honorius and Theodosius at that time Emperous Anno 412. that they should be permitted omnibus diebus dominicis every Lords day to walke abroade with a guard upon them as well to crave the charity of well disposed persons as to repaire unto the Bathes for the refreshing of their bodies Nor did he onely so command it but set a mulct of 20 pound in gold on all such publicke ministers as should disobey the Bishops of the Church being trusted to see it done Where note that going to the Bathes on the Lords day was not thought unlawfull though it required no question corporall labours for had it beene so thought as some thought it afterwards the Prelates of the Church would not have taken it upon them to see the Emperours will fulfilled and the law obeyed A second honour affixt in these Ages to the Lords day is that it was conceived the most proper day for giving holy Orders in the Church of God and a law made by Leo then Pope of Rome and generally since taken up in the Westerne Church that they should bee conferred upon no day else There had beene some regard of Sunday in the times before and so much Leo doth acknowledge Quod ergo a patribus nostris propensiore cura novimus servatum esse Epl. decret 81. a vobis quoque volumus custodiri ut non passim diebus omnibus sacerdotalis ordinatio celebretur But that which was before a voluntary Act is by him made necessary and a law given to all the Churches under his obedience Vt his qui consecrandi sunt nunquam benedictiones nisi in die resurrectionis dominicae tribuantur that ordinations should bee celebrated on the Lords day onely And certainely he gives good reason why it should be so except in extraordinarie and emergent cases wherein the law admits of a dispensation For on that day saith he The holy Ghost descended upon the Apostles and thereby gave us as it were this celestiall rule that on that day alone we should conâ—erre spirituall orders in quo â—ollata sunt omnia dona gratiarum in which the Lord conferred upon his Church all spirituall graces Nay that this busines might be done with the more solemnity and preparation it was appointed that those men who were to be invested with holy Orders should continue fasting from the Eve before that spending all that time in prayer and humbling of themselves before the Lord they might be better â—itted to receive his Graces For much about these times the service of the Lords day was enlarged and multiplyed the Evenings of the day being honoured with religious meetings as the Mornings formerly Yea and the Eves before were reckoned as a part or parcell of the Lords day following Cui a vespere sabbati initium constat ascribi as the same Decretall informes us The 251 Sermon de tempore ascribed unto Saint Aâ—stine doth affirme as much but we are not sure that it is his Note that this Leo entred on the chaire of Rome Anno 440 of our Saviours birth and did continue in the same full 20 years within which space of time he set out this decretall but in what yeare particularly that I cannot finde 10 I say that now the Evenings of the Lords day began to have the honour of religious meetings for ab initio non fuit sic it was not so from the beginning Nor had it beene so now but that almost all sorts of people were restrained from worke aswell by the Imperiall Edicts as by the constitutions of particular Churches by meanes where of the afternoone was left at large to bee disposed of for the best increase of Christian Pietie Nor probably had the Church conceived it necessary had not the admiration which was then generally had of the Monasticke kinde of life facilitated the way unto it For whereas they had bound themselves to set houres of prayer Epitaphium Paulâ— matr Mane hora tertia sexta nona vespere noctis medio at three of the clocke in the morning at sixe at nine and after in the evening and at midnight as S. Hierome tells us the people generally became much affected with their strict devotions and seemed not unwilling to conforme unto them as farre at least as might consist with their vocations upon this willingnesse of the people the service of the Church became more frequent then before and was performed thrice every day in the greater Churches where there were many Priests and Deacons to attend the same namely at sixe and nine before noone and at sometime appointed in the evening for the afternoone accordingly as now wee use it in our Cathedrall and Collegiate Churches But in inferiour townes and pettit villages where possibly the people could not every day attend so often it was conceived sufficient that they should have the morning and the evening prayer sung or sayd them that such as would might come to Church for their devotions and so it is by the appointment of the Rubricke in ouâ— Common Prayer Booke Onely the Sundayes and the holyâ— dayes were to be honoured with two severall meetings in the morning the one at sixe of the Clocke which simply was the morning service the other at nine for the administration of the holy Sacrament and Preaching of the Word to the congregation This did occasion the distinction of the first and second Service as we call them still though now by reason of the peoples sloth and backwardnesse in comming to the Church of God they are in most places joyn'd together So whereas those of the monasticke life did use to solemnize the Eve or Vigils of the Lords day and of other festivals with the peculiar and preparatory service to the day it selfe that profitable and pious custome
began about these times to be taken up and generally received in the Christian Church Of this there is much mention to be found in Cassian as Institut lib. 2. cap. 18. l. 3. c. 9. Collaâ— 21. c. 20. and in other places This gave the hint to Leo and S. Austine if he made that Sermon to make the Eve before a part or parcell of the day because some part of the Divine offices of the day were begun upon it And hence it is that in these Ages and in those that followed but in none before we meete with the distinction of matutinae vespertinae precationes mattins Evensong as we call it the Canons of the Church about these times beginning to oblige men to the one as well as formerly to the other The Councell held in Arragon hereupon ordeined Coâ—t Tarra 〈◊〉 Caâ— 7. Vt omnis clerus die Sabbati ad vesperam paratus sit c. That all the Clergie be in readinesse on the Saturday vespers that so they may be prepared with the more solemnity to celebrate the Lords day in the congregation And not so onely sed ut diebus omnibus vesperas matutinas celebrent but that they diligently say the morning and the evening service every day continually So for the mattins on the Sunday Gregorie of Tours informes us of them Motum est signum ad matutinas Erat enim dies dâ—minica how the bell rung to mattins for it was a Sunday I have translated it the bellâ— according to the custome of these Ages whereof now we write wherein the use of bells was first taken up for gathering of the people to the house of God Baron Anu Anno 614. there being mention in the life and history of S. Loup or Lupus who lived in the fifth Century of a great bell that hung in the Church of Sens in France whereof he was Bishop ad convocandum populum for calling of the congregation Afterwards they were rung on the holy-day Eves to give the people notice of the feast at hand and to advertise them that it was time to leave off their businesses Solebant vesperi initia feriarum campanis praenunciare so he that wrote the life of S. Codegundus 11 Well then the bells are rung and all the people met together what is expected at their hands That they behave themselves there like the Saints of God in servent prayers in frequent Psalmes and Hymnes and spirituall songs hearing Gods holy Word receiving of the Sacraments These we have touched upon before as things that had beene alwayes used from the beginnings of the Church Collections for the poore had beene sometimes used on this day before but now about these times the Offertory beganne to be an ordinary part of Gods publickeâ— worship Pope Leo seemes to intimate it in his fifth Sermon de collectis Et quia die dominico proxima futura est collectio vos omnes voluntariae devotioni praeparare c and gives them warning of it that they may be ready For our behaviour in the Church it was first ordered by Saint Paul that all things be done reverently 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because of the Angels according to which ground and warrant it was appointed in these ages that every man should stand up at the reading of the Gospell and the Gloria Patri that none depart the Church till the service ended Pope Anastatius who lived in the beginning of the fift Age is sayd to have decreed the one Dum S. S. Evangelia in ecclesia recitantur sacerdotes coeteri omnes praesentes non sedentes sed venerabiliter curvi Epl. Decret 1 ap Bin. in conspectu sancti evangelij stantes dominica verba attente audiant fideliter adorent The Priests and all else present are enjoyned to stand their bodies bowed a little in signe of reverence during the reading of the Gospell but by no meanes to heare it sitting adding some joyfull acclamation at the end thereofâ— such as is that of Glory be to thee O Lord. So for the Gloria Patri that forme of giving to the Lord the glory which belongs unto him we finde in Cassian that they used to stand upon their feet at the doing of it In clausula psalmi Institut lib. 2. c. 8. omnes astantes pronunciant magno clamore Gloria patri c that gesture being thought most natural and most proper for it No constitution needed to enjoyn those duties which naturall disâ—retion of it selfe could dictate As for the last it seemed the people in those parts used to depart the Church some of them before the service ended and the blessing given for otherwise there had beene no Canon to command the contrary Ex malis moribus bonae nascuntur leges the old saying is And out of this ill custome did arise a law made in a Synod held in a towne of Gallia Narbonensis Conc. Agathens Can. 47. the 22 of the reigne of Alaricus King of the Visi-Gothes or Westerne-Gothes Anno 506. that on the Lords day all Lay people should be present at the publicke liturgie and none depart before the blessing Missas die dominico secularibus audire speciali ordine praecipimus ita ut egredi ante benedictionem sacerdotis populus non praesumat So the Canon hath it According unto which it is provided in the Canons of the Church of England Can. 18. that none depart out of the Church during the time of service and Sermon without some reasonable or urgent cause The benediction given and the assembly broken up the people might goe home no doubt and being there make merry with their friends and neighbours such as came either to them of their owne accord or otherwise had beene invited Gregorie of Tours informes us of a certaine Presbiter that thrust himselfe into the Bishopricke of the Arverni immediately upon the death of Sidonius Apollinaris who dyed about the yeare 487 hist. l. 31 and that to gaine the peoples favour on the next Lords day after Iussit cunctos cives praeparato epulo invitari he had invited all the principall Citizens to a solemne feast Whatever might be sayd of him that made the invitation no doubt but there were many pious and religious men that accepted of it Of recreations after dinner untill evening prayers and after evening prayer till the time of supper there is no question to be made but all were practised which were not prohibited Nam quod non prohibetur permissum est as Tertullian Of this more annon 12 Thus have we brought the Lords day to the highest pitch the highest pitch that hitherto it had enjoyed both in relation unto rest from worldly businesse and to the full performance of religious duties What ever was done afterwards in pursuite hereof consisted specially in beating downe the opposition of the common people who were not easily induced to lay by their businesse next in a descant as it were on 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