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
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
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