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
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
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