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Sunday THE NEW SCHAFF-HERZOG 148
appear as early as the Heptarchy. Ins reigned
king of Wessex from 688 to his abdication in 725.
He began as a warrior, then became a
4. Early statesman and law-giver, and died a
English religious recluse. When he had added
Legislation. much to his kingdom by war upon his
neighbors he gave a code of laws,
known as the " West Saxon code," in which was a
law for observance of Sunday which prohibited all
work on that day. In the east of England, the king
dom of Kent, the home of Augustine and the field
of his success, it is strange that there is no earlier
record of Sunday laws. Perhaps ecclesiastical canons
were deemed enough. But in the time of Withred,
king of Kent, in 696, a statute was enacted forbid
ding labor from Saturday at sunset to Sunday at
sunset. This recalls an early New England custom
as to the beginning and ending of Sunday observ
ance. The same law made free the slave who worked
on Sunday by his lord's command, and enslaved
the free man who worked without his lord's com
mand. Other severe penalties are mentioned. In
747 Eidelbald, king of the Mercians, enacted the
observance of the Lord's day by all, and forbade
all business, journeys, and meetings. Before 900,
Alfred, king of Wessex, and " over-lord " of the
Saxon kingdom of England, had enacted a law for
Sunday observance. Earlier than 930, the kingdom
of the West Saxons and Mercia having been united,
Athelstan the king, also " over-lord " of the other
kingdoms, by his statute forbade all merchandizing
on the Lord's day. Edgar, king of the same realm
959-975, enacted a further Sunday law forbidding
Sunday trading, folkmotes (meetings of the people),
heathen songs, and devils games on that day, and
he is said to have enacted that Sunday began at
three on Saturday afternoon and continued until
daybreak of Monday. Ethelred, king of the
same kingdom 978-1016, enacted that all " hunting
bouts," trafficking, courts, and worldly works were
forbidden on Sunday; yet allowed courts to sit on
occasions of necessity. Canute, the first Danish
king of England, came to that throne in 1017, and
reenacted Sunday laws forbidding hunting and
worldly work on Sunday, and also marketing, ex
cept for necessity, and forbade capital punishment
on that day. The Saxon dynasty was restored in
1040, and Edward the Confessor about 1056 en
larged the Sunday law of Canute. Lord Mansfield,
in a decision of a lawsuit (Swann vs. Browne, 3
Burrow, 1599) which involved the question whether
a court could make a valid judgment on a Sunday,
is authority for the statement that both William
the Conqueror and Henry II. ratified and confirmed
the canons of the councils of Tribury and Saint
Medoro and the ordinances of Edward the Con
fessor as,to Sunday observance, and decreed that
the codes of Justinian on Sunday observance were
the law of England. Successive acts of parliament
on Sunday observance became the law of England
(e.g.: 1354 A.D., the 28th of Edward II., chapter
14; 1388 A.D., the 12th of Richard II., chapter 6;
1410 A.D., the 11th of Henry IV., chapter 7; 1428
A.D., the 6th of Henry VI., chapter 3; 1449 A.D.,
the 27th of Henry VI., chapter 5; 1464 A.D., the
4th of Edward IV., chapter 7; 1552 A.D., the 6th of
Edward VI., chapter 3; 1603 A.D., the 1st of James
I., chapter 25; 1625 A.D., the 1st of Charles I.,
chapter 7; 1627 A.D., the 3d of Charles I., chapter 1).
The Puritan ideas obtained ascendency in Eng
land and in 1676 A.D., 29 Charles II., chapter 7,
was enacted. This statute was the most compre
hensive and severe and the most detailed of any
English Sunday law. Its purpose as expressed in
its title was for " the better observa
S. Legisla- tion and keeping holy of the Lord's
tive Results Day, commonly called Sunday." It
of Puritan- enacts the careful execution of all
ism. existing laws relating to the Lord's
day; commands exercises public and
private of piety and of religion on that day; for
bids all labor, work, or business of ordinary calling,
works of charity or necessity alone excepted, but
exempts children; forbids the crying or exposing
for sale of wares, merchandise, fruit, herbs, goods,
or chattels on pain of forfeiture; forbids travel by
horse or boat, except as allowed by a magistrate;
relieves the parish of responsibility for robbery of a
Sunday traveler; makes void all service of legal
writs or proceedings, except in case of treason, mur
der, and breach of the peace; but its provisions are
not to apply to dressing of meats in private fam
ilies, or in inns, cook or victualing houses, for such
as can not be otherwise provided; also the crying
and selling of milk before 9 A.m. and after 3 p.m.
This statute has been practically the law of Eng
land ever since. It has been modified in particulars
and exceptions, and other regulations have been
made by subsequent statutes, but the law remains
substantially the same to-day. At the time of the
American Revolution the statute of Charles II. had
been for more than 100 years the law of England
and of its colonies. With this history of Sunday
legislation in England for more than 900 years
(from 747), the Puritans came to America. They
came with the traditions, civil and religious, of the
mother country, particularly those which developed
with the Reformation in England; their colonial
regulations as to Sunday-keeping therefore could
not fail of such influence. To their account has
been laid the fabulous " blue-laws," the reports
concerning which were an exaggeration of the facts
and ridiculous in some things as applying to dumb
beasts and inanimate objects. It is, however, true
that there were colonial laws on the subject of Sun
day-keeping which partook strongly of the religious
spirit of the English laws on the same subject and
that of the English Puritans who settled the colonies.
They were enacted in Massachusetts Bay Colony.
The Dutch authorities of the West India Colony
enacted Sunday laws for the New Netherlands in
1641, 1647, 1656, 1657, and 1663. In 1665 the
" duke's laws " (duke of York's laws) took effect in
the English colony of New York, and they con
tained a provision against profaning Sunday; colo
nial statutes for preventing desecration of Sunday
were enacted also by the general assembly of that
colony in 1685, and again in 1695, which were in
effect at the time of the American Revolution.
When the independence of the American colonies
was proclaimed, the continental congress called
upon the colonies (then called states), each for itself