The history of the Sabbath In two bookes. By Pet. Heylyn.

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 d••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 suc∣cesse therein of the undertakers. (7) Restraint of worldly businesse on the Lords day, and the other holy dayes, ad∣mitted in those times, in Scotland. (8) Restraint of cer∣taine servile works, on Sundayes, holy dayes, and the wakes, concluded in the Councell of Oxon, under Henry 3. (9) Hus∣bandrie 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, re∣strained from selling their wares on the Lords day, and some other festivalls, by King Edward the fourth, and the repea∣ling

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of that Act by King Henry the eight. (12) In what estate the Lords day stood, both for the doctrine, and the pra∣ctise, 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 obser∣ved; 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 Eng∣land. 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, 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; to∣gether 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 de∣cima 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, 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, touch∣ing the continuance of that custome: its plaine that Beda speakes not of the Brittish, but the Scottish Christians. Per∣mansit autem apud ••os [the Scottish-Irish Christians, as himselfe confesseth] hujusmodi observantia Paschalis tem∣pore non pauco, hoc est usque ad annum Domini. 717. per an∣nos 150: which was, (as hee computes it somewhat neere the point) but 30 yeeres before the entrance of that Au∣stin. Now for the Scots, it is apparant that they recei∣ved 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 enter∣tained

in the Church of God: though for the time of cele∣brating the feast of Easter, they might adhere more unto one Church, then unto another. As for the Canon of the Councell of Nice, which is there alledged, Baronius rightly hath observed out of Athanasius, that notwithstanding both that Canon, and the Emperours Edicts thereupon; ta∣men etiam post••a, Syros, Cilices, & Mesopotamios, in eodem errore permansisse, the Syrians, Cilicians, and Mesopota∣mians, 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 celebrati∣on of the Lords day, and the other festivalls, which were allowed of and observed, when Gregory the Great attained the Popedome. And here, to take things as they lie in order, we must beginne with a narration, concerning Westminster, which for the prettinesse of the story I will here insert. Se∣bert the first Christian King of the East Saxons, having built that Church, unto the honour of God, and memory of Saint Peter, invited Mellitus Bishop of London, on a day appointed, unto the consecration of it. The night before, S. Peter comming to the further side crosseth the ferrie, goes into the Church, and with a great deale of celestiall musick, lights, and company, performes that office; for the dispatch of which Mellitus had beene invited. This done, and be∣ing wafted backe to the further side, hee gives the ferri-man for his fare, a good draught of fishes, onely commanding him, to carry one of them, which was the best for price and beauty, for a present, from him, to Mellitus; in testi∣mony that the worke was done, to his hand already. Then telling who hee was, hee addes, that hee and his posteri∣ty, the whole race of fishermen, should bee long after sto∣red with that kinde of fish: tantum ne ultra piscari audea∣tis in die Dominica, provided alwayes, that they fished no

more upon the Sunday. Aldredus so reports the st••ry. And though it might be true, as unto the times wherein hee li∣ved, (which was in the declining of the twelfth Century) that fishing on the Lords day was restrained by Law: yet sure hee placed this story ill, in giving this injunction from Saint Peter in those early dayes, when such restraints were hard∣ly setled; if in a Church new planted, they had yet beene spoke of. Leaving this therefore as a fable, let us next looke on Beda, what hee hath left us of this day, in reference to our Ancestors of the Saxons ••••••ce: and many things wee finde in him, worth our observation. Before wee shewed you, how the Sunday was esteemed a festivall, that it was judged hereticall to hold fasts thereon. This ordinance came in amongst us with the faith it selfe. S. Chadd, having a place designed him by King Oswald, to erect a monastery, did presently retire unto it, in the time of Lent: In all which time, Dominica excepta, the Lords day excepted, hee fasted constantly till the evening, as the story tells us. The like is told of Adamannus, one of the monastery of Coldingham, now in Scotland, (but then accounted part of the Kingdome of Northumberland,) that hee did live in such a strict and abstemious manner, ut nil unquam cibi vel potus, excepta die Dominica, & quinta Sabbati percipere••; that hee did never eate nor drinke but on the Sunday and Thursday onely. This Adamannus lived in Anno 690. Be∣fore wee shewed you, with what profit musicke had beene brought into the Church of God: and hither it was brought, it seemes, with the first preaching of the Gospell. Beda re∣lates it of Paulinus, that when hee was made Bishop of Rochester, which was in An. 631, he left behind him in the North one Iames a Deacon, cantandi in Ecclesia peritissimū, a man exceeding perfect in Church musicke: who taught them there that forme of singing divine service, which hee learnt in Canterbury. And after in the yeere 668, what time Archbishop Theodorus made his Metropoliticall visi∣tation, the Art of singing service, which was then onely used in Kent (for in the North it had not beene so setled, but

that it was againe forgotten) was generally taken up over all the Kingdome. Sonos cantandi in Ecclesia, quos catenus in Cantia tantum noverant, ab hoc tempore per omnes An∣glorum Ecclesias discere coeperunt, as that Author hath it. Before wee shewed, how Pope Vitalianus, anno 653. ad∣ded the Organ to that vocall musicke, which was before in use in the Church of Christ. In lesse then 30 yeeres after, and namely in the yeere 679. were they introduced by Pope Agatho, into the Churches of the English: and have conti∣nued in the same well neer•• 1000 yeeres, without interrup∣tion. Before wee shewed you, how some of the greater fe∣stivalls, were in esteeme before the Sunday; and that it was so even in the primitive times. And so it also was in the primitive times of this Church of England: it being told us of Queene Etheldreda, that after shee had put her selfe into a monastery, she never went unto the Bathes praeter imminentibus solenniis majoribus, but on the approach of the greater festivalls, such as were Easter, Pentecost, and Christmasse; for so I thinke hee meanes there by Epiphani••: as also, that unlesse it were on the greater festivalls she did not use to eat, above once, a day. This plainely shewes, that Sunday was not reckoned for a greater festivall; that other dayes were in opinion & esteeme above it: and makes it evi∣dent withall, that they conceived not that the keeping of the L••rds day, was to be accoūted as a part of the law of natur••; or introduced into the Church, by divine authority, but by the same authority that the others were. For Lawes in these times made, wee meete with none but those of Ina, a West-Saxon King, who entred on his reigne anno 712: A Prince exceedingly devoted to the Church of Rome, and therefore apt inough to embrace any thing, which was there conclu∣ded. By him it was enacted, in this forme that followeth. Servus si quid operis patrarit die Dominico, ex praecepto Domini sui, liber esto &c.,

If a servant worke on the Lords day, by the appointment of his master, hee was to be set free, and his master was to forfeit 30 shillings: but if hee worked without such order from his master, to bee

whipped, or mulcted. Liber si hoc die operetur injussu Domini sui, &c. So if a free-man worked that day, without direction from his master, hee either was to bee made a Bond-man, or pay 60 shillings.

As for the doctrine of these times, wee may best judge of that by Beda. First for the Sabbath, that hee tells us, ad Mosis usque tempora caeterorum dierum similis erat, was meerely like the other dayes untill Moses time; no difference at all betweene them: therefore not institute and observed in the beginning of the world, as some teach us now. Next for the Lords day, that hee makes an Apo∣stolicall sanction onely, no divine commandement; as before wee noted: and how farre Apostolicall sanctions binde, wee may cleerely see, by that which they determined in the Councell of Hierusalem. Of these two specialties, wee have spoke already.

(3) This is the most wee finde in the Saxon Heptar∣chie; and little more then this we finde in the Saxon Mo∣narchie. In this wee meete with Alured first, the first that brought this Realme in order, who in his lawes cap. de die∣bus festis & solennibus, reckoneth up certaine dayes in which it was permitted unto free-men to enjoy their festi∣vall 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 Chr••∣stus subegit diabolum, the day wherein our Saviour over∣came 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 privile∣ged in the selfe same manner, as the Lords day was; in case that bee the day then spoke of, wherein our Saviour over∣came the Divell, as I thinke it is; as also that this privilege extended unto free-men onely, servants and bond-men be∣ing left in the same condition as before they were; to spend

all dayes alike in their masters businesses. This Alured be∣gan his reigne, anno 871. and after him succeeded Edward, surnamed the Elder, in the yeere 900. who in a league be∣tweene himselfe and Gunthrun King of the Danes in Eng∣land, did publickely on both sides prohibite, as well all markettings on the Sunday, as other kinde of worke what∣soever on the other holy dayes. Dacus si die Dominico quic∣quam 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 shil∣lings. A freeman if he did any worke, die quocun{que} festo, on any of the holy dayes, was forthwith to be made a Bond∣man, 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 pea∣ceable, who began his reigne, anno 959, diem Sabbati, ab ipsa die▪ Saturni hora pomeridiana tertia, usque in lunaris diei di∣luculum, 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. Af∣ter 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 an∣tiquis 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 remem∣bred

amongst the rest, of which see the 42 of his Constituti∣ons;) 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 Winche∣ster by this King Canutus: 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 ••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 conven••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 intēded Sunday for a Sabbath day. For entring on the Crown an. 1017, he did no more then what had formerly been ena∣cted by Charles the Great, and severall Councels af••er him; none of which dreamed of any Sabbath. Besides it is affirmed of this Canutus, 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 fea••ts; & which is more, is ranked below thē. The law is thus enti∣tuled, De tēporibus & diebus pacis Domini Regis: the text as followeth. Ab adventu Domini us{que} ad octavam Epiphaniae, pax Dei & Ecclesiae, per ••mne regnū, &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 Whit∣sontide. Item omnibus Sabbatis ab hora nona us{que} ad diem Lunae &c. the like on Saturdayes from three in the after∣noone 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 devotiōs, or returning thence: or travelling to the dedicatiō of any new erected Church, or to the Synods, or any publicke chapter meet∣ing.

Thus was it with the Lords day, as with many others, in S. Edwards Lawes; which after were confirmed and ra∣tified 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 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 Sy∣nods Ecclesiasticall, 3 Councells of Estate, 4 Civill busi∣nesse, and 5 battailes and assaults; which we shall summe up briefely in their place and time. And first for Coronati∣ons, which as before I said, are mixt kinde of actions, com∣pound 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 Sun∣day 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 Nor∣mandie, 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 mul∣titude 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 Win∣chester, by the appointement of King William the first, and the consent of Alexander then Pope of Rome, for the de∣grading of Stigand Archbishop of Canterbury: and this up∣on 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 dioe∣ceseos; 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 con∣cluded, 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 He••∣ry the second, the Kingdome of Hierusalem; the King de∣s••gned the first Sunday in Lent for his day of answer. Upon

which day there met at London, the King, the Patria••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 coun∣trey: & 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 follow∣ing, 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 S••ephen was taken prisoner at the battaile of Lincolne: as al∣so 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 suffici∣ent, 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 Sab∣bath hitherto, in the Realme of England.

(5) Not hitherto indeed. But in the Age that follow∣ed next there were some overtures thereof, some strange preparatives to begin one. For in the very entrance of the 13 Age, Fulco, a French Priest, and a notable hyp••crite, as our King Richard counted him and the story proves, ligh∣ted upon a new Sabbatarian fancy; which one of his asso∣ciates, Eustathius Abbat of Flay, in Normandie, was sent to scatter here in England: but finding opposition to his do∣ctrine, 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 ve∣nalium 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 former∣ly, 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 Nor∣man 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, Manda∣tum sanctum Dominicae diei quod de coelo venit in Hierusa∣lem, &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 looke a while on the Contents, which I shall render with as much brevity, as the thing requires. Ego Dominus qui praecepi vobis ut observaretis diem sanctum Dominicum, & non custodistis ••um &c.

I am the Lord

which hath commanded to keepe holy the Lords day, and you have not kept it, neither repented of your sinnes, &c. I caused repentance to bee preached unto you, and you believed not. Then sent I Pagans amongst you, &c. and because you did not keepe the Lords day holy, I punished you a while with famine, &c. There∣fore I charge you all, that from the ninth houre on the saturday, untill Sunne-rising on the monday, no man pre∣sume to doe any worke, but what is good; or if hee doe, that hee repent him of the same. Verily I say and sweare unto you by my Seate and Throne, and by the Cherubins that keepe my seate, that if you doe not harken to this my Mandat, I will no more send to you any other Epi∣stle; but I will open the heavens, and raine upon you stones, and wood and scalding water, &c. This I avow, that you shall dye the death, for the Lords day and other festivalls of my Saints, which you have not kept: and I will send amongst you beasts with the heades of Lyons, and the haire of women, and the tayles of Camels; and they shall eate you and devoure you.

There is a great deale more of this wretched stuffe: but I am weary of abu∣sing both my paines and patience. Onely I cannot choose but wi••h, that those who have enlarged their Lords day Sabbath to the same extent, would either shew us some such letter, or bring us any of the miracles which hereafter follow: or otherwise bee pleased to lengthen out the festi∣vals of the Saints in the selfe same manner, as by this good∣ly Script they are willed to doe.

(6) But to proceed, the said Eustathius thus furnished, and having found but ill successe, the former yeere, in the Southerne parts, where hee did A••gliae Praelatos praedicati∣one sua•• molestare, disturb•••••• Prelates by his preachings, as my Author hath it; hee••••nt up to Yorke. There did hee preach his doctrines, and absolve such as had offended•• conditioned that hereafter they did shew more reverence unto the Lords day, and the other holy dayes, doing no ser∣vile works upon them; nec in di••bus Dominicis exercerent

for••m rerum venalium, particularly, that on the Lords day they should hold no marketts. The people hereunto assen∣ted, and promised they would neither buy nor sell on the Lords day, nisi forte cibum & potum praetereuntibus, excep∣ting meate and drinke to passengers. Whereby it seemes, that notwithstanding all this terrour, men were permitted yet to travaile on the Lords day, as they had occasion. This comming to the notice of the King, and Councell, my men were all fetched up; such specially qui in di••bus Do∣minicis forum rerum venalium dejecerant, which had di∣sturbed the marketts, and overthrowne the boothes and merchandise on the Lords day: and made to fine unto the King, for their misdemeanour. Then were they faine to have recourse to pretended miracles. A Carpenter making a wooden pinne, and a woman making up her webbe, both after three on Saturday, in the afternoone; are suddenly smitten with the Palsey. A certaine man of Nafferton, ba∣king a cake on Saturday night, and keeping part untill th•• morrow, no sooner brake it for his breakfast, but it gushed out blood. A Miller of Wakefield, grinding Corne on Sa∣turday after three of the clocke, insteed of meale, found his binne full of blood: his mill-wheele standing still of its owne accord. One or two more there are of the same edi∣tion. And so I thinke is that related in the Acts and Mo∣numents, out of an old booke entituled de Regibus An∣gliae; which, now I am fallen upon these fables, shall bee joyned with them.

King Henry the second, saith the story, being at Cardiffe in Wales, and being to take horse, there stood a certaine man by him having on him a white coate, and being barefoote, who looked upon the King, and spake in this wise. Good old King, Iohn Baptist and Peter straightly charge you, that on the Sundaies through∣out all your dominions, there bee no buying or selling nor any other servile businesse, (those onely except which appertaine to the preparation of meat and drinke:) which thing if thou shalt observe, whatsoever thing thou takest in hand, thou shalt happily finish. Adding withall,

that unlesse he did these things, and amend his life, hee should heare such newes within the twelve moneth, as would make him mourne till his dying day.

But to con∣clude, what was the issue of all this, this terrible letter, and forged miracles? That the historian tells us with no small regreate, informing us that notwithstanding all these mi∣racles, whereby God did invite the people to observe this day: populus plus timens regiam potestatem, quàm divinam, the people fearing more the Kings power, then Gods, retur∣ned unto their marketting, as before they did.

(7) I say that the historian tells it with no small re∣greate; for in that passionate discontent he had said before, that inimicus humani generis, the Divell enjoying the pro∣ceedings of this holy man so farre so possessed the King and the Princes of darkenesse (so hee calls the Councell) that they forthwith proceeded against them who had obeied him. Which makes me thinke, that this Eustathius was a familiar of the Popes, sent hither for the introducing of those restraints, which had been formerly imposed on most parts of Christendome; though here they found no enter∣tainement; the Popes had found full well how ill their just∣lings had succeeded hitherto with the Kings of England, of the Norman race: and therefore had recourse to their won∣ted arts, by prodigies and miracles to insnare the people, and bring them so unto their bent. And this I doe the ra∣ther thinke, because that in the following yeere, Anno 1203, there was a Legate sent from Rome, to William King of Scots, with severall presents, and many indulgences.

Quae quoniam grato accepit anim••, ••odem concilio approbante dec••etum est, &c. Which hee accepting very kindly, it pleased him with the approbation of his Parliament at that time assembled, to passe a Law, that Saturday from twelve at noone should bee counted holy; and that no man should deale in such worldly businesses, as on the feast-dayes were forbidden. As also that at the sounding of the bell, the people should bee busied only about holy actions, going to sermons, hearing the Vespers

or the Evensong: id{que} us{que} in diem Lunae facerent, and that they should continue thus untill munday morning; a pe∣nalty being layed on those who should doe the contrary.

So passed it then, and in the yeare 1214, some eleven yeares after, it was enacted in a Parliament at Scone, under Ale∣xander the third King of the Scots, that none should fish in any waters, à die, Sabbati post vesperas us{que} 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 pre∣valle with our now friends of Scotland; that neither mira∣cle, 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 unhap∣py Prince; and had in Canterbury an Archbishop of their owne appointment, even that Steven Lang••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 or∣der, not by command or any Decretall from Rome, but by a councell held at Oxford, Ann•• 1222: where amongst o∣ther 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 venerati••∣ne servanda erant, which were to bee observed with all re∣verence and solemnity: of which sort were omnes dies Do∣minici, &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 W••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 de∣dication any new devise; but such as could pleade a faire o∣riginall from the Councell held in Mentz, anno 813, If it went no higher. For in a Catalogue there made of such prin∣cipall 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 refe∣rence 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 conse∣crated. 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 devo••tly, with all due performances; minoribus ope∣ribus servilibus, secundum consu••tudinem l••••i, i••••is diebus in∣terdictis, all servile workes of an inferiour and lesse impor∣tant 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 q••ibus post missa•• opera rusticana ••oncedebantur, sed antequam non, wherein it was permitted that men might after Masse, pursue their Countrey busi∣nesses, 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 re∣quire; though on those dayes, Sundayes and all before re∣membred,

there was a generall restraint of all other works▪ For so it standeth in the title, prefixt before those festivalls•• haec sunt festa, in quibus, prohibitis aliis operibus, concedun∣tur 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, qui∣bus sunt trans Seyticam vallem avecti. So then, as yet, til∣lage and sayling were allowed of on the Sunday, if, as be∣fore I said, 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 Whitsonaa••, 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, ac∣companied with forty other gallants of great hopes and spirit, on Whitsunday too, anno 1245: and last of all, a Par∣liament assembled on mid-lent Sunday, Parliamentum gene∣ralissimum, 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 I••••ippes, (he was advanced unto that see anno 1349.) it was decreed de fra∣trum nostrorum consili••, 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 Sabbat•• vespertina, as the Canon goes, not a minute sooner: and that upon good reason too, n•• Iudaic ae superstitionis participes videa∣mur,

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 dedication•• feasts which before we spake of. Now for the wo••kes before prohibited, though necessary to the Com∣monwealth; as wee may reckon husbandry, and all things appertayning thereunto, so probably wee may reckon law∣dayes, and all publicke sessions in Courts of Iustice; in case they had not beene left off in former times, when as the Iudg••s generall being of the Clergy, might in obedience to the Canon-law, forbeare their sessions on those dayes, the Lord day especially. For as our Sages in the law have re∣solved it generally, that day is to be exempt from such busi∣nesse, even by the Common law, for the sole••nity thereof, to the intent that people may apply themselves 〈◊〉〈◊〉 prayer, and ••••ds publicke service. Particularly, Fitz-Herbert tells us, that no plea shall bee holden Quindena Paschae, because it is alwayes on the Sunday, but it shall be holden ••rastino quin∣denae pas••••ae, on the morrow after. So Iustice Dyer hath re∣solved, 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 Ban••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 Pro∣clamations 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 se∣verall restraints from all ••••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 pun••tually wee may finde what was the judgement of these times, in a full declaration of the same, in a Synod a•• ••ambeth, what time Iohn Peckam was

Archbishop, which was in anno 1280. It was thus determi∣ned. Sci••udum est quod obligatio ad feriandum in S••bbato le∣gali expiravit omnino, &c.

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 Ca∣nonicis 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 Mar∣ketting 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, for almost an hundred yeeres; not, till the time of Henry the sixt, anno 1444. what time, Archbishop Stafford decreed throughout his Province, ut nundina•• & 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, attempted to exceed within that cittie. For in this yeere, saith Fabian, (anno 1444) an Act was made by au∣thority of the common Councell of London, that upon the Sun∣day 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 Cord∣wayners 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 a∣gree with a Lord Maior, to deale in things about the Sab∣bath. 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 iniu∣ries and offenses done to Almighty God, 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 Whitsun∣day, 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 mise∣rably 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 victu∣all onely except, (which yet was more then was allowed in the City-Act) upon paine of forfeiture of all the goods a∣foresaid 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 reserva∣tion,

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, decla∣red, 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, that the Lord of any faire or market kept upon the Sunday contrary to the statute, may therefore be e••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 upon the Sunday, as being contrary to the Statute: then by the same reason may hee bee endited, for any fayre or market kept on any of the other holy dayes, in that Statute mentioned.

(11) Nor staied it here. For in the 1465, which was the fourth yeere of King Edward the fourth, it pleased the King in Parliament, to enact, as followeth. Our Sove∣raigne Lord the King, &c. hath ordained and established, that no Cordwainer or Cobler, within the Citty of London, or within thrée miles of any part of the said Citty, &c. doe up∣on any Sunday in the yéere, or on the feasts of the Ascension or Nativity of our Lord, or on the feast of Corp••s Christi, sell or command to be sold any shooes, hu••eans (.i.e. bootes) or Galoches; or upon the Sunday or any other of the said Feasts, shall set or put upon the feete or leggs of any person any shooes, huseans, or Galoches, upon paine of forfeiture and losse of 20 shillings, as often as any person shall doe contrary to this ordinance. Where note, that this restraint was onely for the Citty of London, and the parts about it; which shewes that it was counted lawfull in all places else. And therefore there must bee some particular motive, why this restraint was layd on those of London onely; either

their insolencies, or some notorious neglect of Gods pub∣like service: the Gentle craft had otherwise beene ungently handled, that they of all the tradesmen in that populous ci••∣ty, should bee so restrained. Note also, that in this very Act, there is a reservation or indulgence for the inhabitants of S. Martins le Grand, to doe as formerly they were ac∣customed, the said Act or Statute notwithstanding. Which very clause did after move King Henry the eight to repeale this statute, that so all others of that trade might bee free, as they: or as the very words of the statu••e are, that to the honour of allmighty God, all the Kings subiects might be hereafter at their liberty, as well as the inhabitants of S. Martins le Grand. Now where it seemeth by the proeme of the Statute 17 of this King Edward. 4. c. 3. that many in that time did spend their holy dayes, in dice, quoites, tennis, bowling, and the like unlawfull games, forbidde•• (as is there affirmed) by the Lawes of the Realme; which said unlawfull games are thereupon prohibited, under a certaine penaltie in the Statute mentioned: It is most manifest that the pro∣hibition was not in reference to the time, Sundayes or any other holy dayes; but only to the Games themselves, which were unlawfull at all times. For publicke actions in the times of these two last Princes, the greatest were the bat∣tailles of Towton, and Barnet; one on Palms. Sunday, and the other on Ea••••er day: the gr••atest fields that ever were fought in England. And in this Sta••e things stood till King Henry the eight.

(12) Now for the doctrine and the practise of these times, before King Henry the eight, and the reformation; wee cannot take a better view then in Iohn de Burgo, Chan∣cellour of the University of Cambridge, about the latter end of King Henry the sixt. First doctrinally hee determineth, as before was said, that the Lords day was instituted by the authorit•• of the Church, and that it is no otherwise to bee observed, then by the Canons of the Church wee are bound to keepe it. Then for the name of Sabbath, that the Lords day, & quaelibet dies statuta ad divina•• culturam, and eve∣ry

day appointed for Gods publicke service, may bee so en∣tituled, because in them wee are to rest from all servile works: such as are arts mechanicke, husbandry, Law-daies, and going to marketts, with other things quae ab Ecclesia de∣terminantur, which are determined by the Church. Lastly, that on those dayes, insistendum est orationibus, &c. Wee must bee busied at our prayers, the publicke service of the Church, in hymnes, and in spirituall songs, and in hearing Se••mons. Next practically for such things as were then al∣lowed of, he doth sort them thus. First generally, Non t••∣men prohibentur his diebus facere quae pertinent ad providen∣tiam necessariorum, &c. We are not those dayes restrained from doing such things as conduce to the providing of ne∣cessaries either for our selves or for our neighbours: as in preserving of our persons, or of our substance; or in avoiding any losse that might happen to us. Particularly next, si ia∣centibus, &c. In case our Corne and hay in the fields a∣broad, be in danger of a tempest, wee may bring it in, yea though it be upon the Sabbath, Butchers and victualers, if they make ready on the holy dayes, what they must sell the morrow after, either in open market, or in their shops; in case they cannot dresse it on the day before, or being dressed they cannot keep it: non peccant mortaliter, they fall not by so doing, into mortall sinne. vectores mercium, &c. Carriers of wares, or men, or victualls, unto distant places, in case they cannot doe it upon other daies without inconvenience, are to bee excused. Barbers and Chirurgions, Smithes or Farriers, if on the holy dayes they doe the works of their dayly labour, especially propter necessitatem ••orum quibus serviunt, for the necessities of those who want their helpe; are excusable also, but not in case they doe it chiefely for desire of gaine. Messengers, Posts and Travellers, that tra∣vaille, if some speciall occasion bee, on the holy dayes; whether they doe it for reward, or not; non audeo condem∣nare, are not at all to bee condemned. As neither Millers, which doe grinde either with water-mils, or wind-mils, and so can doe their worke without much labour; but they may

keepe the custome of the place in the which they live, not being otherwise commanded by their Ordinaryes: secus si tractu iumentorum multuram faci••nt; but if it be an horse∣mill, then the case is altered. So buying and selling on those dayes, in some present exigent, as the providing ne∣cessary victualls for the day, was not held unlawfull: dum tamen exercentes ea non subtrahunt se divinis officiis, in case they did not thereby keepe themselves from Gods publicke service. Lastly for recreations, for dancing on those dayes, hee determines thus: that they which dance on any of the holy dayes, either to stirre themselves, or others, unto car∣nall lusts, commit mortall sinne; and so they doe, saith hee, in case they doe it any day. But it is otherwise, if they dance upon honest causes, and no naughty purpose; and that the persons be not by law restrained. Choreas ducentes, maxi∣mè in diebus festis, ca••sa incitandi se, vel ali••s, ad peccatu•• mortale, peccant mortaliter: & similiter si in profestis die∣bus 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.

Notes

• Hist. l. 1. c. 8.
• Brought. hist. •• 4. c. 13.
• Anno 198.
• Adredus de Ge∣••••is Edwardi.
• Hist. l. 3. c. 23.
• Hist. l. 4. c. 25.
• Eccl. hist. l. 2. c. 20.
• ••ib. 4. c. 2.
• Bed. Eccl. hist. l. 4. c. 19.
• Ap. Lambert. ••••chai••n.
• In Luc. 19.
• Lamber. Archaion.
• Leg. 14. 15.
• Lib. 6. c. 29.
• ••og de Hove∣den. in Henrico secundo.
• Rog. de Hov•••• den.
• Hou••den.
• He••t. Boet. lib. 23.
• Lex aquarum cap. 16. §. 2.
• Ap. Lind••ood.
• Math. Westm••∣naster.
• Lindw. l. 2. ti••. de feri••s.
• Fi•••••• of the la••••. l. 1. c. 3.
• Nat. ••revium fol. 17.
• 1 Eliz. p. 168.
• Lindw. l. 1. ti••. de offic. Archi∣presb.
• Antiq. ••rit. in Stafford.
• Fabians Chro∣nicle.
• 28. H. 6. c. 16.
• Dal••ous Iustice. cap. 27.
• 4. Edw. 4. c. 7.
• 14 & 15 of H. 8. cap. 9.
• Pupilla Oculips. 10. ••. 11. D.
• 〈…〉〈…〉.
• Id. pars. 9. cap. 7. H.
• Id. ib. I••
• Id. ib. L.
• Id. ib. M.
• Id. ib. N.
• Id. ib. O.
• Id. ib. Q.