Chapter 2

Therefore that the Prophanation of the said Day may be fully prevented: Be it further enacted, That no Person whatsoever shall keep open their Shops &c. &c.--do or exercise any Labour nor any Sport, Game Play or Recreation on the Lord's Day or any part thereof &c. &c. under penalties of not exceeding twenty shillings for every offence."

Travelling was also prohibited, and it was enacted,--

"That if any Person or Persons shall be recreating, disporting or unnecessarily walking or loitering, or if any Persons shall unnecessarily assemble themselves in any of the Streets, Lanes, Wharves, High-Ways, Commons, Fields, Pastures or Orchards of any Town or Place within this Province upon the Lord's Day, or any Part thereof, every Person so offending shall forfeit and pay the sum of five shillings and upon a second Conviction bound for good behaviour,... If any Persons being able of Body and not otherwise necessarily prevented shall for the space of one Month together absent themselves from the Publick Worship of God on the Lord's Day, they shall forfeit and pay the sum of ten shillings.

"And whereas many Persons are of opinion that the Sabbath or Time of religious Rest, begins on Saturday evening, therefore to prevent all unnecessary Disturbance of Persons of such Opinion, as well as to encourage in all others a due and seasonable Preparation for the religious Duties of the Lord's Day: Be it further enacted, That no Person shall keep open any Shop, Ware-House or Work-House or hawk or sell any Provisions or Wares in Streets or Lanes of any Town or District, or be present at any Concert of Musick, Dancing or other Publick Diversion on the Evening next preceding the Lord's-Day, on Pain of forfeiting ten Shillings for each Offence, &c."

Wardens were to be appointed in all the towns and districts to see that these laws were duly enforced. All existing laws on the Sabbath were at that time repealed, but some of the laws then passed are still in force.

The following is from Felt's "Annals of Salem:"--

1676.

April 20th. "Ordered by ye Selectmen yt the three Constables doe attend att ye three great doores of ye meeting house every Lord's day att ye end of sermon, boath forenoone and afternoone and to keep ye doors fast and suffer none to goe out before ye whole exercise bee ended, unless itt be such as they conceive have necessary occasion and to take notice of any such as shall presume to goe forth as above said and present their names as ye law directs. Ordered that all ye boys of ye towne are and shall bee appointed to sitt upon ye three paire of staires in ye meeting house on the Lord's day and Wm. Lord is appointed to look to the boyes yt sitt upon ye pulpit staires and for ye other staires Reuben Guppy is to look to and order soe many of ye boyes as may be convenient and if any are unruly to present their names as ye law directs."

On Sundays, P.M. when sermon is ended, the people in the galleries come down and march two abreast up one ile and down another until they come before the desk, for _pulpit they have none_. Before the desk is a long pue where the Elders and Deacons sit, one of them with a money box in his hand, into which the people as they pass, put their offerings, some _1s._, some _2s._ or a half crown, or _5s._, according to their ability and good will, after this they conclude with a psalm.

While in 1814 in some parts of Massachusetts and New Hampshire the tithingmen felt obliged to issue an address of warning to the public, in Boston in 1815 Sunday seems to have been well observed. We copy two notices from the "Salem Gazette."

_To the Public._

AS the profanation of the Lord's Day is inconsistent with the welfare of society and a gross violation of the laws of the State; therefore we the undersigned, being appointed Tithingmen, give notice to the public, that we are under oath, and it has become our indispensable duty to prosecute all, who wilfully violate the laws with respect to the Lord's Day.

And we hereby request all persons, to abstain on the Lord's Day from travelling, from worldly business and amusement, and thus relieve us from the painful necessity of prosecuting for a violation of the laws of the State.

[_Signed by the Tithingmen of Concord, N.H. Salem, N.H. Bradford, Ms. Andover, Reading, Tewksbury, Beverly, Manchester, Hamilton, Ipswich, and Wilmington._]

Aug. 6, 1814.

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BOSTON JUNE 1.--At the meeting on Monday last, the town of Boston evinced its good sense by voting to postpone the choice of _Tythingmen_ till the first Monday of March next. We venture to assert, that in no district in the universe, of the extent and population of Massachusetts, is the Sabbath more decently and _sincerely_ observed.

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Law against keeping barber's shops open on Sunday morning in Salem in 1804:--

SUNDAY LAW IN SALEM--BARBERS' SHOPS 80 YEARS AGO.

Correspondence of the Salem Gazette.

BOSTON, Aug. 5.

About 1804 your Selectmen ordered that after a given date no barber's shop should be kept open on Sunday morning. There was no appeal from their mandate. The fatal last Sunday arrived; the customers of the esteemed Benj. Blanchard, whose shop was at the upper part of Essex street, opposite the Endicott and Cabot mansions, came as usual to have their hair tied; it was the epoch of queues, and it was necessary to their aspect in church that their back hair should be artistically bound with ribbon and their heads nicely pomatumed, even though, like Bonaparte, they shaved their own beards. This last Sunday it was observable that each gentleman, in his turn, after being barbered, instead of hurrying off as usual, resumed his seat. As the second bell began to ring, the last customer was accomplished, and the whole company rose from their chairs, filed out into Essex street, formed a line in front of Mr. Blanchard's shop, and gave three rousing cheers; then, like Burns's "Twa Dogs, each took off his several way," some to Dr. Barnard's North Church, some to Dr. Hopkins's, Dr. Bolles's, or Dr. Prince's First Church.

_Salem Gazette_, August, 1885.

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The Middlesex Sabbath Association meet in November, 1815, but find nothing to do. No Sabbath-breakers reported, probably.

SABBATH ASSOCIATION.

WHEREAS the Association in the county of Middlesex, for aiding in carrying into effect the Laws of this Commonwealth against the violation of the Sabbath, met at Concord in November last,--and finding nothing which required further proceedings at that time, thought fit to adjourn. This is to give notice, that the meeting of said Association stands adjourned, to meet at Concord, at the former place of meeting, in Hamilton's Hotel, on the first WEDNESDAY in February next, at ten o'clock A.M.

A general attendance is requested.

CHARLES STEARNS, _Per Order_.

_Lincoln, January_ 11, 1816.

_Columbian Centinel_.

The following notice from the "Columbian Centinel" shows that rapid driving on the Lord's Day was forbidden in Boston as lately as 1817:--

POLICE OFFICE.

_Boston, July_ 12, 1817.

COMPLAINTS having been made at this office of dangers and disturbances arising from the rapidity with which carriages are driven on the Lord's Day, special persons have been selected to take notice of this indecorous conduct, that the law on the subject may be rigidly enforced. It is forbidden to drive, during Divine Service, or while the inhabitants are going to or returning from their several houses of public worship, any carriage at a greater rate than a walk or moderate foot pace; and masters and mistresses are responsible, if the servants are unable to pay the penalty incurred by them in this offence.

NEH. FREEMAN, _Superintendent._

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Making hay on Sunday is here condemned in some very choice lines.

--> There is much more PIETY than POETRY in the following stanzas:--And though the employment condemned, cannot occur for a season at least, the MORAL inculcated we trust, will have a tendency to prevent other breaches of Holy Time.

_THE PIOUS FARMER._

SHOULD it rain all the week and the Sundays prove fine, Though others make hay, yet I'll not work at mine; For, I don't think, for my part, such sun-shine was given, Us mortals to lure from the path-way to heaven.

Some to work on the Sabbath will make a pretence, That taxes are high, and they can't pay their rents; But my rents and my taxes I'll still hope to pay, Though on sun-shiny Sundays I do not make hay.

For this shall my heart never call me a sinner, While I still hope in God I shall ne'er want my dinner; To lay up a store, I'd try every fair way, But on Sundays, though sun shines, I will not make hay.

Some plead in excuse, that, not waiting for Monday, Great battles are won, though they're fought on a Sunday! At famed Waterloo too,--there's none greater than it, But then, 'tis well known, the lost Tyrant began it.

'Tis a custom with me to spend godly that day; But while French go to war, and the English make hay, Though the season proves wet, and hay gets in but slowly, Yet I would not do other than keep the day holy.

Far, far be from me, to ape those saving Elves, Who rob God of his due, to grow richer themselves; But be mine the pursuit, which all good men approve, To strive to be rich in the Regions above.

If it rain all the Week, then on God I'll recline, And not work on Sunday, although the sun shine: In this Faith deeply rooted, no ills I forbode, That a man's seldom poorer for serving his God.

_Columbian Centinel_, Nov. 27, 1816.

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From the "Essex Register," Salem, May 18, 1822, we learn that there had been trouble caused by ill-bred young men congregating at the public corners on Sunday evening, and also that some females had behaved badly at that time.

One of those ill bred and riotous fellows, who have become notorious for their bad conduct of late, at the corners of our streets, was arrested by one of our most vigilant constables, at the corner of North and Essex streets, on Sunday evening last, carried before a magistrate, committed to prison, and bound over for his future good conduct. Our municipal authorities, and all others concerned in bringing this person to punishment, deserve the thanks of their fellow-citizens. The town of Salem, once so distinguished for the purity of its manners and the good order of its society, has been disgraced of late, by outrages upon the peace and quiet of the community, committed by noisy assemblages of young men at the public corners--and even _females_ have been seen to exhibit a demeanor in the streets disreputable to the town, and disgraceful in the highest degree to themselves. This conduct should receive not only the discountenance, but the decided reprehension of the respectable part of the community. Every citizen is interested, and is moreover bound to manifest his interest by his acts, in bringing every offender to prompt and condign punishment. The stake which every one has in the good order of the community, is great--it behoves, then, every one to exert himself to re-establish and preserve it.

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In 1819 in New York there were loud complaints of the violation of the Sabbath, as we see by an account taken from the "Salem Gazette."

NEW-YORK, JULY 14.

_VIOLATION OF THE SABBATH._

A few weeks since, a meeting of the citizens was called, to devise some efficient means to suppress the violation of the Sabbath. A committee was appointed to report a plan for that purpose. I wish to inquire what that committee have done, and when another meeting is to be called to receive their report.--The evil still remains, and is certainly accumulating under the most aggravated forms.--Our churches are nearly deserted on the Sabbath, while every place of amusement and pleasurable retreat is thronged. Good authority states the numbers that frequent Brooklyn every Sabbath, at from ten to twenty thousand, and a proportionable number may be computed to visit every other island and place of resort in the vicinity. We have forty-five churches, and a population of one hundred and twenty thousand; admitting one thousand to attend each church, it follows that seventy-five thousand violate that command of the Apostle which requires Christians "not to forsake the assembling of themselves together." Let the citizens organize societies to suppress the violation of the Sabbath and all other vice and immorality.

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"Sabbath-breakers" had multiplied to such an extent in 1815 that conventions were held in many of the counties in Massachusetts to see what could be done in reference to the evil. We have a report of the Essex convention at Topsfield, Oct. 4, 1815. The Committee say, among other things,--

Although most men, even if they have no regard for the Divine Being or the welfare of society, when they know that Sabbath-breaking is offensive to the great body of the community, will, from regard to themselves, refrain from it, yet there are some abandoned individuals, who are so lost to all proper regard even for themselves, as well as their Maker, and their fellow-men, that in violation of laws, human and Divine, and in direct opposition to the wishes of the community, they still continue to travel and labour upon the Sabbath.

Such persons ought _surely_ to be prosecuted, and made to feel that they cannot violate the laws of the Commonwealth, and profane the Sabbath with impunity.

If their conduct is suffered to continue, others will be emboldened to follow their example; the evil will again increase, and eventually become as great as before.

But if they find that they cannot profane the Sabbath without being subjected to the trouble, shame and expense of a penal prosecution, this enormous evil, which has so long been undermining the best interests of the community, and drawing down upon us Divine judgments, will be prevented. For past experience has fully demonstrated, that wherever the laws are prudently, and at the same time promptly and faithfully executed, the evil will cease.

And among the Resolves passed by the Convention we find these,--

III. Resolved, that we earnestly recommend to Tythingmen, Civil Officers and the friends of the Sabbath in every town, to prosecute, or cause to be prosecuted, without distinction and without delay, all, who are travelling without sufficient reason, or in any way wilfully violating the laws respecting the Lord's Day.

V. Resolved, that we recommend to all the friends of order, to circulate as extensively as possible, such tracts and pamphlets as are calculated to promote the due observance of the Lord's Day.

Voted, that the Clerk be requested to send a copy of the doings of the Convention, to the Editors of the public papers in Boston, Salem, Newburyport and Haverhill, and that they be requested to publish the same in their respective papers.

A full account of this convention can be found in the "Salem Gazette," Oct. 31, 1815. It does not appear that there was any disturbance of public worship to complain of, only many people neglected to attend the meetings, or walked or rode for pleasure on the Lord's Day.

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In the same month and year the "Worcester Ægis" gave expression to opinions on the question of "Sabbath-breaking" which we think accord more with modern ideas than do those of the Essex convention. The views of the "Ægis" probably represented the average liberal sentiment of that day.

_WORCESTER, OCT. 25._

_BREACH OF THE SABBATH._

At the late session of the S.J. Court at Northampton it was decided that a justice of the peace could not issue a warrant for a breach of the Sunday laws against an offender that is not an inhabitant of the county where the offence is committed, but that he must be prosecuted only before a grand jury; and that justices of the peace could not issue warrants, nor sheriffs serve them, on the Lord's day, for any breaches of those laws. Damages were awarded against a justice, a tythingman, and a sheriff, upon the latter principle.

Upon this decision we congratulate the public. It has taken a formidable weapon from the hands of those petty tyrants, who are labouring to revive the reign of religious persecution. We trust we shall no longer see the Sabbath trespassed upon by these _official harpies_, who, instead of spending the day as they ought, in worshiping God, confessing their own manifold sins, and praying that they may be endued with a more christian temper, are riding or walking the highway, "seeking whom they may devour," and gratifying at once their malice and their avarice, by plundering their fellow-citizens, and filling their own pockets. In some towns they have been stationed at every turn of the road, ready to dart out upon the traveller, like a spider from the corner of his web. We rejoice at every occurrence which checks this persecuting spirit.--Those who know us, know that we respect the Sabbath and its holy institutions: for this very reason we reprobate conduct which has a direct tendency to bring these institutions into contempt. In all ages, the _anti-christian spirit_ of _christian professors_ has done more injury to the cause of religion, than the attacks of its declared enemies. Real Christianity cannot flourish by persecution. Excessive rigour defeats the very purposes it is intended to subserve. In time there will be a re-action, and men will go to the opposite extreme--religion and morals will be as much too lax, as they were before too strict.

In no part of the world is the sabbath so scrupulously observed as in _New-England_. As we keep it, it resembles more the _Jewish Sabbath_, than the Sabbath of all other parts of Christendom. We had much rather see this nice punctiliousness, than that indifference which prevails in some places. But we think there is such a thing as _drawing the cord too tight_--so tight that it will be in danger of snapping in sunder! The good habits of our countrymen, and the increasing regard which is entertained for religion, will be a sure guaranty of the respectful observance of the Sabbath. There are very few men in the community, who dare to outrage public feeling by a wanton violation of the solemnity of the day. We have excellent laws to punish those who disturb the devotions of any society or individual. Let these laws be put in execution without fear, favour or affection. But for the rest, let religion take care of itself--it needs no assistance from the feeble arm of the magistrate.

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Tythingmen's Notice.

WE the subscribers, Tythingmen of the several towns annexed to our names, having taken the Oath of Office, it becomes our indispensable duty to see the laws of this Commonwealth, "for the due observation of the Lord's Day," faithfully executed; which we are determined to do as far as may be in our power. We, therefore, call on all persons to abstain from the violation of said laws; as they would avoid "the several penalties annexed to the several offences therein described," and save us from the painful necessity of a prosecution, which otherwise must immediately follow.

} Tithingman of Bedford in DAVID LANE, } behalf of himself and five } others.

} Tithingman of Westford BENJ. OSGOOD, } in behalf of himself and } four others.

} Tithingman of Carlisle in JOHN JACOBS, } behalf of himself and one } other.

} Tithingman of Bilerica SAM'L WHITING, } in behalf of himself and } nine others.

May 27th, 1815.

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Lord's Day.

NOTICE is hereby given, that the Middlesex Convention for suppressing violations of the Laws of the Commonwealth, relative to the Sabbath, stands adjourned to the third Wednesday in May, at Hamilton's Tavern in Concord, at 10 o'clock, A.M.

JACOB COGGIN, _Sec'y_.

N. B.--It is particularly requested that all the Clergy, and others in the county, who feel interested in the object would attend. may 13, 1815

THE SABBATH. An ecclesiastical council was lately convened at Kingsbury, N. York, to decide a controversy which had originated between the minority and majority of the Baptist Church, in Kingsbury, respecting an observance of the Christian Sabbath. One of the Elders of the Church, Mr. Culver, had written, preached and published a discourse, which, in the opinion of the Council, amounted to a full and complete denial of all Scriptural authority, for observing a day as a Christian Sabbath. The Council, after stating the reasons, which in their opinion, conclusively proved the obligation of the Christian to observe the Sabbath, recommend an union between the parties to this controversy, and if the majority do not comply, the Council deem it their imperious duty, to recognize the minority as the regular Baptist Church.

In a former paper, we alluded to the manner in which the Sabbath was regarded by our ancestors. It appears, that the following special instructions on this subject were given to Gov. Endicott, by the New-England Plantation Company.

"And to the end, the Saboth may bee celebrated in a religious manner, we appoint, that all that inhabite the plantation, both for the general and particular employment, may surcease their labor, every Satterday throughout the year, at three of the clock in the afternoone, and that they spend the rest of the day in catechising and preparation for the Saboth, as the minister shall direct."

_Salem Observer_, Aug. 4, 1827.

In the "Salem Register" of Oct. 11, 1820, we find the report of the trial of a man charged with the crime of Sabbath-breaking by delivering milk to his customers. The presiding judge (Mitchell) seems to have made a very sensible address to the jury on this occasion. Probably the surest way to bring about speedily the much-dreaded "European Sunday" would be for some person or persons to prosecute such individuals as they happen to know who violate certain obsolete Sunday laws.

_Law Intelligence._

COMMONWEALTH VS. GLOVER.

This was an appealed case. The justice before whom it was originally tried, imposed a fine on Glover, who appealed to the Common Pleas. It was tried at Dedham on the 21st ult.