Law of 1623-24. Law of 1705. Punishment for blasphemy. LAW OF 1623-1624 REQUIRING CHURCH ATTENDANCE.1 Whosoever shall absent himself from divine service any Sunday, without an allowable excuse, shall forfeit a pound of tobacco, and he that absenteth himself a month shall forfeit 50 lbs. of tobacco. FIVE SHILLINGS, FIFTY POUNDS OF TOBACCO, OR TEN LASHES If any person of full age shall absent from divine service at his or her parish church or chapel, the space of one month (except such Protestant dissenters as are exempted by the act of Parliament made in the first year of King William and Queen Mary) and shall not, when there, in a decent and orderly manner continue till the service be ended: and if any person shall on the Lord's day, be present at any disorderly meeting, gaming, or tippling, or travel upon the road, except to and from church (cases of necessity and charity excepted) or be found working in their corn, tobacco, or other labor of their ordinary calling, other than is necessary for the sustenance of man or beast; every as should come thereafter, to be imprisoned till they should abjure the country, provided a milder penalty for the first and second return, but death for their third. If no capital executions took place here, as did in New England, it was not owing to the moderation of the church, or spirit of the legislature, as may be inferred from the law itself; but to historical circumstances which have not been handed down to us." Jefferson's "Notes on Virginia" (1788), page 167. 66 In the same year, 1610, a law was enacted in Virginia against blasphemy, the offender, for the first offence, to suffer "severe punishment;" for the second, to have a bodkin thrust through his tongue;" and for the third, "be brought to a martial court, and there receive censure of death." Similar laws, both as regards Sunday observance and blasphemy, were enacted by Massachusetts in 1698, by Connecticut about the same time, and by Maryland in 1723. See pages 39-41. 1 Hening's "Statutes at Large," volume i, page 123. 2 Mercer's "Laws of Virginia," page 320. such person being lawfully convicted of any such default or offence, by confession or otherwise, before one or more justice or justices of the county, within two months after such default or offense made or committed, shall forfeit and pay five shillings, or fifty pounds of tobacco for every such default or offence; lings or fifty and on refusal to make present payment, or give sufficient caution for payment thereof at the laying of the next parish levy, shall, by order of such justice. or justices, receive, on the bare back, ten lashes, well well laid on. laid on.1 LABOR ON SUNDAY FORBIDDEN UNDER PENALTY OF ONE DOLLAR If any person on the Sabbath day shall himself be found laboring at his own, or any other trade, or calling, or shall employ his apprentices, servants, or slaves in labor, or other business except it be in the ordinary household offices of daily necessity, or other work of necessity or charity, he shall forfeit the sum of one dollar and sixty-seven cents, for every such offense, deeming every apprentice, servant, or slave, so employed, and every day he shall be so employed, as constituting a distinct offence.3 1 From these statutes it is clearly to be seen that the great object of their enactment was church attendance and the religious observance of the day. 2" Certain Acts of the General Assembly of the Commonwealth of Virginia," page 112. 3 Since religion was disestablished in Virginia and the other original States, the later American Sunday laws have not required church attendance; but they have continued to call Sunday 'the Sabbath day," and to forbid ordinary labor, business, trade, recreation, and amusements as formerly on that day the prerequisites to church attendance and to the religious observance of the day. They are religious, and their object is still religious; they simply fall short of specifying in words, and plainly requiring, their real object. The idea still prevails that the aid of civil law is essential to Sabbath observance, just as formerly the tithing laws, or state taxation for Five shil pounds of tobacco. Ten lashes Law of 1650. Law from codification of 1671. Law of 1696 for the provision for the clergy. Who be lieves in such legislation now? MASSACHUSETTS. PROPHANCON THE LORDS DAY. Further bee it enacted that whosoever shall prophane the Lords day by doeing any servill worke or any such like abusses, shall forfeite for every such default tenn shillings or be whipte.1 PRESUMPTUOUS SUNDAY DESECRATION TO BE PUNISHED BY DEATH." 9. This court taking notice of great abuse, and many misdemeanours, committed by divers persons the support of the clergy, was thought essential to the maintenance of an efficient ministry, as is so clearly expressed in the following Act for the better support and maintenance of the clergy," passed by Virginia in 1696: 'Whereas a competent and sufficient provision for the clergy will be the only means to supply this Dominion with able, faithful, and orthodox ministers, and the people edified: and whereas the law now in force, instituted, glebes to be laid out, in making such provision, doth seem very deficient and uncertain, . . . be it further enacted .. that all and every minister and ministers, in all and every parish and parishes in the dominion, incumbent in the said parish or parishes, and therefore officiating as minister or ministers, shall have and receive, for his or their maintenance, the sum of sixteen thousand pounds of tobacco, besides their lawful perquisites; and that it shall and may be lawful for the vestry or vestries of any parish or parishes, and they are, by virtue of this act, authorized and empowered to raise and levy the same in their respective parish or parishes." "Acts of Assembly Passed in the Colony of Virginia from the Year 1662," page 189. But who in this country believes in this now? Who believes that competent and sufficient provision for the clergy" by the state is "the only means," or even the best means, of providing the people with "able, faithful, and orthodox ministers"? Why then should State laws be thought necessary to proper Sabbath observance? Like the tithing laws, these, too, should be repealed, for both belong to religious establishments, and are consistent only with the idea of a union of church and state. 1 "The Compact, Charter, and Laws of the Colony of New Plymouth. Boston, 1836." 2 The Book of the General Laws of New Plimouth, published by authority of the General Court held at Plimouth, June 6, 1671," chapter iii, 'Criminals," sections 9, 10; reprinted at Boston, 1836. in these many wayes, Profaning the Sabbath or Lordsday, to the great dishonour of God, Reproach of Religion, and Grief of the Spirits of God's People, Do therefore Order, That whosoever shall profane the Lords-day, by doing unnecessary servile Work, by unnecessary travailing, or by sports and recreations, he or they that so transgress, shall forfeit for every such default forty shillings, or be publickly whipt: But if it clearly appear that the sin was proudly, Presumptuously and with a high hand committed, against the known Command and Authority of the blessed God, such a person therein despising and reproaching the Lord, shall be put to death or grievously punished at the Judgement of the Court. 10. And whosoever shall frequently neglect the public Worship of God on the Lord's-day, that is approved by this Government, shall forfeit for every such default convicted of, ten shillings, especially where it appears to arise from negligence, Idleness or Prophaneness of Spirit. Punished by death. Neglect of of worship. PENALTY FOR TRAVELING ON THE LORD'S DAY. To prevent prophanation of the Lords day by foraignors or any others unessesary travelling through our Townes on that day; It is enacted by the Court that a fitt man in each Towne be chosen unto whom whosoever hath nessesity of travell on the Lords day incase of danger of death or such nessesitous occations shall repaire and makeing out such occations satisfyingly to him shall receive a Tickett from him to pas on about such like occations which if the traveller attend not unto; It shal be lawful for the Constable or any man that meets him to take him up and stop him untill hee be brought before authoritie or pay his fine for such transgression as by law in that case is provided; and if it after shall appear that Law of 1682. 37 his plea was falce then may hee be apprehended att another time and made to pay his fine as aforsaid.1 AN ACT FOR THE BETTER OBSERVATION AND KEEPING THE That all and every person and persons whatsoever, shall on that day carefully apply themselves to duties of religion and piety, publicly and privately; and that no tradesman, artificer, laborer, or other person whatsoever, shall upon land or water, do or exercise, any labor, business, or work of their ordinary calling; nor use any game, sport, play, or recreation on the Lord's day, or any part thereof (works of necessity and char 1"The tithingman also watched to see that no young people walked abroad on the eve of the Sabbath,' that is, on a Saturday night [after sundown]. He also marked and reported all those who lye at home,' and others who prophanely behaved,' 'lingered without dores at meeting time on the Lordes Daie,' all the sons of Belial strutting about, setting on fences, and otherwise desecrating the day.' These last two classes of offenders were first admonished by the tithingman, then sett in stocks,' and then cited before the Court. They were also confined in the cage on the meeting-house green, with the Lord's Day sleepers. The tithingman could arrest any who walked or rode too fast a pace to and from meeting, and he could arrest any who walked or rode unnecessarily on the Sabath.' Great and small alike were under his control, as this notice from the Columbian Centinel' of December, 1789, abundantly proves. It is entitled The President and the Tything man: ' "The President [George Washington], on his return to New York from his late tour through Connecticut, having missed his way on Saturday, was obliged to ride a few miles on Sunday morning in order to gain the town at which he had proposed to have attended divine service. Before he arrived, however, he was met by a tithing man, who commanding him to stop, demanded the occasion of his riding; and it was not until the President had informed him of every circumstance and promised to go no further than the town intended that the tithing man would permit him to proceed on his journey.'" Earle's Sabbath in Puritan New England," pages 74, 75. 2" Acts and Laws of the Province of Massachusetts Bay, from 1692-1719," page 15. |