The Olden Time Series Volume III Part 3

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 wors.h.i.+p to complain of, only many people neglected to attend the meetings, or walked or rode for pleasure on the Lord's Day.

In the same month and year the "Worcester aegis" gave expression to opinions on the question of "Sabbath-breaking" which we think accord more with modern ideas than do those of the Ess.e.x convention. The views of the "aegis"

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 trespa.s.sed upon by these _official harpies_, who, instead of spending the day as they ought, in wors.h.i.+ping G.o.d, 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 inst.i.tutions: for this very reason we reprobate conduct which has a direct tendency to bring these inst.i.tutions 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 a.s.sistance from the feeble arm of the magistrate.

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.

} t.i.thingman of Bedford in DAVID LANE, } behalf of himself and five } others.

} t.i.thingman of Westford BENJ. OSGOOD, } in behalf of himself and } four others.

} t.i.thingman of Carlisle in JOHN JACOBS, } behalf of himself and one } other.

} t.i.thingman of Bilerica SAM'L WHITING, } in behalf of himself and } nine others.

May 27th, 1815.

Lord's Day.

NOTICE is hereby given, that the Middles.e.x 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 (Mitch.e.l.l) 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.

The complaint was that said Glover had been guilty of the crime of Sabbath breaking, by delivering milk to his customers in Boston on the 25th June last. The evidence to support the complaint was from two gentlemen, Messrs. M'Clure and Vose. They testified, that on the 25th June last they walked out in company at 5, A.M. to see if they could discover any persons delivering milk from carts--that they had not been long in pursuit, before they descried a man, who descended from his vehicle, with a milk vessel, and poured milk from it, which he delivered to a family in their presence.--They approached him--enquired his name, and from whence he came. He answered, from Quincy, and his name was Glover.--They asked if he was in the habit of bringing milk to Boston on the Sabbath. He told them he had been when the weather was very hot. This was the evidence.

The complaint being for doing labour on the Sabbath in the county of Norfolk, which was not labour of _necessity_ or _mercy_.

Churchill, for Defendant, in cross examining the witnesses, enquired why they rose at so early an hour, on the 25th June, and went to walk? They answered that it was partly to exercise, and partly to perform their duty as professors of religion. They said they had made up their minds that the moiety of the fines they expected to receive, they would give to some charitable inst.i.tution.

The defence rested on two points--_First_, That no crime or act was proved to have been committed in Norfolk county--_Secondly_, If it should be proved that the act complained of had been committed, it was an act of _necessity_ and _mercy_.

Counsellor Churchill entered with much spirit into the cause, and evinced that he had bestowed upon it much thought and labour. He gave an elaborate history of the Sabbatical Inst.i.tution, and stated the various opinions and laws as to the division of holy time. He said that many families in Boston, both poor and rich, depended on milk to feed their children--that a large proportion of the people had no conveniences for keeping it from Sat.u.r.day night till Monday morning; that those who had no other way of disposing of their milk, but by delivering it to those who would suffer without it, performed an act embracing both _necessity_ and _mercy_; that those who sat up all night for the purpose of being up before day, to fatten on those who were performing the before-named charitable act, were like the Jews of old, who, when the Saviour of mankind raised the dead and restored the blind to sight, cried out, Crucify him! the Jews were but the M'Clures of the present day.

The Judge (MITCh.e.l.l) charged the jury, that, if they had doubts whether any offence were proved to have been committed, within the county, they must acquit; or, if otherwise, and they were of opinion that it was necessary to deal out milk on the Sabbath in extreme hot weather, they must acquit. He stated that his neighbours bought milk of him, and took it on Sunday as on other days, and thought it no crime. He did not cast up the score, receive the money and rub out the chalks on that day; but apprehended that his conduct was virtually the same as that charged upon the defendant. The defendant pursued his regular course, and in doing so, he saved his property from waste, and relieved many from disappointment and distress. The clergy ride from town to town on the Sabbath, and the physicians ride without molestation. The Sabbath is a day of rest--but in the exercise of its duties, reason is to be regarded. Such worldly concerns as can well be done on other days, ought not to be done on the Sabbath--but if an ox fall into a pit, he must be taken out; that if a clergyman has agreed to exchange with a brother, he may as well ride a few miles on the Sabbath as to make a parade of going on Sat.u.r.day night.

The jury returned a verdict of--NOT GUILTY.

OBSERVANCE OF THE SABBATH. There has been lately, in some of the Boston papers, a discussion of the question, whether the sailing of a steam boat on the Sabbath is not a profanation.

We allude to this subject, at the present time, not for the purpose of taking a side in the controversy, but merely to show in what manner this day was formerly noticed in England, and our own country.

In England, during the reign of James the first, it was lawful for his subjects to indulge in certain sports, such as dancing, archery, leaping, vaulting, may-games, whitsun ales, and morris dances, on _Sunday_ after evening service. But it was not lawful to have bear-baiting, bull-baiting, interludes, and bowling.

In reign of Charles 1st a statute was pa.s.sed, prohibiting a meeting out of the parish, on the Lord's day, to enjoy these sports. A statute was afterwards pa.s.sed, prohibiting carriers and drovers from travelling, and butchers from slaughtering or selling on this day. Afterwards all tradesmen, artificers, workmen, laborers, or other persons, were prohibited from exercising their callings on this day, excepting works of necessity and charity, and dressing and selling meat in families, inns, cook-shops, &c. selling milk before nine in the morning, and after four in the afternoon, _selling mackerell_ before or after divine service, and excepting also forty watermen, who may ply between Vauxhall and Limehouse.

By a statute of George 2d fish carriages were allowed to pa.s.s on Sundays, whether laden or empty. During the reign of this King, the Court decided in favor of a Baker, charged "with baking puddings and pies on the Lord's day for dinner." The court considered the case as falling within the exceptions of works of necessity and charity. "That it was better that one baker and his men should stay at home, than many families and servants." Under George 3d Bakers were prohibited from making, baking or selling, excepting between nine in the morning and one in the afternoon, and the person requiring the baking carried or sent it to the place where it was to be baked. A law was afterwards pa.s.sed, permitting bakers to work, so far as may be necessary in setting or superintending the sponge, to prepare the dough for the next day's baking.

The provisions of the Colony and Province laws, on this subject, were embodied in our State law of 1792, which prohibits every person from keeping open his shop, ware-house, or work-house, on the Lord's day, & from doing any labor or work, excepting that of necessity and charity, and from attending concerts of music, dancing, &c. It likewise prohibits travelling by drovers, teamsters, &c. visiting taverns, &c. during the time included between the midnight preceding and the sun-setting of the Lord's day. It likewise prohibits games, diversions, recreations on the land or water, on the evening next preceding or succeeding the Lord's day. Under the Colonial government, it was for some time made a question when the Sabbath should be considered as commencing; but in 1645 it became a custom to regard the evening of the last day of the week as the beginning of the Sabbath. Several clergymen however considered Sat.u.r.day afternoon as the commencement of holy time.

The following extracts from our town records will show in what manner the Sabbath was observed by our pious ancestors.

"1644.