Sabbath Vs Sunday

Emperor Constantine (pictured right) issued the first Sunday Law. The law issued by the emperor on the seventh of March, A.D. 321, regarding a day of rest from labor, reads as follows:

"All judges and city people and the craftsmen shall rest upon the venerable Day of the Sun. Country people, however, may freely attend to the cultivation of the fields, because it frequently happens that no other days are better adapted for planting the grain in the furrows or the vines in trenches. So that the advantage given by heavenly providence may not for the occasion of a short time perish."--Joseph Cullen Ayer, A Source Book for Ancient Church History (New York: Charles Scribner's Sons, 1913), div. 2, per. 1, ch. 1, sec. 59, g, pp. 284, 285.

The Latin original is in the Codex Justiniani (Codex of Justinian), lib. 3, Page 681 title 12, lex. 3. The law is given in Latin and in English translation in Philip Schaff's History of the Christian Church, vol. 3, 3d period, ch. 7, sec. 75, p. 380, footnote 1; and in James A. Hessey's Bampton Lectures, Sunday, lecture 3, par. 1, 3d ed., Murray's printing of 1866, p. 58. See discussion in Schaff, as above referred to; in Albert Henry Newman, A Manual of Church History (Philadelphia: The American Baptist Publication Society, printing of 1933), rev. ed., vol. 1, pp. 305-307; and in Leroy E. Froom, The Prophetic Faith of Our Fathers (Washington, D.C.: Review and Herald Publishing Assn., 1950), vol. 1, pp. 376-381.

There were very restrictive Sunday laws in the United States early in its history. Here are some examples:

Virginia 1610
Every man and woman shall repair in the morning to the divine service and sermons preached upon the Sabbath day, and in the afternoon to divine service, and catechis- ing, upon pain for the first fault to lose their provision and the allowance for the whole week following; for the second, to lose the said allowance and also be whipt; and for the third to suffer death {emphasis supplied}. Source: W.A. Blakely, Maryland Law Review, 1970, p. 33

Virginia   1623
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 Ibs of tobacco. Ibid p. 34

Massachusetts   1650
Further be it enacted that whosoever shall prophane the Lords day be doeing any servill worke or any such like abusses, shall forfeite for every such default tenn shillings or be whipte. David N. Laband & Deborah Hendry Heinbuch, The History, Economics, and Politics of Sunday-Closing Laws, Lexinton Books, D.C. Heath and Company, Lexington, Massachusetts, 1987, p. 31.

1671
9. This court taking notice of great abuse, and many misdemeanours, committed by divers persons in these many wayes. Profaning the Sabbath or Lords day, 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 Lord's-day, by doing unnecessary servile Work, by unnec- essary 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 {emphasis supplied} 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. David N. Laband & Deborah Hendry Heinbuch, The History, Economics, and Politics of Sunday-Closing Laws, Lexinton Books, D.C. Heath and Company, Lexington, Massachusetts, 1987, p. 31.

Connecticut

1656

Whosoever shall profane the Lord's day, or any part of it, either by sinful servile work, or by unlawful sport, recreation, or otherwise, whether wilfully or in a careless neglect, shall be duly punished by fine, imprisonment, or corporally, according to the nature, and measure of the sin, and offence. But if the court upon examination, by clear and satisfying evidence find 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 {emphasis supplied}, that all others may feare and shun such provoking rebellious couises. Ibid, p. 32.

1721

Whatsoever person shall be guilty of any rude and unlawful behavior on the Lord's Day, either in word or action, by clamorous discourse, or by shouting, hollowing, screaming, running, riding, dancing, jumping, winding horns or the like, in any house or place so near to any pub- lick meeting house for divine worship that those meet there may be disturbed, shall be fined forty shillings. Ibid, p. 32.

Maryland 1692-1715

Be it enacted ... that from and after the publishing of this law, no person or persons whatsoever within this Province, shall work or do any bodily labor or occupation upon the Lord's Day, commonly called Sunday . . . (the works of absolute necessity and mercy always excepted) . . . nor shall abuse or profane the Lord's Day by drunken- ness, swearing . . . And if any person or persons . . . shall offend in any or all of these premises, he ... shall forfeit and pay for every such offense the sum of one hundred pounds of tobacco. Ibid, p. 33.

1723

Be it enacted, That no person whatsoever shall work or do any bodily labor on the Lord's day, commonly called Sunday, and that no person having children, servants, or slaves, shall command, or wittingly or willingly suffer any of them to do any manner of work or labor on the Lord's day, (works of necessity and charity always excepted) nor shall suffer or permit any children, servants, or slaves, to profane the Lord's day by gaming, fishing, fowling, hunt- ing, or unlawful pastimes or recreations; and that every person transgressing this act, and being thereof convict by the oath of one sufficient witness, or confession of the party before a single magistrate, shall forfeit two hundred pounds of tobacco, to be levied and applied as afore- said. Ibid, p. 33.

Pennsylvania 1682

But to the end That Looseness, irreligion, and Atheism may not Creep in under the pretense of Conscience in this Province, Be It further Enacted by the Authority aforesaid, That, according to the example of the primitive Christians, and for the ease of the Creation, Every first day of the week, called the Lord's day, People shall abstain from their usual and common toil and labour, That whether Masters, Parents, Children, or Servants, they may the better dispose themselves to read the Scriptures of truth at home, or fre- quent such meetings of religious worship abroad, as may best sute their respective persuasions. Ibid, p 33.

New York 1695

Whereas the true and sincere service and worship of God, according to his holy will and commandments, is often profaned and neglected by many of the inhabitants and sojourners within this Province, who do not keep holy the Lord's day, but in a disorderly manner, accustom themselves to travel, laboring, working, shooting, fishing, sporting, playing, horseracing, frequenting of tippling- houses, and the using of many other unlawful exercises and pastimes upon the Lord's day, to the great scandal of the holy Christian faith:

Be it therefore enacted . . . that there shall be no trav- elling, servile laboring and working, shooting, fishing, sporting, playing, horse racing, hunting, or frequenting of tippling-houses, or the use of any other unlawful exercises or pastimes, by any of the inhabitants or sojourners within this Province, or by any of their slaves or servants, on the Lord's day; and that every person or persons offending in the premises shall forfeit for every offense the sum of six shillings . . . and in default of such distress, that the party offending, to be set publicly in the stocks by the space of three hours. Ibid, p.33.

New Hampshire 1700

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, 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 mercy only excepted) upon pain that every person so offending shall forfeit five shillings. . .
And in case any such offender be unable or refuse to satisfy such fine, to cause him to be put in the cage, or set in the stocks, not exceeding three hours. Ibid, p.34

Georgia 1792

Whereas there is nothing more acceptable to God than the true and sincere worship and service, according to his holy will, and that the keeping holy of the Lord's day is a principal part of the true service of God, which in this province is too much neglected by many ... be it enacted . . . that all and every person and persons whatsoever, shall on every Lord's day, apply themselves to the observation of the same, by exercising themselves thereon in the duties of piety and true religion, publicly or privately, or having no reasonable or lawful excuse, on every Lord's day shall resort to their parish church, or some meeting or assembly of religious worship, tolerated and allowed by the laws of England, and there shall abide, orderly and soberly, during the time of prayer and preaching, on pain of forfeiture for every neglect of the sum of two shillings and sixpence Ster- ling.
II. That no tradesman, artificer, workman, laborer, or other person whatsoever, shall do or exercise any worldly labor, business or work of their ordinary callings upon the Lord's day, or any part thereof (works of neces- sity or charity only excepted) and that every person, being of the age of fifteen years or upwards, offending in the premises, shall, for every such offense, forfeit the sum of ten shillings. . . .
III. No drover waggoner, butcher, higler, they or any of their servants, or any other traveller, or person whatso- ever, shall travel on the Lord's day . . . except it be to the place of religious worship, and to return again, or to visit or relieve any sick person, or unless the person or persons were belated the night before, and then to travel no farther than to some convenient inn or place of shelter for that day, or upon some extraordinary occasion for which he, she, or they shall be allowed to travel under the hand of some justice of the peace of this province.
VI. That the church-wardens and constables of each parish respectively, or any one or more of them, shall, once in the forenoon, and once in the afternoon, in the time of divine service, walk through the town of Savannah and the respective towns of this province, to observe, suppress and apprehend all offenders whatsoever contrary to the true intent and meaning of this act; . . . and all persons whatso- ever are strictly commanded and required to aiding and assisting any constables, or other officers, in their execu- tion of this act, on the penalty of ten shillings Sterling for every refusal.
VII. ... In case of default of such distress, or in case of insufficiency or inability of the said offender to pay the said forfeiture or penalties, that then the party offending be set publicly in the stocks for the space of two hours. Op Cit, Laband and Heinbuch, p.35.

North Carolina 1741

Whereas in well-regulated governments effectual care is always taken that the day set aside for public worship be observed and kept holy; and, to suppress vice and im- morality, Wherefore ... be it enacted . . . that all and every person and persons whatsoever shall, on the Lord's Day, commonly called Sunday, carefully apply themselves to the duties of religion and piety; and that no tradesman, artisan, planter, laborer, or other person whatsoever, shall upon the land or water do or exercise any labor, business, or work of their ordinary callings, (works of charity and necessity only excepted) nor employ themselves either in hunting, fishing, or fowling, nor use any game, sport, or play, on the Lord's Day aforesaid, or any part thereof, upon pain that every person so offending, being of the age of fourteen years and upwards, shall forfeit and pay the sum of ten shilling. Ibid, p. 36.

New Jersey 1693

Whereas, it hath been the practice of all societies of Christian professors to set aside one day in the week for the worship and service of God, and that it hath been and is the ancient law of England, (according to the practice of the primitive Christians) to set apart the first day of the week to that end, and finding by experience that the same good practice and law hath been greatly neglected in this province, to the grief of such as profess the Christian religion, and to the scandal thereof. Be it therefore enacted . . . that if any person or persons shall within this province be found doing any unnecessary servile labor, or shall travel upon the Lord's day, or first day (except to some religious service or worship, or otherwise in case of neces- sity) or shall be found tippling, sporting, or gaming, thereby profaning the Lord's day, or first day, shall, upon conviction thereof before one justice of the peace, forfeit and pay for every such offense six shillings. Ibid, p. 36

Delaware 1795

Whereas the penalties which have hitherto been inflicted upon those who profane the Lord's Day, com- monly called Sunday, have been found insufficient to deter many persons from such immorality; therefore, Be it enacted . . . that if any person or persons, after the passing of this act, shall do or perform any wordly employment, labor or business whatsoever, upon the Lord's Day, com- monly called Sunday, (works of necessity and charity only excepted) . . . such person or persons so offending, for every such offense, shall forfeit the sum of four dollars; and upon the refusal or inability to pay the said fine and the legal costs, he or she shall be imprisoned in the public goal of the county, for any space of time not exceeding twenty-four hours. Ibid, p. 37

Rhode Island 1679

Be it enacted by the General Assembly, and by the authority of the same. That no person or persons within this Colony shall do or exercise any labor or business or work of their ordinary calling, nor use any game, sport, play or recreation on the first day of the week, nor suffer the same to be done by their children, servants or appren- tices (works of necessity and charity only excepted), on the penalty of five shillings for every such offense . . . together with the reasonable charges accruing thereon; and in the case such offender shall not have sufficient to satisfy the same, then to be set in the stocks by the space of three hours. Ibid, p. 37.

Tennessee 1803

If any person shall be guilty of exercising any of the common vocations of life, or of causing or permitting the same to be done by his children of his servants, acts of real necessity or charity excepted, on Sunday, he shall, on due conviction thereof before any justice of the peace of the county, forfeit and pay ten dollars ($10.00), one half to the person who will sue for the same, the other half for the use of the county. Ibid, p. 37

In 1789 George Washington, the newly elected President of the United States, was stopped by a "tithingman" for violating Connecticut's law against traveling on Sunday. The law prohibited anyone from walking or riding unnecessarily on the first day of the week. He was only permitted to continue his journey when he promised to stop his travels when he reached his intended destination. Ibid. p. 38.

For comparison, in 1818 there were 223 offenses punishable by death in England. There were only twelve offenses punishable by death by the penal codes of Massachusetts (1641) and Connecticut (1642). Ibid. p. 38

The only conclusion one can draw from this short historical account is that U.S. citizens in the early days of our country were free to practice any religion they wanted, as long as it was the state religion! Otherwise, they were subject to persecution and death. Shortly, the situation will be exactly the same as it was then!