the Lord's day, and that Kupelakηv v is to lead a life conformable to the Lord's day, in memory of our Saviour's Resurrection. Yet sometimes the Ancients, when they write to the Gentiles, scruple not to call it Sunday, to distinguish it by the name best known to them. As Justin Martyr, writing his apology to the Heathen, says,' we all meet together on Sunday, on which God, having changed darkness and matter, created the world, and on this day Jesus Christ our Saviour arose from the dead. In like manner Tertullian, answering the objection made by the Heathens, that the Christians worshipped the sun, says indeed they made Sunday a day of joy, but for other reasons than to worship the sun, which was no part of their religion. At other times, when he writes only to Christians, he commonly uses the name of the Lord's day, and especially when he would distinguish it from the Jewish sabbath*. And the like may be observed in the laws of the first Christian emperors. Constantine uses the name Sunday, when he forbids all law-suits on this day. Valentinian uses the same name upon the same occasion. So does also Valentinian' junior, and Theodosius senior, and Theodosius junior, in settling the observation of this day. But they use the name indifferently, stiling it sometimes the Lord's day, which was more proper among Christians, as is particularly noted in one of the laws of the younger Valentinian, which runs thus, "solis die, quem dominicum rite dixere majores, &c. on Sunday, which our forefathers have rightly and customarily called the Lord's day."s His reference to ancient custom is 5 1 Justin. Apol. ii. p. 99. 2 Tertul. Apol. cap. xvi. Æque si diem solis lætitiæ indulgemus, aliâ longe ratione quam religione solis, &c. It. lib. i. ad Nation. cap. xiii. Alii solem Christianum Deum æstimant, quod innotuerit ad orientis partem facere nos precationem, vel die solis lætitiam curare. Tertul. de Coron. Mil. cap. iii. Die Dominico jejunium nefas ducimus, vel de geniculis adorare. 4 Tertul. de jejun. cap. xv. Exceptis scilicet sabbatis et dominicis. Cod. Theod. lib. li. tit. 8. de Feriis. leg. i. • Ibid. leg. ii. Cod. Th. lib. viii. de Executoribus. leg. 1. et 3. lib. xi. tit. 7. de Exactionibus. leg. 10. et 13. lib. xv. tit. 5. de Spectaculis. leg. ii. Cod. Th. lib. xi. tit. 5. de Exactionibus. leg. 13. 2 4 confirmed not only from what has been alleged out of Ignatius and Clemens Alexandrinus and Tertullian, but from the use of the word Kupiakn in the epistle of Dionysius, Bishop of Corinth to Pope Soter, recorded by Eusebius,' where he says, to-day we observed the Lord's holy day, TV KUρLakη'v ἁγίαν ἡμέραν διηγάγομεν. And from what Eusebius says of Melito, Bishop of Sardis, that he wrote a book wɛì Kupiaкns, concerning the Lord's day. In like manner Irenæus, in his epistle to Pope Victor, says, the mystery of the Lord's Resurrection, or the Paschal festival, ought to be kept only on the Lord's day, Tй Tе KUριaкns nuéog. And Origen, to τῆς κυριακῆς distinguish it from the Jewish sabbath, says, that Manna was rained down from Heaven on the Lord's day, and not on the sabbath, to shew the Jews, that even then the Lord's day was preferred before it. This evidences not only the antiquity of the name, but that the observation of the day in memory of our Lord's resurrection was the universal practice of the Church from the time of the Apostles. And from one solemn act of breaking bread in the constant celebration of the Eucharist on this day, I have once before observed,5 out of Chrysostom, that it is sometimes called, Dies Panis, the day of bread, because it was the general custom in the primitive Church to meet for breaking of bread, and receiving of the communion on every Lord's day throughout the year. And I shall not need here to be more particular concerning this, or any other part of the public service performed on the Lord's day, such as psalmody, reading of the scriptures, preaching, and praying, and exercising discipline upon penitents, and absolving them, because I have treated largely of these in their order in several books before but now only take notice of some special laws and customs, that were observed, to shew a more peculiar reverence, honour and respect to the super-eminent dignity of this day. 1 Euseb. lib. iv. cap. 23. 8 Ap. Euseb. lib. v. cap. 24. Euseb. lib. iv. cap. 26. Orig. Hom. vii. in Exod. xv. tom. i. Paschalis, cited by Gothofred. in Cod. Book xv, chap. ix. sect 2. 5 SECT. 2.-All Proceedings at Law forbidden and suspended on this Day, except such as were of absolute Necessity or great Charity: as Manumission of Slaves, &c. Among these we may reckon in the first place those imperial laws, which suspended all actions and proceedings at the law on this day, whether arrests, pleadings, exactions, sentences of judges, or executions: except only such as were of absolute necessity or some eminent charity, as the manumission of slaves, or granting them their freedom, which was not forbidden, because it was an act of considerable charity and great mercy. This was the same respect as the old Roman laws had paid to their feriæ or festivals in times of idolatry and superstition. But as then the Lord's day was of no account among the heathen, so no exemption was made in its favour, but this was juridical as well as any other, till Constantine made the first law to exempt it. And now also the Christian laws concerning the observation of the Lord's day, which exempted it from being juridical, still admitted of some exceptions, as the Heathen laws in relation to their ferie had done before them. The exceptions made by the Heathen laws are particularly specified by Ulpian,1 out of the edicts of Trajan and Marcus Antoninus, where the hearing of all causes of absolute necessity and great charity, and about all military affairs, are allowed on their festivals: as the appointing of curators and guardians to orphans, and causes relating to matters of preservation and damage, and legacies and trusts, and exhibiting of wills, and maintenance 1 Digest. lib. ii. tit. 12. de Feriis. leg. 2. Divus marcus effecit, de aliis speciebus prætorem adiri etiam diebus feriaticis: utputa ut tutores aut curatores dentur-vel rei servandæ causâ, vel legatorum, fideive commissorum, vel damni infecti: item de testamentis exhibendis: ut curator detur bonorum ejus, qui an hæres extaturus sit incertum est: aut de alendis liberis, parentibus, patronis: aut de adeundâ suspectâ hæreditate, &c. Ibid. leg. 3. Solet etiam messis vindemiarumque tempore jus dici de re bus quæ tempore vel morte perituræ sunt. Morte, veluti furti, damni, injuriæ, injuriarum atrocium, qui de incendio, ruinâ, naufragio, rate, nave expugnatâ rapuisse dicuntur, et si quæ similes sunt. Ibid. leg. ix. Quæ ad disciplinam militarem pertinent, etiam feriatis diebus peragenda, &c. of children, parents, and patrons: and all causes wherein a man might suffer great damage either by delay or by death, as in case of theft, or great injuries and losses by fire, or shipwreck, or piracies, or any cases of the like nature. Now as the old Roman laws exempted the festivals of the heathen from all juridical business, and suspended all processes and pleadings, except in the forementioned cases: so Constantine ordered that the same honour and respect should be paid to the Lord's day; that it should be a day of perfect vacation from all prosecutions, and pleadings, and business of the law, except where any case of great necessity or charity required a juridical process and public transaction: for such cases were always thought to be consistent with the design of the rest both of the sabbath and the Lord's day, as our Lord himself had interpreted the law of the sabbath in many cases of beneficence and doing good, both by his doctrine and his example. Therefore Constantine peremptorily forbad all his judges to hear any causes either criminal or civil on this day,' except such as could not be deferred without intrenching upon the rules of charity; which sort of actions and causes the law calls votiva, good offices, such as the emancipation or manumission of slaves, which he allows any one to perform, in a legal manner, on this day, and there should lie no prohibition against them. Honorius in like manner excepts the causes that were commenced against the navicularii, or masters of vessels transporting the public corn from Afric to Rome: if any fraud was suspected in them, they were to be examined by torture upon any festivals or days of devotion without delay or molestation: because the preservation of the public corn was a matter of great concern to the public welfare of Rome, bread being the staff 1 Cod. Th. lib. ii. tit. viii. de Feriis. leg. 1. Sicut indignissimum videbatur, diem solis, veneratione sui celebrem, altercantibus jurgiis et noxiis partium contentionibus occupari, ita gratum ac jocundum est, eo die quæ sunt maxime votiva compleri: atq; ideo emancipandi et manumittendi die festo cuncti licentiam habeant, et super his rebus actus non prohibeantur. Vid. Cod. Justin. lib. iii. tit. 12. de Feriis. leg. 2. 2 Cod. Th. lib. xiii. tit. 5. de Naviculariis. leg. 38. feriatis et devotionum absque ullâ observatione peragenda est. Hujusmodi inquisitio etiam diebus of life; and therefore inquisition into such frauds was proper to be made upon any day whatsoever without exception. For the same reason Honorius and Theodosius junior, by another law, ordered prosecution to be made against the Isaurian pirates on any day, not excepting Lent or Easterday: lest the discovery of wicked designs should be delayed, which was to be effected only by putting the robbers to the rack in their examination; which it was to be hoped the great God would readily pardon, seeing the preservation and safety of many innocent men was procured thereby. So that in such cases, where mercy and charity or the necessities of the public good were concerned, all days were juridical, and actions at law might be prosecuted on the Lord's day as well as any other. But excepting these particular cases, the prosecution of law-suits on this day was universally forbidden. Valentinian senior prohibited all arrests of men for debt, whether public or private, on this day. For no man might be convened even by the exactors of the public revenues, under pain of incurring the emperor's highest displeasure for the breach of his law. Valentinian junior speaks a little more expressly:" on Sunday, which our forefathers rightly called the Lord's day, let all prosecution of causes, controversial business and disputes be wholly laid 1 Cod. Th. lib. ix. tit. 35. de Quæstionibus. leg. 7. Provinciarum judices moneantur, ut in Isaurorum latronum quæstionibus nullum quadragessimæ, nec venerabilem pascharum diem existiment excipiendum: ne differatur sceleratorum proditio consiliorum, quæ per latronum tormenta quærenda est; cum facillimè in hoc summi numinis speratur venia, per quod multorum salus et incolumitas procuratur. Cod Th. lib. viii. tit. 8. de Executoribus. leg. 1. Die solis, qui dudum faustus habetur, neminem Christianum ab exactoribus volumus conveniri; contra eos, qui id facere ausi sint, hoc nostri statuti interdicto periculum sancientes. This is repeated, Cod. Th. lib. xi. tit. 7. de Exactionibus. leg. 10. Ibid. Executor. leg. iii. Solis die, quem dominicum rite dixere majores, omnium omnino litium, negotiorum, conventionum quiescat intentio: debitum publicum privatum ve nullus efflagitet: ne apud ipsos quidem arbitros, vel in judiciis flagitatos, vel sponte delectos, ulla sit agnitio jurgiorum. Et non modo notabilis, verum etiam sacrilegus judicetur, qui a sanctæ religionis instituto rituve deflexerit. This law is also repeated, Cod. Th. lib. xi. tit. 7. de Exactionibus. leg. 13. |