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his Apostles by their traditions and ceremonies. Perhaps a little more candor would reveal a very large mote, if not an actual beam, in our own eyes.

PART II.

What has thus far been said on the subject of the Sabbath and on the observance of Sunday, presents but one side of the question; it shows us what is not the true Christian idea on the subject, but does not show what the positive duty of the Christian is. In order that the conclusions arrived at may not be misunderstood, it is proper to look for a moment at the other side of the question; for it is of great importance, both to ourselves and in reference to our influence upon others, that we should clearly settle in our own minds what are the proper duties of that day which even in Apostolic times, as we have seen, was called "the Lord's day." Paul said, "Let everyone be fully persuaded in his own mind" on this very point, intimating that we should have fixed convictions in relation to it.

What conclusion, then, ought we to form with regard to the mode in which Christians ought to keep the day? Are they, in view of what has been said, to disregard it altogether and make no distinction of days, as some did not in Paul's time? This by no means follows. It is true, as we have shown, that its observance is not imposed upon us as a Sabbath, by which is to be understood a day so sacred that no secular work or act whatever can be done, and no diversions can be indulged in on that day without sin. But without making it such a burden as this, so utterly inconsistent with the idea of

Christian liberty, we are nevertheless bound to regard with the greatest deference the practice of the early church and of common Christendom. We cannot cut ourselves loose from all ecclesiastical usages and order without repudiating the organized form of the Christian society. Whilst it is not only lawful, but a duty, to scrutinize the foundation of the observance, and to show, if such be the fact, that it is not by Divine command, but the result of the consentaneous act of the early Christians, and whilst we may properly reject the Judaical notions which have been attached to it by Puritanical zealots, utterly at war as they are with Christ's and Apostolic ideas, there still remain strong reasons why, as a Christian people, we should set the day apart for public worship, for rest from the toils and cares of ordinary life, and for purposes of social and festal enjoyment. Thus observed it is indeed a blessing, as well as the means of promoting civilization and Christianity. It is a most gladsome sight to the philanthropist, as well as the Christian, to see all people of every degree, the poor as well as the rich, cease from sordid and worldly occupations on one day of the week, and come forth, old and young, in clean and holiday attire, and with glad faces go together to the house of prayer and perform their devotions; and it is but a surly sort of piety that grudges to see them spend the balance of the day in harmless festivity and neighborly sociability. The Lord's day thus observed is a bright spot in human life. It elevates the moral character and susceptibilities; it humanizes, it civilizes, it refines. It teaches to think, it promotes social intercourse, it takes away the coarseness, the roughness, the rusticity of those who would otherwise be secluded from softening influences.

As a means of social elevation and progress, as well as of religious improvement, its influence cannot be adequately estimated. I yield the precedence to no champion of sabbatical ideas in imputing to the due observance of Sunday as a holyday, such as described, the most important part in the cultivation and support of virtue, intelligence and refinement and in the discouragement and suppression of vice.

To the sanctions and usages of the church must be added, in estimating the question of duty, the regulations on the subject which are made by the law of the land. These, at the present time, are generally in accord with the true character of the day. Whilst imposing no positive act to be done, the law simply requires the cessation of ordinary employments and of those diversions and practices which would disturb the peace and quiet of the day (so essential to the value and beauty of the institution), or which lead directly to the practice of vice. If the laws attempt more than this, they generally but express the unwise zeal of those who made them, and by being unnecessarily severe, defeat their own purpose.

That civil society has a right to enact wholesome laws on the subject is manifest both from the sayings of Christ and from the incalculable benefits which society derives from the institution. The sayings of Christ referred to are those which have been quoted in the first part of this essay: "It is lawful to do good on the Sabbath day;" "the Sabbath was made for man, and not man for the Sabbath;" "The Son of Man is Lord even of the Sabbath day." Applying the spirit of these remarks to the institution of Sunday, and they express all that I contend for on this subject.

The conclusion, therefore, is, that as an institution of the church and of civil society, we cannot afford to ignore as a duty the observance of Sunday, in the manner above described, not making it like the Jewish Sabbath, a burden upon our consciences and our liberty. Having performed the religious duties of the day, according to ancient Christian usage, we are free to enjoy social converse and harmless festivity, or the beauties of nature or art; and if imminent cause requires, we may rightfully do those things which are necessary to prevent the destruction or injury of life or property. To enjoin the contrary would be to put a strain upon the conscience which would result in greater harm than good.

The question has often been raised whether the observance of Sunday as a day of rest is a precept of the common law. In Hawkes' Grounds of the Laws of England (1657) is laid down this maxim: Dies Dominicus non est dies juridicus. The Sabbath day is no day for the law; as upon a Fine levied by Proclamations according to the statute of 4 H. 7, c. 24. If any of the proclamations be made on the Sabbath day, all the proclamations be erroneous, for the Justices must not sit upon that day, but it is a day exempted from such businesses by the common law, for the solemnity of it, to the extent that the people may apply themselves that day to the service of God. (5 Cru. Dig. 99.)

"No plea shall be holden quindenæ Pasche, because it is always the Sabbath, but shall be Crastino quindenæ Pasche. Fit. Nat., fo. 17 f.

168.

"Teste of Sci. Fa. upon Sunday is error. Dyer

"No sales upon a Sunday shall be said to be a
sale in market overt to alter the property. 12 E. 4.8.

"Ministerial acts are allowed, as to arrest or serve
process, otherwise peradventure they should not be
executed, and God forbid that things of necessity
should not be done on that day, for bonum est bene
facere die Sabbati."

"Dies Dominicus non est juridicus." Co. Lit. 135.
2 Saund 291. Wingate's Max. 5. Noys' Max. 2 (5th
Ed.) Exercising trade of butchers no offence at com.
mon law. I Stra. 702. Noy. 2 (Ed. 5). Finch's
Law, 3 b. No proceedings in a suit can be entered as
done on a Sunday without making all void. 2 Inst.
264. 3 Buv. 159.

(See further as to English Law on the subject, 11
Rep. 65. Finch L. 7; 1 Atk. 58; 1 T. R. 265; Com.
Dig. Temps (B. 3) 20 Vin. Abr. 61; 4 Bl. com. 65; 1
Hawk P. C. 11; 3 Burns Just. 106; Broom's Max.
21, 3 D. & L. 328, 330 Docd. Williamson vs. Roe, 3
D. & L. 328).

The question whether Christianity is part of the
common law is discussed by Mr. Jefferson in an
appendix to his reports, and rediscussed in a letter to
John Adams dated January 24, 1814 (Works, Vol.
VI, 302-305), and in a letter to Ed. Everett, Oct.
15, 1824 (Works, Vol. VII, 380-383); also, in Blakely's
"State Papers on Sunday Legislation," 127-141.

Mr. Jefferson says that all the dicta that Chris-
tianity is part of the common law take their origin
from an observation of Judge Prisot in a case in C. B.
34 H. 6, fo. 38, in which it was a question how far
the case (being up on a right of presentation) was
to be governed by the Eccl. Law, and he said: "To

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