The Bay State Monthly — Volume 2, No. 4, January, 1885Various
History
The Bay State Monthly — Volume 2, No. 4, January, 1885
Various
Massachusetts -- Periodicals; New England -- Periodicals
In the Massachusetts Bay Province it was early enacted that "no
traveller ... shall travel on the Lord's day ... except by some
adversity they are belated and forced to lodge in the woods, wilderness,
or highways the night before, and then only to the next inn," under a
penalty of twenty shillings.
In 1727 it was found that notwithstanding the many good and wholesome
laws made to prevent the "prophanation of the Lord's day," this same
"prophanation" was on the increase, and so it was enacted that the
penalty for the first offense should be thirty shillings, and for the
second, three pounds, while the offender, presumably a "foraignor," was
to be put under a bond to observe the Sabbath day and keep it holy
according to the ideas of the straight-laced Puritans.
Even this did not put an end to the good fathers' troubles, for in 1760,
"whereas, by reason of different constructions of the several laws now
in force relating to the observation of the Lord's day or Christain
Sabbath, the said laws have not been duly executed, and notwithstanding
the pious intention of the legislators, the Lord's Day hath been greatly
and frequently prophaned" all the laws relating to the observance
thereof were repealed and a new chapter enacted, one section of which,
and the only one in which we are now interested, was the same as the law
of 1727, above quoted.
Thirty-one years later all these laws were again erased from the statute
book and a new attempt was made to frame a law which should leave no
loop-holes for foraignors or others, as follows: "Whereas the observance
of the Lord's day is highly promotive of the welfare of a community by
affording necessary seasons for relaxation from labor and the cares of
business; for moral reflections and conversation on the duties of life,
and the frequent errors of human conduct; for public and private worship
of the Maker, Governor, and Judge of the world; and for those acts of
charity which support and adorn a Christian society. Be it enacted that
no person shall travel on the Lord's day except from _necessity_ or
_charity_, upon penalty of a sum not exceeding twenty shillings and not
less than ten." Notice what an interesting and moral tone is given to
the otherwise dry statute book by these sermonizing preambles which
reflect so well the motives and aims of the men who moulded and formed
the statute laws of the Commonwealth.
In this act appears for the first time that "charity" which since then
has truly "covered a multitude of sins," while it has as often been a
strong tower of defence to corporations clearly shown to have been
careless of their obligations to the public. One of the first cases to
arise in which these words "necessity or charity" must be judicially
construed was Commonwealth vs. James Knox, 6 Mass., 76.
Public-domain text, read in full here on John Shaqi.
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