milk before nine of the clock in the morning, or after five in the afternoon. Provided also, that no person shall be impeached, presented or molested for any offense before mentioned in this act unless he, or they, be prosecuted for the same within ten days after within ten the offense committed.

Prosecution must be

days.

And be it further enacted, that all persons who are found drinking and tippling in ale-houses, taverns, or other public house or place on the first day of the week, commonly called Sunday, or any part thereof, shall for every offense forfeit and pay one. shilling and sixpence to any constable that shall demand the same, to the use of the poor; and all constables are hereby empowered, and by virtue of their office, required to search public houses and places suspected to entertain such tipplers, and then, when found, quietly to disperse; but in case of refusal, to bring the persons so refusing before the next justice of the peace, who may commit such offenders to the stocks, and bind them to their good behaviour, as to stocks. him shall seem requisite.1

be molested or prejudiced for his or her conscientious persuasion, nor shall he or she be at any time compelled to frequent or maintain any religious worship, place or ministry whatsoever, contrary to his or her mind, but shall freely and fully enjoy his or her Christian liberty in all respects, without molestation or interruption." 'Laws of Pennsylvania, 1700-1714," page 32.

This was an evident attempt at a declaration for religious liberty; but it fell far short of the ideal. It required a religious profession, and the Sunday law, enacted the same day, the observance of a religious institution, and for religious ends.

1 Here we have a good illustration of some of the evils of Sunday legislation. The earlier part of the law made honest labor and business on Sunday a crime. This virtually put a premium upon idleness, and made it compulsory. Idleness promotes drunkenness and crime. So additional legislation was required to suppress the evils engendered by the first. The inquisitional spirit was also encouraged by this law. The constable was ordered to search public houses for tipplers on this day, but not on other days. The same evils still cling to Sunday legislation.

May commit to

One evil creates

another.

Act of Oct. 22, 1695.

Profanation of day a scandal to Christian faith.

Three hours in the stocks.

To keep day holy:

NEW YORK.

AN ACT AGAINST THE PROFANATION OF THE LORD'S DAY,
CALLED SUNDAY.1

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 many other unlawful exercises and pastimes upon the Lord's day, to the great scandal of the holy Christian faith: 2

Be it therefore enacted . . . That there shall be no travelling, 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.

1" Laws of New York, from 1691 to 1751," pages 22, 23.

2 The reason for prohibiting labor, pastimes, drinking, and the like on Sunday, is here plainly stated. It is not because men need physical rest one day in seven, but because the true and sincere service and worship of God, according to his holy will and commandments, is often profaned and neglected by many, . . . to the great scandal of the holy Christian faith." The law was made to prevent the doing of things on Sunday which were considered perfectly right and proper on other days of the week, and to punish those who do not keep holy the Lord's day." The present Sunday laws of New York are but relics of this.

NEW HAMPSHIRE.

AN ACT FOR THE BETTER OBSERVATION AND KEEPING THE LORD'S

DAY.1

That all and every person and persons whatsoever, Act of July 19, shall on that day carefully apply themselves to duties 1700. of religion and piety, publicly and privately: 2 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

Three hours in cage

to satisfy such fine, to cause him to be put in the cage, or set in the stocks, not exceeding three hours. or stocks.

GEORGIA.

AN ACT FOR PUNISHING VICE, PROFANESS, AND IMMORALITY,
AND FOR KEEPING HOLY THE LORD'S DAY,
COMMONLY CALLED SUNDAY."

Act of

1762.

Whereas there is nothing more acceptable to God than the true and sincere worship and service, ac- March 4, cording 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

1" New Hampshire Acts and Laws, 1696-1715," pages 7, 8.

2 Like the law of Charles II, 1676, this law required all to "apply themselves to duties of religion and piety," both "publicly and privately." Its religious character is too apparent to need comment.

3" Acts of General Assembly of Georgia, 1755-1770," pages 215

Religious duties required.

Work forbidden.

Traveling prohibited.

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 Sterling. 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 necessity 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 whatsoever, 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, Inquisito 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

rial work required of officers.

of this act;
and all persons whatsoever are
strictly commanded and required to be aiding and
assisting to any constables, or other officers, in their
execution 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.1

Two hours in the stocks.

NORTH CAROLINA.

AN ACT FOR KEEPING HOLY THE LORD'S DAY, COMMONLY
CALLED SUNDAY.2

.

Whereas in well-regulated governments effectual care is always taken that the day set apart for public worship be observed and kept holy; and, to suppress vice and immorality, 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,

3

1 The Sunday law of South Carolina, passed December 12, 1712, was almost identical with this law; the model, in fact, it would seem, after which this was copied. See "Laws of the Province of South Carolina," Trott's edition, pages 230-234. South Carolina, however, had an earlier Sunday law, passed October 15, 1692, which was later repealed, and appears not now to be in existence.

2" Revisal of Acts of Assembly of North Carolina, 1773," page 68.

3 There can be no question as to the religious character and object of this act. These are plainly stated. But, aside from the preamble, the present Sunday law of North Carolina differs little from this old colonial law. See page 616, section 2826. How then can it be denied that the present law is religious? Both call Sunday the Lord's day," and prohibit "labor" and work at ordinary callings," "hunting, fishing or fowling," "gar. sport, or play," and the like, on that day.