The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-15
Sunday Contracts is Not
invalid.
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the legislation of the States of this
Union. The Saxon laws, under Inc
(about A. ID. 1000. forbade working
on Sunday, but under Alfred CA. d.
5000, and Athelstane CA. d. 924) the
prohlhioon was merely against mar
hetihg on Sunday, and there seems to
nave been no statute against Working
on Sunday (whatever the church may
have enioined) until the above cited
statute % Car ii, C. Z. G67S). the
hrSt part OF which is almost verbatim
our statute (Code, s. 3782). See 4 Blk.
com. 60. Indeed, it appears from
the records Of Merton College, oxford
that at its manor of Ibstone. in the
latter part of the thirteenth century
contracts with laborers provided for
cessation from work on Saturdays and
holidays, but it was stipulated that
work should be done in regular course
on Sunday Thorold Rogers, work
and Wages" C. !. Indeed. it seems
that this was usual in England till the
TINE of the Commonwealth and the
rise of the PuritanS TO power but the
change was not enacted into law till
the above cited statute of Charles III in
1878. The first Sunday law in this
country was enacted in Virginia in
1917 UhTee years before the landing
at Plymouth), and punished Il failure
IL
fire payable in tobacco. This was re-
enacted in 1923. Hennings Statutes
at Large Va. 1619-1660, vol. /, p. 1913.
Plymouth Colony, (Records, vol IL,
p. PAD made it punishable by impris-
onment in the stocks to go to sleep in
church; and on June TO- 1850, the
same colony made it punishable by
whipping to do ANY servile work or
any such ike abuse on the Lords
Day. 80 any sin committed with al
high hand, as the gathering of sticks
on the Sabbath Day, may be punish
ed with death, when a lesser punish
ment might serve for gathering sticks
nriviiy and in need" Records of
Massachusetts Bay, vol. ., p. 90. Pub
licity did not then have the virtue at
tributed to it as now, but the reverse.
Hutchinson's History of Massachu-
sets, vol. 1, p. $50, says: "DiVers 9TH
er offences were made capital, viz,
profaning the Lords Day in a care
less or scornful neglect or contempt
thereof Numbers IS, 30-36)." The
New Haven Colony Records, 1853
1855, %. sos, contain a similar provi-
sion that profaning the Lords Day
by sinful SerNile work or unlawful
sport. recreation or otherwise, whether
willfully or IN a careless neglect shall
he duly punished by fine, imprison-
ment. or corporally, according to the
nature and measure of such sin and
offense"; providing further that, if
the sin was proudly, presumptuously
and with a high hand committed,
such person shall be put to death
Or May 10, 1868, after the union of
New Haven and Connecticut in one
colony, unnecessary travel or playing
or Sunday, or keeping out of the
meeting house. was made punishable
bv Imprisonment in the stocks; adding
"The Constables in the several planta-
tons are hereby required to make
search for all offenders against this
law and make return thereof" Col
onial Records of Connecticut. 1866
1867, D. So. Similar laws, but of less
severity We're enacted in some other
provinces. While the statutes of the
several states still differ on the sub
ject of Sunday legislation, all of
these enactments are now based upon
the police power, that some rest may
be guaranteed to the workers, and to