Treatise Against the Profanation of the Lords Day, Chapter 9
CHAP, IX. Howe the Lord's day is to bee obſerved, and what workes are permiſſible, or not permiſsible, thereon: And ſpeciallie, That the Salmond-fiſhing thereon is no wayes permiſsible, or lawfull.
NExt to the former motiues for obſervation of the Lord's daye, wee are to conſider, how it is to bee obſerved: which is firſt, By CESSATION (as hath beene ſhowne) from all ſervile and laborious worke, intended onelie for gayne. And therefore in EXODVS this Ceſſation was appoynted both in Seed-tyme,Exod. 34.21 and in Harveſt. Next: Becauſe to reſt onlie from our ordinarie worke, were to keepe the Lord's daye rather lyke a Beaſt, than a Chriſtian. Therefore wee muſt knowe, That this Ceſſation is commanded, (as Auguſtine ſayeth) Vt paratiores & promptiores ſimus ad Divinum Cultum: that is, That wee may bee the more readie and fit for GOD'S holie Worſhip. And labour, or working thereon, is therefore forbidden; becauſe of impeding, or with-drawing thereby of men from the Lord's Worſhip. No action, then, is to bee done of that ſort, but ſuch as whereby wee eyther bleſſe GOD, or looke therein to receaue a Bleſſing from GOD. Seeing, therefore, the Salmond-fiſhing, vponupon the Lord's daye, is a ſervile and toylſome worke, intended onlie for gayne, and that thereby ſuch a number of ſoules are hindered, and withdrawne, from the Lord's Worſhip; Howe dare people doe ſuch a thing vponupon that bleſſed daye, wherevpon they can neyther looke vp to GOD, to ſeeke a Bleſſing to their vſe, or expect a Bleſſing from His Hand? But rather maye juſtlie feare a Curſe heere, and Condemnation heere-after.
But yee will ſaye; Is no worke to bee done vponupon the Lord's Daye? I anſwere; There are three ſorts of workes not onelie permiſſible, but lawfull, vponupon the Lord's daye: which are, Pietatis, Charitatis, & Neceſsitatis: Of Pietie, towardes God; of Charitie, towardes our Neyghbour; and of Neceſſitie, towardes our ſelues.
Firſt, then, Workes of Pietie, are to be done vponupon the Lord's day, which eyther directlie concerne God's Worſhip, (tho performed by bodilie worke) as the preaching of the Goſpell nowe, and other Miniſteriall paynes, vponupon the Lord's daye; and the Prieſtes vnderunder the Lawe, their killing and dreſsing the Sacrifices on the Iewiſh Sabbath, burning them on the Altar: concerning whom our Saviour ſayde, that the Priestes brake the Sabbath, Matth. 12.5.and yet were blameleſſe: To wit, They brake it, in ſo farre as they reſted not thereon, or, Quoad quietē; but not in regard of the commandement of halowing the ſame, or, Quoad praeceptum. For, ſuch workes are not forbidden by that Precept, whereby wee ſerue GOD onelie: or elſe they are ſuch workes of Pietie, as indirectlie concerne GOD'S Worſhip, whereby the people are aſſembled to divine Worſhip: as the blowing of Trumpets vnderunder the Lawe, and ringing of Belles nowe vnderunder the Goſpell. The holie ende of all which workes, doeth ſanctifie the ſame, as the Temple did the Golde; or the Altar, the Gift thereon.
And, vponupon the peoples part who aſſemble together, their preparing of themſelues duely, traveling to their Pariſh-Churches diligentlie, hearing the Word attentiuelie, praying and prayſing GOD devotelie, and inſtructing their Families religiouſlie. All theſe, and the lyke, are the workes of Pietie, which becommeth the LORD'S daye ſuteablie.
Next; Workes of Charitie, 1. Cor. 16.are to be done vponupon the LORD'S Day: and therefore the Apoſtle appoynted, That the Collection for the Poore, (as is vſuall amongſt vsus) ſhould bee on that daye. In lyke manner,Marke 3.4. Our Saviour declareth, That the lyfe eyther of Man or Beaſt, ought to bee preſerved vponupon the Sabbath daye;Matth. 12.1.11. eyther by delivering the ſame from danger, or by neceſſarie ſupport of Foode, or the lyke. The viſiting alſo of the Sicke,Marke 2.28. relieving the Poore, curing the diſeaſed, and ſuch lyke, are the workes of Charitie, ſuteable for the LORD'S daye: For I will hauehave MercieMercy, ſayeth the Lord, rather than Sacrifice.
Laſt; Workes of Neceſsitie, may bee performed vponupon the LORD'S daye, which are not for wordlie gayne, or acquiſition, by ſervile toyle, and labour of thinges to bee ours, which before the employment in the ſayde ſervile labour, were not ours, (as the Salmond-Fiſhing is) but which are for neceſſarie preſervrtion, in evident and imminent danger, of that which is in our poſſeſſion, and wee hauehave right vntounto alreadie:Epist. Decret. l. 2. c. 3. as to drawe our Oxe out of the myre, beeing readie to drowne; to flit our Cornes out of the lowe Valleyes, when by inundation of neare adjoyning Waters, they are in evident danger to bee carried away: to quench, in lyke manner, houſes that are on fyre, & ſuch like. Therefore, beſide our owne men, ſo alſo ſayeth SVAREZ; Cauſa generalis inducens excuſationē, Suarez. lib. …. de dicb. fest. tom. 1. c. 32.eſt neceſsitas imminens quae praeveniri non potuit: that is, The generall cauſe which importeth an excuſe, is an imminent neceſsitie onlie, which could not bee prevented.
In lyke manner, for ſome Callings to exerciſe the practiſe thereof; as Phyſicians, in Pleuriſies, to let blood; Chyrurgians, to paunſe, and applye Cures; Mid-wyues, to helpe Women in travell; Mariners, to governe their Shippes on the Seas, &c. all which are for preſervation of lyues. Souldiours alſo, if they bee aſſaulted vponupon the LORD'S Day, to defende themſelues, and fight; as we reade the MACHABEES did,1. Machab. 2.41. when they were ſet vponupon, on the Sabbath Daye: to entrinch and fortifie themſelues, alſo, vponupon the approach of the Enemie; ſtell their Pieces, cut Bridges, or doe the lyke: all which is lawfull; Becauſe, (as SVAREZ ſayeth) Neceſsitas Reipublicae, & conſervationis ſuae hoc exigit. Suarez. loco quo ſupra.And the Lawe is, Quod non eſt licitum in Lege, neceſsitas facit licitum: that is; The neceſsitie of the Common-wealth, and of their owne preſervation, requyreth this: and what is not lawfull in lawe, neceſsitie maketh lawfull otherwiſe.
Some actions, alſo, which tende not to the preſervation of liues, in evident danger otherwyſe, but to the preſervation alſo of ſuch thinges as tende to the neceſſitie of lyfe, and good of the whole Common-wealth, beeing in imminent and evident danger otherwyſe, are lawfull, and thought permiſſible vponupon the LORD'S Daye; As the keeping of Cole-heughes dry, which might otherwyſe fill with water, and periſh, to the detriment of a whole Countrey: The ſloaking, or quenching, of Moſſes, that hauehave taken fyre in droughtie weather; and are in perill to bee conſumed themſelues, and to conſume the Cornes neare vntounto them: both which are workes of neceſſitie: not for acquiſition of new gayne, (for Servants work not in Cole-heughes on the LORD'S Daye, nor in Peat-moſſes) but for preſervation of that which is ours alreadie, beeing in evident danger; and the loſſe whereof would import great prejudice to the Common-wealth, and whole Countrey.
As for keeping in of fyre onelie, in Glaſſe-Fornaces, (but not making anie Glaſſes on the LORD'S DAY) and alſo in Salt-pannes, it is accounted, by ſundrie, a neceſſarie preſervation onlie: neyther is it a toylſome worke, nor Labor multorum, to avocate manie from divine Worſhip. And of ſuch SVAREZ ſayeth this is the Rule: Quando inchoatum opus non potest intermitti ſine diſpendio perſonae & Communitatis in die Feſto, Suarez. lib. 2 de Feſt. dicb. cap. 32.licitum putatur: that is; When a begun worke can not be left off, without the hurt of the perſon, and of a whole Communitie, ſuch a worke is thought lawfull vponupon the Holie Day.
But of Salmond-Fiſhing vponupon the LORD'S DAY, hee ſayeth expreſſlie; Piſcatio in die Feſto propter lucrum, lib. 2. de feſt. dies, cap. 19. pag. 209.eſt opus ſervile, & prohibitum: that is, But fiſhing for gayne vponupon the Holie Day, is a ſervile worke, and altogether forbidden.
Neyther can it bee anie wayes accounted a worke of Neceſſitie:
1. Beeing onelie for making worldlie gayne, and acquiſition by ſervile and laborious toyle, of thinges to bee theirs, which before the employment in the ſayde ſervile worke, was not theirs.
2. If the pretence of making gayne, or acquyring, were a neceſſitie on the LORD'S DAY, then no Aartizane, (eſpeciallie of the poerer ſort) but might alleadge alſo his working on the LORD'S DAY, to bee a worke of neceſſitie. And thoſe, in lyke manner, who are Whyte-Fiſhers, might juſtlie alleadge their Fiſhing on the LORD'S DAY, to bee a worke of neceſſiitie, becauſe of their povertie, for the moſte parte; and, That they hauehave not always Fiſhing-weather on the Sea; and, What they ſlipped that daye, they would not attayne agayne. Others, lykewyſe, might pretende, Their ſeverall neceſſities: and, ſo, in ende, caſt all Religion looſe.
3. But the trueth is; Without anie neceſſitie, it hindereth, and with-draweth, men from a worke, which is, indeede, of the greateſt neceſſicie that can bee; which is, The Worſhip of GOD, and, Salvation of their owne Soules. So that I may ſay juſtlie, in the wordes of the PROPHET IEREMIE,Ierem. 2.34 That In their Skirts is found the verie Blood of the Soules of men: Which cannot but crye lowder agaynſt them, than the blood of ABELL did agaynſt CAIN. And which beeing bought by ſo precious a pryce, as the Blood of the Sonne of GOD, What may they expect, as their judgement, who make their gayne thereby, and their Houſes an Aceldama, or a Field of Blood?