they made no fcruple to spend it in idlenefs and unlawful pleafures, as dancing and revelling (17). For which the Prophets themfelves had frequently threatened them with divine vengeance (18). Theodofius the Elder in 386, forbad even Pagans to be gratified on the Lord's day with any gymnastic exercife of gladiators in the theatre, any public iports, any ftage play, any horfe race in the circus, or hunting or fighting of wild beafts (19). His grandfon Theodofius the Younger extends the prohibition of thefe diversions to the other great feftivals of the year, as Chriftmafs, Epiphany, Lent, and Eafter; enjoining both Jews and Gentiles over all the world fo far to fhew refpect to thefe days (19), nor would he allow any exception to be made in honour of the Emperor's birth-day, or the anniversary of his acceffions to the throne, if it fhould fall on a Sunday or other feftival, adding that no greater honour can be paid to the Imperial Majefty on earth than by fhewing a juft veneration to the Majefty of Almighty God in heaven (d). Leo and Anthemius published a like prohibition of all ftage-entertainments and fhews on thefe days, commanding, that if the Emperor's birth-day happened to fall on any of them, it fhould be deferred. And they ordered that whoever tranfgreffed this law either by exhibiting these games or fhews, or by being prefent at them as a fpectator, fhould forfeit his office, if he enjoyed any, and be punished with confiscation of his whole eftate. Thefe laws were made at the follicitation of the pastors of the church, who were no less careful on their fide to guard the fervice of this day from the en

(17) S. Aug. En. in Pf. 91. Prudentius, Apotheofis verf. ccccxxi. Rufin in Ofc. xi. 11. S. Chryfoft. hom. 1. de Lazaro. Theodoret. qu. 32, in Levit. & in Phil. 3. 19. & in Amos. vi. 3. Cyril. Alex, in Amós. vi. 3.

(18) Ifa. v. 12. Amos. vi. 3.

(19) Cod. Theod. 1. xv. tit. 5. de Spectaculis Leg. 2. The fame was again forbid by a joint law of Valentinian II. Theodofius and Arcadius in 389. cod. 1. iii. tit. 12. de Feriis. 1. vii, omnes Dies.

(d) Dominic. & Natal. atque Ephiphan. Chrifti, Pafcha etiam, &Quinquagefima Diebus omni Theatrorum atque circenfium volup tate per univerfas Urbes earumdem populis denegata tota Chriftianorum mentes Dei cultibus occupentur.

Theodofius junior (Cod. Theodos. ib. de Spectaculis leg. 5. p. 353). He adds of the Jews and Pagans: "Let them know that times of de❝votion are not to be confounded with or converted into feafons of "pleasure. Nor let any man think himself obliged in honour of our "Imperial Majefty, to neglect the facred bufinefs and religion of the "day, and apply himself to thofe public diverfions; for let him not

" doubt

croachment of vain pastimes, and especially of diverfions which are in themselves dangerous and criminal, and which

"doubt, that we look upon ourselves as then beft ferved and honoured, "when the excellence of the Omnipotent God, and his mercies to all, are devoutly celebrated." ib. In the latter Greek empire the fubftance of these laws is copied in the Bafilicon (1. vii. tit. 17. de Diebus feriatis \. xxiii. & xxvii.) These laws have been always rigorously obferved wherever the imperial law was in force. The toleration of fuch diverfion in fome other places is an infufferable abuse and scandal, the toleration of which nothing but abfolute neceffity from dangers of greater evil can excufe in legiflators and magiftrates, and no pretence can juftify those who exhibit or frequent them on thefe days. What the first Chriftian Emperours, by the advice of the most holy and learned amongst the ancient Fathers, thought they could not tolerate in Jews and Heathens, Christians cannot presume to allow amongst themfelves.

The ancient Franks had no relish for the entertainments of the stage: indeed they understood not the Greek or Latin compofitions of this kind, nor had any thing of that kind in the Teutonick. The theatres were deftroyed by the Franks in their first conqueft in Gaul at Mentz, Triers, Cologne, Lyons, &c. and never rebuilt by them, as we learn from the learned Salvian of Marfeilles in 443, (de Gubern. Dei. p.144.) who afcribes the deftruction of thefe cities to a juft Providence in punishing their incorrigible voluptuoufnefs and crimes of which the ftage was proof. The diverfions of the ftage were abolished in like manner by the Vifigoths in Spain. The first or old Roman province in Gaul, or Southern Gaul fell under the power of the Franks by degrees, and rather by fubmiffion than by the ravages of war. Hence the diverfions of the theatres were continued fome time at Marseilles and Arles, and were severely inveighed against by S. Cæfarius in his fermons, as S. Cyprian of Toulon informs us in his life. Actors were excommunicated by the first council of Arles in 314, and again by the second in 452. Theodoric difcountenanced thefe diverfions by law in Italy, as appears by Ennodius's Apologetic (p. 356), yet tolerated them in fome degree by neceffity, and against his will, as appears from the fine maxims he lays down on this head, in his letters (apud Caffiodor. 1. iii. ep. 51. 1. i. ep. 31.) In the Eaftern empire the ftage fubfifted till its deftruction, especially at Antioch and Constantinople; but always the object of the feverest cenfures of all zealous paftors. Nor was it ever tolerated there on Sundays or holy-days. Nicephorus, patriarch of Conftantinople, in the beginning of the ninth century, and Pope Nicholas [. in his Answers to the Confultations of the Bulgarians, in 866 (c. 12. and 44.) order that no fuch diverfion be tolerated, particularly on Sundays or in Lent. Photius, in his Nomocanon, in the ninth; Balfamon, patriarch of Antioch, Zonaras and Ariftenes, able cancnifts in the 12th century, repeat this inviolable maxim and law both of the church and state. In France, England, and Spain, no wonder we find no laws framed on this head, fince all plays were banished. However, during this interval, Childebert I. in France, forbad even on the preceding evening of days devoted to religion, namely, Sundays, the feafts of Chriftmafs, Eafter, &c. all drinking, finging, revellings, and mobbish dancings in the streets, which with great indignation he calls offences of God, and facrilegious impiety; commanding any person that

fhould

the church detested and forbad at all times. (20) The council of Carthage in 425 presented a petition to Theodofius the

(20) See this famous law retained in the Juftinian Code, (Cod. i. l. 3. tit. 12. de Feriis. 1. vii. dies Feftos.)

fhould be guilty of fuch a profanation, if of fervile condition, to be punished with 100 lathes; if a freeman, or a perfon of quality, feverely, at the discretion of the judge. (Baluz. T. 1. p. 7, and 8. Labbe, Con. T. v. p. 810, 811.) He again forbad morrice-dancers to go about on Sundays. Charlemagne, with labour and worldly business prohibits on thefe days hunting, and all sports of that nature. (Capitul. I. i. c. 19. &c. Baluz. T. i. p. 240. and 716.) His fon Lewis Debonnaire forbad all vain and idle converfation, finging and dancing on Sundays (Capitul. I. vi. c. 205. Baluz. T. i. p. 958.) In England Canut forbad by law all hunting on the Lord's day, (c. xv.) which anciently no one could have thought of reconciling with the festival. The council of Oenham, in 1009, compofed of the Bishops and chief nobility, with King Ethelred at their head, had before enacted this a law of the state, according to the canons of the church, and its conftant doctrine and practice. Poetry being revived in France under Charlemagne, fingers and musicians introduced by degrees various arts of amufing the mob with little fhews and farces, accompanying grotefque fongs and mufic, in the streets and private houses, with various postures, antic tricks, jocular and ridiculous gesticulations. These we find often mentioned in writers of that period, and from these arose buffoons, which in the tenth century were introduced into courts, and generally entertained there. See John of Salisbury (De Nugis Curialium. 1. i. c. 8.) &c. Of thefe we are to understand Mezeray, when he commends Philip Auguftus for expelling comedians and jugglers his court: and when he mentions the fame of S. Lewis, who would only have at court one finger, who entertained him fometimes with nothing but finging pious fongs and pfalms. Poets were very numerous in Provence and at Avignon, whither they came from Italy in the 13th century. Some of these took it into their heads to reprefent upon ftages or fcaffolds pious fcripture hiftories; which they first introduced at Paris in the beginning of the 14th century. (See Maire. Paris Ancienne et Nouv. T. ii. p. 503.) Boileau calls thefe a ruftic company of pilgrims, who first fet up the ftage at Paris. They had been at Paris a very few years, when, in 1541, under Francis the firft, the parliament forbad fuch pious reprefentations, by which, under the mark of devotion, holy things were often profaned and religion disgraced. See fuch Reprefentations of the Hiftory of the Fall of Adam, the Incarnation and Suffering of Chrift, &c. used among the friars of Coventry, &c. in Stephen's Monafticon, Heaine, &c. Inftruction and edification were the motives alledged. But it is not eafy not to border upon buffoonery, which on fuch adorable myfteries is akin to blafphemy. From the time of Francis I. profane reprefentations, &c. began to be revived in France; but it was only in the voluptuous court of Henry III. that regular comedians were fet up in order to flatter the paffions of debauched perfons. See Le Brun, (Tr. des Jeux de Theatre, p. 214, &c. and Mezeray, Anno 1557.) We therefore cannot wonder that laws and canons were not at that time framed in France against an evil then unknown in that kingdom. The diverfions of buffoons and jugglers were often

forbid

Younger, that the law made by Gratian against public fhews might be enforced. Accordingly that prince renewed

forbid to be tolerated in church-yards, or on the eves of feftivals before churches and feveral councils forbad clergymen to be spectators at their dances, &c. as the council of Worcester, in 1240, that of Buda in 1279, thofe of Cologne, in 1280, of Nifmes, in 1284, of Bayonne, in 1300, of Paris, in 1515, &c. Such amufements were particularly forbid on festivals. See the councils of Cologne, in 1536, of Chartres, in 1538, of Cambray, in 1550. church always feverely forbad them, especially on Sundays and feftiWhenever plays were fet on foot, the vals; in France we fee this in the Statutes of the General Affembly of the Clergy at Melon, in 1579, in the councils of Bourges, in 1584, of Avignon, in 1594, of Rheims, in 1583, of Tours, in 1585, &c. See alfo Cardinal Camus's Ordonnances Synodales, where he fhews them to be condemned by the church, particularly on feftivals, and in Advent and Lent. The councils of Spain, quoted for this purpose by Cardinal d'Aguire, and the learned Canonift Gonzales. S. Charles Borromeo defred that the magistrates should abolish entirely all ftageentertainments; and he exerted his zeal with extraordinary vigour, that at least fo crying a profanation of holy days, and of the facred feafons of Advent and Lent might be utterly extirpated. See his Life, his firft Provincial Council, p. i. tit. 12, &c. Amongft Proteftants, it is well known how fome feemed to reduce the whole religion to a Pharifaical obfervance of the Sabbath, confifting in outward forms and a Jewish fuperftitious reft; which many abused by the molt fcandalous hypocrify, affectation, and pride, to the destruction of all fincere humility, devotion and religion, as is proved by remarkable inftances in Dr. Barnard's Life of Dr. Peter Heylin, &c. This affected fcrupulofity in keeping a more than Jewish Sabbath made up a main point of that puritanic fanaticism, which raised fo great broils and kindled the grand rebellion in England. Charles I. in the first year of his reign, in 1625, paffed "An Act for punishing Abufes committed on the Lord's Day," in which it is forbid to hold or be prefent at bear-baiting or any fuch paftimes upon the Lord's Day or any meetings out of the perfon's own parish, for any fports or paftimes whatever, on pain of forfeiting three hillings and four-pence, or of being fet in the ftocks for three hours. And another A&t, in his 3d and 17th year, in which it is forbid for any carrier, waggoner, butcher, or drover, to travel on the Lord's Day, upon the forfeiture of twenty fhillings: laws ftill in force. Yet in 1633, he hy a declaration renewed the law of his father James I. enaЯed in 1618, allowing lawful recreations on the Lord's Day, without impediment of the divine fervice, and when people had firft done their duty to God. In the fame year, 1633, Archbishop Laud declared wakes and church-ales might be tolerated on the feafts of the Dedication of Churches on Sundays. The declaration of James I. had been well received, and was judged feasonable and popular: but this of Charles I. was looked upon as irreligious and profane. The Archbishop and King were both cenfured by the Puritans. Many others thought a legal declaration of that nature might be made an occafion and encouragement of abufes. To enumerate the different opinions of Proteftant writers on the Sabbath or Lord's Day, would be a task both tedious and of no utility or importance. It is fufficient to obferve, that they all difagree in their fentiments in many effential points, and many fall into

:

oppofite

the edict and commanded the circufes and theatres to be shut up on the Lord's Day, and great feftivals. The 4th council of Carthage about the year 401 orders thofe to be excommunicated, who neglecting the folemn worship of God on this or other facred times, fhould fpend the day in plays, or fuch like diversions.

СНАР.

oppofite extremes; great numbers, both in Germany and England, have confidently advanced that the precept itself of keeping the Sabbath, or the Lord's Day, is barely ceremonial or ecclefiaftical, not a moral law.

Gaming, and other fuch public fcandalous crimes are particularly forbid on Sunday by many exprefs canons, and from the profanation of the Holy Time contract an aggravating malice of facrilege. [Synodus Lingon &c. apud Nat. Alex. p. 506. cap. and confideret. de Penit. c. 5. Lyran. in Exod. 20. Alex. Alens. &c.] The modern amusement of cards was no fooner introduced than branded in fome councils as not agreeable to the fanctification of festivals, especially when followed in public affemblies, or for any long time or before the whole divine office is finished. Thus the council of Cracow in 1573, and that of Petricow in 1578, ordain, that "there should be no meetings at the tavern, "no drinking-matches, dice, cards, conforts of mufic, dancing, or "any fuch pastime, especially at the time when all ought to be at "church." Cards in all games of hazard, are highly criminal: in other games unprofitable and dangerous, and easily creating a paffion and attachment, especially if continued any confiderable time. Not only games of hazard, but all deep plays at cards, which always proceeds from and nourishes a criminal avarice, is in itself at all times finful and scandalous, and on Sundays a profanation of the festival. Moreover all playing at cards at least for any confiderable time, is a bewitching diffipation of the mind, has a tendency to ftupify the fenses, indifpofes the foul for fpiritual exercises, alienates the mind from a serious application to God, and his worship, and renders it unfit for devotional duties. Therefore to país a confiderable part of the day at cards is contrary to the end and fpirit of this precept, which is the fanctification of our fouls by an application to exercifes of piety and devotion. It is a tranfgreffion of the precept itself, if it be fo practifed as to fall under public fports or diverfions condemned by many canons. That forbidden sports may be allowed on Sundays after the public duties of religion have been complied with, is a falfe plea; for the whole day being devoted by God to his fervice, no one can pretend that the precept of fanctifying ceases to oblige when in the evening the churchoffice even of the afternoon is all over, and has been attended; though suitable diversion may be then more freely indulged for some short interval, as it does not tend to withdraw any from the public fervice. Continence in the married state being anciently prefcribed on feftivals and fasting-days, we cannot wonder that fome churches forbad marriages to be folemnized on any Sunday; though this prohibition is now abolished. Egbert, Archbishop of York, made this canon, "Let no"thing else be done on the Lord's Day, but to attend on God in hymns "and pfalms and fpiritual canticles. Whoever maries on the Sunday, let him do penance for feven days."