Some years ago, a law-book which had belonged to Jonathan Trumbull, containing the early statutes of Connecticut, was in the possession of a Boston gentleman,[1] who informs us that at the end of the volume, in manuscript, were found reports of "Brother Jonathan's" adjudications of small cases which he tried as "justice of the peace." Among them was one where "His Majesty's tythingman" entered a complaint against Jona and Susan Smith for a "profanation of the Sabbath;" namely, "That on the —— day of —— during Divine Service on the Lord's Day they did smile." The culprits were adjudged to be guilty of the offence, and severally fined "five shillings and costs." This book was shown to the late Professor Agassiz, who examined it with great interest and then made the following remark: "I find here evidence of the difference between the Calvinism of Switzerland and the Calvinism of America. I was brought up in that faith. I went to meeting in the morning, I danced with the parson's daughter on the green in the afternoon, and I played whist with the parson in the evening."
[1] Edward Atkinson, Esq.
The legislature of Massachusetts in the year 1760 passed the following laws in relation to Sunday and to the proper observance of Saturday evening:—
"Whereas it is the Duty of all Perſons, upon the Lord's-Day carefully to apply themſelves publickly and privately to Religion and Piety, the Prophanation of the Lord's-Day is highly offenſive to Almighty God; of evil Example and tends to the Grief and Diſturbance of all pious and religiouſly diſpoſed persons.
Therefore that the Prophanation of the ſaid Day may be fully prevented: Be it further enacted, That no Perſon whatſoever ſhall keep open their Shops &c. &c.—do or exerciſe any Labour nor any Sport, Game Play or Recreation on the Lord's Day or any part thereof &c. &c. under penalties of not exceeding twenty ſhillings for every offence."
Travelling was also prohibited, and it was enacted,—
"That if any Perſon or Perſons ſhall be recreating, diſporting or unneceſſarily walking or loitering, or if any Perſons ſhall unneceſſarily aſſemble themſelves in any of the Streets, Lanes, Wharves, High-Ways, Commons, Fields, Paſtures or Orchards of any Town or Place within this Province upon the Lord's Day, or any Part thereof, every Perſon so offending ſhall forfeit and pay the ſum of five ſhillings and upon a ſecond Conviction bound for good behaviour,... If any Perſons being able of Body and not otherwiſe neceſſarily prevented ſhall for the ſpace of one Month together abſent themſelves from the Publick Worſhip of God on the Lord's Day, they ſhall forfeit and pay the ſum of ten ſhillings.
"And whereas many Perſons are of opinion that the Sabbath or Time of religious Reſt, begins on Saturday evening, therefore to prevent all unneceſſary Diſturbance of Perſons of ſuch Opinion, as well as to encourage in all others a due and ſeaſonable Preparation for the religious Duties of the Lord's Day: Be it further enacted, That no Perſon ſhall keep open any Shop, Ware-Houſe or Work-Houſe or hawk or ſell any Proviſions or Wares in Streets or Lanes of any Town or Diſtrict, or be preſent at any Concert of Muſick, Dancing or other Publick Diverſion on the Evening next preceding the Lord's-Day, on Pain of forfeiting ten Shillings for each Offence, &c."
Wardens were to be appointed in all the towns and districts to see that these laws were duly enforced. All existing laws on the Sabbath were at that time repealed, but some of the laws then passed are still in force.