H.B. Clark: [§320] Originally the Christians - most of whom at first were Jews - observed the Sabbath in accordance with Mosaic law, (Footnote 45) and they also observed Sunday, or the first day of the week, in honor of the resurrection of Christ (46). But it appears that when the Jews as a whole had rejected Christianity - which was then "taken" to the "gentiles" - when the number of non-Jewish Christians had greatly increased, Sunday became the more prominent day (47) and eventually the observance of the seventh day by Christians as entirely discontinued. (48)
"By common consent Sunday is a day set apart for cessation from all secular employment by the Christian world. It is among the first and most sacred institutions of that religion. Viewed merely from a legal standpoint, it is a day of rest. Sunday legislation is more than 15 centuries old. It originated in Rome, A.D. 321, when Constantine the Great passed an edict commanding all judges and inhabitants of cities to rest on the venerable day of the Sun." (49)
The observance of Sunday as the Sabbath - the application of the commandments concerning the Sabbath to the first instead of the seventh day of the week - does not accord with the letter of Mosaic law, (50) nor is such observance commanded in the New Testament, (1) but it is generally thought to satisfy the spirit of the law, (2) as requiring the observance of one day in seven - a rule founded in experience and sustained by science. (3)
Sunday laws were passed at an early day in England and they became the pattern of similar laws in America.(4) In these laws, Sunday is regarded merely as a civil day, which is a convenient one for the suspension of business because of its general observance as a holy day by most of the people.(5)
Footnotes:
45 Jesus kept the Sabbath, See Luke 4:16.31
And so did the Apostles. See Acts 13:14-26, 16:11,13, 17:2,3,
18:1,11
45 "The cessation from all secular employment on Sunday is one of the earliest observances of the Christian world," People v Mantel (1929) 134 NY Misc Rep 529, 236 NYS 122 (Turk,J), stating further that "Sunday means a Calendar day, which consists of 24 hours, and commences and ends at midnight."
In the New Testament, the first day of the week is mentioned in Matt. 28:1 Mark 16:1,2,9; Luke 24:1; John 20.1,19; Acts 20:6-8; 1 Cor. 16:1,2
The Sabbath is mentioned in Matt. 12::1,5,8,10,11,12; 24:20; 28:1; Mark 1:21; 2:23,24,27,28; 3:2,4; 6:2; 15:42; 16:1; Luke 4:16,31; 6:1,2,5,6,7,9; 13:10,14,15,16; 14:1,3,5; 23:54,56; John 5:9,10,16,18; 7:22,23; 9:14,16; 19:31; Acts 1:12; 13:14, 87,42,44; 15:21; 16:13; 17:2; 18:4
47 Sunday, as the name implies, was a pagan day, sacred to the sun god and derived from the Mithraic religion. It had been observed by the Greeks, Romans, and others who were converted to Christianity and who had not been accustomed to observance of the Mosaic Sabbath. That the resurrection had occurred on Sunday, and that the non-Jewish Christians had previously regarded it as a sacred day, doubtless seemed sufficient reasons for transferring the Sabbath to Sunday, which has since been almost universally ob- served.
48 By the fourth century Sunday observance was required by church law, and the Emperor Constantine confirmed it by law of the state.
49 People v Ramsay (1926) 128 (NY) Misc Rep 39 217 NYS 799 (Heffernan,J) ; People v Mantel (1929) 134 (NY) Misc Rep 529, 236 NYS 122 (Turk,J)
Sunday laws are not based on the Fourth Commandment. 46 Va. St. Bar Proceedings (1934) 199 (Hunter)
50 See supra §42, [it is not often permissible when interpreting a law either to add to or take away from the words thereof.]
1 There is no record of Sunday being appointed as a Sabbath nor of any sacredness being attached to it.
2 See supra §42, [The basic rule for interpretation and construction is to find the intent of the lawmaker in the whole law, considered in the light of the circumstances under which it was made and the purpose it was intended to serve, and to give proper effect to that intent, though this may result in a departure from the literal meaning of the words used.]
3 Ex parte Newman (1858) 9 Cal. 502, 520 (Field,J,dissenting) saying "There is no nation, possessing any degree of civilization, where the rule is not observed, either from the sanctions of law or the sanctions of religion."
If it were now to be decided as to whether the seventh or the first day should be observed as the weekly sabbath, there could scarcely be doubt as to the required answer [- the seventh day]. But the almost uniform practice of Christian peoples for more than sixteen centuries cannot be lightly ignored. It must be presumed that the early Christians, in observing the first rather than the seventh day, were actuated by some reason or reasons which to them seemed good and sufficient, if only to distinguish themselves from the Jews and afford some public evidence that Christianity was not merely a new Jewish sect.
4 People v Ramsey (1928) 128 (NY) Misc Rep 39, 217 NYS 799 (Heffernan,J)
"Sunday laws are enacted, so that we, and all others, may have the benefit of rest and quiet, and an opportunity for worship, and religious reading and meditation, at least one day out of seven." 42 Wash. L.Rep, (1914) 770 (Bernard)
5 Under American Constitutions, the law may not enforce religious observances. But a state may establish a day of rest as a civil Institution. Donahoe v Richards (1854) 38 Me. 379, 61 AD 258, 273 (Appleton,J)
from H. B. Clark of Alameda, California, "Biblical Law: Being a text of the statutes, ordinances, and judgments established in the Holy Bible - with many allusions to secular laws: ancient, medieval and modern - documented to the Scriptures, judicial decisions and legal literature." Portland, Oregon: Binfords & Mort, 1943
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