This was a condition of things which worked a confusion of relations, and lent “doubtful aid to morality;” resting on “no principle of justice” or law, and creating a “species of judicial outlawry which ignored alike the principles of humanity and the analogies of the law.”

The provisions more particularly referred to in these Acts are those relating to travelling on the Lord’s day, found in the Statutes as follows:—­

“Whoever travels on the Lord’s day, except from necessity or charity, shall be punished by fine not exceeding ten dollars for each offence.”—­Pub.  Stat., Chap. 98, sect. 2.  It is an interesting and curious study to follow the changes made in the Sunday law, so called, with the accompanying judicial decisions, as one by one the hindrances to the attainment of simple justice by travellers injured on the Lord’s day have been swept away.

The Pilgrims brought many strange ideas with them to their new home, as we all well know, and we find these reflected in their statute books in the form of many “blue laws,” some of which may yet be found in changed garb in the form of constantly disregarded “dead letter” laws in our own Public Statutes.  Interesting as a general discussion of this subject is, as showing the character and purposes of the founders of the Republic, we can follow but one division of the Sunday law in its various forms since it was first framed by our “Puritan ancestors, who intended that the day should be not merely a day of rest from labor, but also a day devoted to public and private worship and to religious meditation and repose, undisturbed by secular cares or amusements,” and among whom were found some who thought death the only fit punishment for those who, as they considered it, “prophaned” the Lord’s day.

As early as 1636 it was enacted by the Court of the Plymouth Colony that, “Whereas, complaint is made of great abuses in sundry places of this Government of prophaning the Lord’s day by travellers, both horse and foot, by bearing of burdens, carrying of packs, etc., upon the Lord’s day to the great offence of the Godly welafected among us.  It is, therefore, enacted by the Court and the authoritie thereof that if any person or persons shall be found transgressing in any of the precincts of any township within this Government, he or they shall be forthwith apprehended by the Constable of such a town and fined twenty shillings, to the Collonie’s use, or else shall sit in the stocks four hours, except they can give a sufficient reason for theire soe doeing; but they that ‘soe transgresse’ must be apprehended on the Lord’s day and ’paye theire fine or sitt in the stockes as aforesaide’ on the second day thereafter.”  It seems, however, that in spite of the pious sentiments of the framers of the law it was not, or could not be enforced, for in 1662 it was further enacted that “This Court doth desire that the transgression of the foregoing order may be carefully looked into and p’r’vented if by any due course it may be.”