The footnote is one page 223
"Lex Constantini a. 321 (Cod. Just. l. iii., Tit. 12, 3): Imperator Constantinus Aug. Helpidio: “Omnes judices, urbanaeque
plebes et cunctarum artium officia venerabili die Solis quiescant. Ruri tamen positi agrorum culturae libere licenterque inserviant,
quoniam frequenter evenit, ut non aptius alio die frumenta sulcis aut vineae scrobibus mandentur, ne occasione momenti pereat
commoditas coelesti provisione concessa. Dat. Non. Mart. Crispo ii. et Constantino ii. Coss.” In English: “On the venerable Day
of the Sun let the magistrates and people residing in cities rest, and let all workshops be closed. In the country, however, persons
engaged in agriculture may freely and lawfully continue their pursuits; because it often happens that another day is not so suitable
for grain-sowing or for vine-planting; lest by neglecting the proper moment for such operations the bounty of heaven should be
lost. (Given the 7th day of March, Crispus and Constantinebeing consuls each of them for the second time.)” The prohibition of
military exercises is mentioned by Eusebius, Vita Const. IV. 19, 20, and seems to refer to a somewhat later period. In this point
Constantinewas in advance of modern Christian princes, who prefer Sunday for parades."
http://www.documentacatholicaomnia....d_Post-Nicene_Christianity_AD_311-600,_EN.pdf
"17. Legal Sanction of Sunday.
7. The civil sanction of the observance of Sunday and other festivals of the church.
The state, indeed, should not and cannot enforce this observance upon any one, but may
undoubtedly and should prohibit the public disturbance and profanation of the Christian Sabbath,
and protect the Christians in their right and duty of its proper observance. Constantine in 321 forbade
the sitting of courts and all secular labor in towns on “the venerable day of the sun,” as he expresses
himself, perhaps with reference at once to the sun-god, Apollo, and to Christ, the true Sun of
righteousness; to his pagan and his Christian subjects. But he distinctly permitted the culture of
farms and vineyards in the country, because frequently this could be attended to on no other day
so well;166 though one would suppose that the hard-working peasantry were the very ones who most
needed the day of rest. Soon afterward, in June, 321, he allowed the manumission of slaves on
Sunday;167 as this, being an act of benevolence, was different from ordinary business, and might
be altogether appropriate to the day of resurrection and redemption. According to Eusebius,
Constantine also prohibited all military exercises on Sunday, and at the same time enjoined the
observance of Friday in memory of the death of Christ.168
Nay, he went so far, in well-meaning but mistaken zeal, as to require of his soldiers, even
the pagan ones, the positive observance of Sunday, by pronouncing at a signal the following prayer,
which they mechanically learned: “Thee alone we acknowledge as God; thee we confess as king;
to thee we call as our helper; from thee we have received victories; through thee we have conquered
enemies. Thee we thank for good received; from thee we hope for good to come. Thee we all most
humbly beseech to keep our Constantine and his God-fearing sons through long life healthy and
victorious.”169 Though this formula was held in a deistical generalness, yet the legal injunction of
it lay clearly beyond the province of the civil power, trespassed on the rights of conscience, and
unavoidably encouraged hypocrisy and empty formalism.
Later emperors declared the profanation of Sunday to be sacrilege, and prohibited also the
collecting of taxes and private debts (368 and 386), and even theatrical and circus performances,
on Sunday and the high festivals (386 and 425).170 But this interdiction of public amusements, on
which a council of Carthage (399 or 401) with reason insisted, was probably never rigidly enforced,
and was repeatedly supplanted by the opposite practice, which gradually prevailed all over Europe.171"
166 This exception is entirely unnoticed by many church histories, but stands in the same law of 321 in the Cod. Justin.
lib. iii. tit. 12, de feriis, l. 3: “Omnes judices, urbanaeque plebes, et cunctarum artium officia venerabili die Solis quiescant. Ruri
tamen positi agrorum culturae libere licenterque inserviant: quoniam frequenter evenit, ut non aptius alio die frumenta sulcis,
aut vineae scrobibus mandentur, ne occasione momenti pereat commoditas coelesti provisione concessa.” Such work was formerly
permitted, too, on the pagan feast days. Comp. Virgil. Georg. i. v. 268 sqq. Cato, De re rust. c. 2.
167 Cod. Theodos. lib. ii. tit. 8. l. 1: “Emancipandi et manumittendi die festo cuncti licentiam habeant, et super his rebus
actus non prohibeantur.”
168 Eus. Vit. Const. iv. 18-20. Comp. Sozom. i. 8. In our times military parades and theatrical exhibitions in Paris, Vienna,
Berlin, and other European cities are so frequent on no other day as on the Lord’s day! In France, political elections are usually
held on the Sabbath!
169 Eus. Vit. Const. l. iv. c. 20. The formulary was prescribed in the Latin language, as Eusebius says in c. 19. He is
speaking of the whole army (comp. c. 18), and it may presumed that many of the soldiers were heathen.
170 The second law against opening theatres on Sundays and festivals (a.d.425) in the Cod. Theodos. l. xv. tit. 7, I. 5, says
expressly: “Omni theatrorum atque circensium voluptate per universas urbes ... denegata, totae Christianorum ac fidelium mentes
Dei cultibus occupentur.”
171 As Chrysostom, at the end of the fourth century and the beginning of the fifth, often complains that the theatre is better
attended than the church; so down to this day the same is true in almost all the large cities on the continent of Europe. Only in
England and the United States, under the influence of Calvinism and Puritanism, are the theatres closed on Sunday
This is on pages 63-64 only phrases of a orginal text are given. It is mostly Philip Schaff's opinion.