194 CIVIL FOWEtt ÌN TIIINfIi SACRED. of these days sltòuld be appointed by the state for some civil purposes ; as for instance, if in a Heathen or a Turkish govern- ment the people should be required to appear ata public market, or at a court of justice for witnesses or jury-men, or for a public taxation, or for exercise of the militia on a Saturday or Sunday, surely I think the state couldnot be censured and made criminal for appointing such a (lay for these purposes, unless they did it on purpose to distress any of their subjects*. But what must a Jew or a Christian do in such a case ? Or what penalties may the stateenact for the neglect of obedience to this law ? I answer in the first place, X. Answer I. That if the thing required be an action really and plainly necessary for the present and immediate welfare and preservation of the state or country, the Jew or the chris- tian might innocentlycomply with the call of the state in a chris- tianOr in a Jewish country, and then it is certainly lawful to do the same in Turkey ; as for instance, the repelling of an inva. sion, the stopping of a general inundation, the quenching of fire, and the preservation of lives from imminent destruction. Thisis allowed on all hands, aid is not esteemed a criminal pro- fanation of sacred time. XI. Answer II. But if the scrupulous subjects see no such necessity in the case, for the preservation of the state or thewel- fare and lives of men, or if the state command such actions as may be really necessary in themselves ; but which are not neces- sary at that particular time, and which intheir opinion would criminally profane the days that the Jews or christians call holy; then it seemsproper and necessary that the Jew should preserve his Saturday as well as the christianhis Sunday sacred for rest and divine worship, as preferring obedience to God rather' than nice: And I thinkhe must consequently submit to such penalties as the state thinks necessary for the public welfare. I see not how this can be avoided. The state must be the judge. XII. The state therefore in such cases, as I said before, might to enjoin no other penalty for such neglects, than a wise and tender father would impose upon a child who loves and honours him, when he is constrained to neglect some part of his father'scommands in order to, obey God and hisconscience : And the penalty or forfeit of each man for neglect in such a case must necessarily be small, when it is measured by and adjusted to the at 1 think the state could not be made criminal for appointing such a day for civil affairs, which some or other of their subjects may count sacred, unless they did it on purpose to distress their people, because there may be seven religions profetsed amongall the numerous inhabitants of a land, and each of these may claim a distinct day of the week as sacred : What, must these civil affairs then have no one day appointed for the transaction of them, because every day that could he named would interfere with the profession or pretences of some sect er other.
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