shall make the information and the other half to those which upon presentment without special information are before limited to have the whole forfeiture And that for the levying of every forfeiture growing by this estatute as well the said Lord Admiral of England Lord Warden of the Cinque Ports their Lieutenants and Judges as the said Justices Mayors Sheriffs Bayliffs and other head Officers within the limits of their Commissions or authorities have and shall have full power and authority to make such process as they shall think good by their discretions Provided alwayes that none information at the suit of any What Process shall be awarded against offendorâ— Within what time an information shall be made after the offence committed person concerning this Act shall be of any effect to put any person to answer or loss of forfeiture except the said information be commenced within half a year next after the offence done contrary to this Act nor that any information or presentment for the Queens Majesty her Heirs or Successors or for the Admiral Warden of the Cinque Ports Mayors or other Officers aforesaid be of any effect to put any person to any answer or loss of any forfeiture by vertue of this Act except the said information or presentment be within one year next after the offence done and committed contrary to this Act. Provided and be it likewise enacted that it shall be lawfull What diet each person must have upon his table on the Wednesday which shall have licence to eat flesh to any person or persons to have at his or their table upon every Wednesday being ordered by this estatute to be observed as a fish day one only usual competent dish of flesh of one kinde and no more so that he she or they have also served to the same table and meat at the same meal three full competent usual dishes of Sea-fish of sundry kinds eithefresh or salt and that without fraud or covin and so shall also order that the same fish be meet and seasonable and that it shall be eaten or spent in like manner as upon Fridayes or Saturdayes in like case are used And also such persons as have or hereafter shall have upon good and just consideration any lawfull licence to eat flesh upon any fish day except such persons as for sickness shall for the time be licenced by the Bishop of the Diocess or by their Curates or shall be licenced by reason of age or other impediment allowed heretofore by the Ecclesiastical laws of this Realm shall be bound by force of this Statute to have for every one dish of flesh served to be eaten at their table one usual dish of Sea-fish fresh or salt to belikewise served at the same table and to be eaten or spent without fraud or covin as the like kind is or shall be usually eaten or spent on Saturdayes And that these two Articles and clauses next above shall be taken and interpreted from time to time in the favour of expence of Sea-fish and that the offendor or offendors herein shall be punished in like manner as is ordered by this estatute for punishment of such as shall eat flesh upon Fridayes Saturdayes or other fish-dayes And because no manner of person shall mis-judge of the intent of this estatute limiting orders to eat fish and to forbear The intent of this statute touching eating of fish and forbearing of flesh eating of flesh but that the same is purposely intended and meant politickly for the increase of Fishermen and Marriners and repairing of Port Towns and Navigation and not for any superstition to be maintained in the choice of meats Be it enacted that whosoever shall by preaching teaching writing or open speech notifie that any eating of fish Spreaders of false news or forbearing of flesh mentioned in this Statute is of any necessity for the saving of the soul of man or that it is the service of God otherwise then as other politick Laws are and be that then such persons shall be punished as spreaders of fasle news are and ought to be This Act to continue and endure to the end of the next Parliament 3 Caroli Cap. 4. continued untill the end of the first session of the next Parliament THE punishment of such persons as are spreaders of false news by the Sta. 3. Ed. 1. 33. 2. Rich. 2. 5. 12. Rich. 2. 11. Which is to be kept in prison while they produce their authors and if the author be not to be found then they to be punished by the advice of the Council A Branch of the Statutes of Anno 35. Reginae Elizabethae Cap. 7. Entituled Several Statutes made in the raign of King Hen. 8. King Edw. 6. and Queen Eliz. revived and continued and certain other Statutes repealed c. IN which Statute among other things it is provided and enacted as followeth Provided also and be it enacted by the authority aforesaid A diminution of the penalties contained in the statute of 5. El. Cap. 5. for eating of flesh upon fish dayes that every person eating any flesh upon any fish dayes contrary to the form of the said Statute made for the maintenance of the Navy shall forfeit only twenty shillings or else suffer only one moneths close imprisonment without bail or mainprise And every person or persons within whose house any such offence shall be done and being privy or knowing thereof and not effectually publishing or disclosing the same to some publick officer having authority to punish the same for every such offence to forfeit only thirteen shillings four pence any thing in the said Statute contained to the contrary notwithstanding A Branch of the Statute of Anno 3. Caroli Cap. 4. Entituled Divers Statutes made perpetual others continued and some others repealed when corn may be transported c. IN which Statute among other things it is provided and enacted as followeth It seemeth by this Branch that Wednesday is not to be observed as a fish day And so much of an Act made in the fifth year of the raign of the late Queen Elizabeth Entituled An Act touching certain politick constitutions made for the maintenance of the Navy as is not repealed by any later Statute nor doth concern the eating of flesh or using of fish upon the Wednesday nor the transportation of herring or other Sea-fish nor freedom of Subsidy Custom or Tonnage for the same nor transportation of Corn nor the prohibiting the bringing into this Realm any Cod or Lings in Barrels or other Caskes together with all and every other additions explanations and alterations made thereunto or thereof or of any part thereof by any Statute or Statutes made since the making of the said last mentioned Act and in force the last day of the Session of Parliament that was in the 21. year of the raign of the late King James shall continue in force untill the end of the first Session of the next Parliament A Branch of the Statute made Anno decimo septimo Caroli Regis Entituled An Act for the further relief of his Majesties army and the Northern parts of the Kingdom IN which Statute among other things it is provided and enacted as followeth Provided and be it enacted by the authority aforesaid that the passing of this present Act or of any other Act or Acts or his Majesties Royal assent to them or any of them in this present Session of Parliament shall not be any determination of the said Session and that all Statutes and Acts of Parliament which have their continuance or were by an Act of Parliament made in the third year of the raign of his Majesty that now is Entituled An Act for the continuance and repeal of divers Statutes continued untill the end of the first Session of the next Parliament shall by vertue of this Act be adjudged ever since the Session of Parliament in the said third year to have been of such force and effect as the same were the last day of that Session and from thenceforth untill some other Act of Parliament be made touching the continuance or discontinuance of the said Statutes and Acts in the said Act of the third year of his Majesties raign continued as aforesaid FINIS
THE SEVERAL STATUTES In force for the observation of LENT And FISH-dayes at all other times Of the YEAR With full and ready notes in the margent Shewing the effect in brief Published by a well-wisher to peace for the information of all persons subject to the violation of the said Laws LONDON Printed by Robert White and are to be sold by him at his house in Warwick-Lane in Warwick-Court 1661. Coâ—â—â—â—…s Reader HIs Majesty having been â—â—â—â—â—â—d by his Proclamation lately puâ—â—â—â—â—… to declare his Royal pleasure concerâ—â—â—â—â—â— the observation of Lent and fish 〈◊〉 at all other times in the year the observation of which of late years hath not been practized By reason of which many persons are unacquainted with the Laws in those cases the knowledge of which is â—f general concernment unto all His Majesty in his said Proclamation having declared that offendors in this case shall be punished according to Law I have therefore collected together so much of all the several Statutes that are in force for the observation of the said dayes and time as concerns thâ—â—â—â—â—siness the firsâ—â—tatute you have wholly the others 〈◊〉 wholly but in part yet the whole as to this 〈◊〉 〈◊〉 further 〈◊〉 those that please may read the several 〈◊〉 at large that are here but in part in which thâ—se things ly intermixed amongst other things Knowing that all men have not the Statutes at large therefore for the information of such as have them not I have made this collection that they may be acquainted with the Laws in this case and avoid the penalties therein contained if any may be cautionated hereby so as to prevent their sufferings I shall be heartily glad as having the end answered for which I have taken upon me to publish the same Yours W. B. Anno secundo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Eating of fâ—â—sh on certain dayes and times 〈◊〉 ALbeit the Kings Subjâ—â—â—â— now having a more perfect and clear light of the Gospel and true Word of God through the infinite mercy and clemency of Almighty God by the hands of the Kings Majesty and his most noble Father of famous memory promulgate shewed declared and opened and thereby perceiving that one day or one meat of it self is not more holy more pure or more clean than another◠〈◊〉 that all dayes and all meats be of their nature of one 〈◊〉 purity 〈◊〉 〈◊〉 holiness and that all men should 〈◊〉 〈◊〉 live 〈◊〉 〈◊〉 of God and at all times and for all meats give 〈◊〉 〈◊〉 him of which meats none can defile Christian men or maâ—e them unclean at any time to whom all meats be lawful and pure so that they be not used in disobedience or vice Yet 〈◊〉 as divers of the Kings Subjects turning their knowledge thereinâ— to satisfie their sensuality where they should thereby increase in vertue have of late time more than in times past broken and contemned such abstinence which hath been used in this Realm upon the Frydayes and Saturdayes the Embring dayes and other dayes commonly called Vigils and in the come commonly called Lent and other accustomed times the Kings Majesty considering that due and godly abstinence is a mean to vertue and to subdue mens bodies to their soul and spirit and considering also that Fishers and men using the trade of living by fishing in the Sea may thereby the rather be set on work and that by eating of fish much flesh shall be saved and increased and also for divers other considerations and commodities of this Realm doth ordain and enact with the assent of the Lords spiritual and temporal and the Commons in this present Parliament assembleâ—â—nd by the authority of the same that all manner of Statutes Laws Constitutions and Usages concerning any manner of fasting or abstinence from any kinds of meats heretofore in this Realm made or used shall from the first day All Laws concerning fasting repealed of May next ensuing lose their force and strength and be void and of none effect The penalty for eating of flesh upon any day used commonly as a fish day St. 5. El. 5.27 El. 11. And also that no person or persons of what estate degree or condition he or they be shall at any time after the said first day of May in the year of our Lord God M D xlix willingly and wittingly eat any manner of flesh after what manner of kind or sort it shall be ordered dressed or used upon any Fryday or Saturday or the Embring dayes or in any day in the time commonly called Lent nor at any such other day as is or shall be at any time hereafter commonly accepted and reputed as a fish day within this Realm of England wherein it hath been commonly used for to eat fish and not flesh upon pain that every person eating any manner of flesh upon any of the said dayes or times prohibited by this Act to forfeit for the said first offence ten shillings of lawful money of England and also to suffer imprisonment by the space of ten dayes and during the time of his or her said imprisonment to abstain from eating of any manner of flesh The penalty for the second offence And if any person after he shall be lawfully convict of any offence contrary to this Act doth eftsoons offend contrary to this Act and be thereof lawfully convict that then every person so offending the second time shall for his second offence forfeit twenty shillings of lawful money of England and also suffer imprisonment by the space of twenty dayes and during the time of his or her said imprisonment to abstain from eating of any manner of flesh and so like pain and imprisonment as often as he or she afterwards shall offend Just of G. delivery and P. shall determine these offences And furthermore it is ordained and enacted by the authority aforesaid that Justices of Goal delivery and Justices of peace in all and singular Counties Cities Towns corporate and other places within this Realm of England and other the Kings Dominions shall have full power and authority to enquire hear and determine all and all manner offences that shall be committed or done contrary to this Act in like manner and form as they may enquire hear and determine any trespass or other offence against the Kings peace committed or done within the limits or place where they then shall be Justices of Goal delivery or Justices of peace And the moity of every such forfeiture shall be extreated into the Court of the Exchequer in like manner and form as fines for any trespass or other offence committed against the Kings peace ought or should be extreated and the other moity of the said forfeiture shall be to him that will sue for the same by bill plaint information or otherwise in any of the Kings Courts of record in which no essoin protection or wager of law shall be allowed To what persons this Statute shall not extend Provided alwayes and be it
not effectually publishing or disclosing the same to some publick Officer having authority to punish the same for every such offence to forfeit forty shillings All which forfeitures for not abstaining from meats shall be divided into three equal parts That is one part to the use of the Queens Majesty her Heirs or Successors the other part to the Informer the third to the common use of the Parish where the offence is or shall be committed and to be levied by the Churchwardens after any conviction in that behalf Provided alwayes and be it enacted that this Act nor any thing herein contained concerning eating of flesh shall in any wise extend to any person or persons that shall hereafter have any special licence upon causes to be contained in the same licence and to be granted according to the laws of this Realm in such cases provided All and every which said licence and licences shall be void to all intents unless the same contain the conditions hereafter How much every person shall pay for his licence mentioned That is to say every licence made to any person or persons being of the degree of a Lord of Parliament or of their wives shall be upon condition that every such person so to be licenced shall pay to the poor mens box within the Parish where they shall dwell or remain in the Feast of the purification of the blessed Virgin Mary or within six dayes after the same Feast six and twenty shillings and eight pence the same to be paid within one moneth next after the same Feast upon pain of forfeiture of every such licence And every licence to any person of the degree of a Knight or a Knights wife shall be upon condition that every such person so licenced shall pay yearly thirteen shillings and four pence to the use aforesaid and in form afore-mentioned And every licence to any person or persons being under the degrees above said shall be upon condition that every such person so licenced shall pay yearly six shillings and eight pence to the said use and in form afore-mentioned Provided alwayes that no licence shall extend to the eating of any Beef at any time of the year nor to the eating of any Veal in any year from the Feast of St. Michael the Archangel unto the first day of May. Provided also that all persons which by reason of notorious Licences in times of sickness sickness shall be enforced for recovery of health to eat flesh for the time of their sickness shall be sufficiently licenced by the Bishop of the Diocess or by the Parson Vicar or Curate of the Parish where such person shall be sick or of one of the next Parish adjoyning if the said Parson Vicar or Curate of his or their own Parish be wilfull or if there be no Curate within the same Parish Which licence shall be made in writing signed with the hand of the Bishop of the Diocess or of the Parson Vicar or Curate and not endure longer than the time of the sickness And that if the sickness shall continue above the space of eight dayes after such licence granted then the licence shall be registred in the Church book with the knowledge of one of the Churchwardens and the party licenced shall give to the Curate four pence for the entry thereof and that licence to endure no longer but only for the time of his her or their sickness And if any licence by any Parson Vicar or Curate be granted to any person or persons other then such as evidently appear to have need thereof by reason of their sickness The licences granted to any persons before the making of this act shall extend to the Wednesdayes not only every such licence shall be void but also every such Parson Vicar or Curate shall forfeit for every such licence otherwise granted five marks Provided also and be it enacted that all licences heretofore granted to any subject of this Realm by any of the late Kings or by the late Queen Mary or by the Queens Majesty now being or by any Archbishop of this Realm having authority so to do shall be of as good force in Law for the Wednesday now limited and other accustomed fish dayes as they were before the making of this Act for the said other accustomed fish dayes so as the parties licenced do hereafter observe all such conditions as be limited in this estatute to such as shall hereafter obtain any licences And such persons also as heretofore were or ought to be licenced by reason of age or other impediment or cause by Licences by 〈◊〉 Law Ecclesiastical order of the Ecclesiastical Laws shall enjoy the same priviledge and accustomed licences Any thing in this Act to the contrary hereof in any wise notwithstanding And if any person or persons shall be presented before the said Judges Justices or Officers within the limits of their authorities or any information given to them of any offendor of this Act that then they shall have full power and authority upon any such presentment or information to make process against the offendors of this Act like as is commonly used upon indictments of trespass And if any be presented and afterward be convicted by confession or otherwise that then every such person shall suffer no less forfeiture or punishment then herein is before limited all which forfeitures to be levied in manner and form following That is to say such forfeitures concerning eating of flesh as are before limited to certain uses to be to the same uses in that behalf before expressed and all such forfeitures as according to the tenour of the Act shall be determinable before the said Judges Justices or other Officers of the Admiralties aforesaid or before Commissioners of Oyer and Terminer in that behalf shall be to the use of the Lord Admiral of England or Lord Warden of the Cinque Ports where such Who shall have the benefit of all 〈◊〉 forfeitures aforesaid offence shall be presented or whereas the jurisdiction of the cause shall appertain And all such forfeitures as according to the tenour of this Act shall be determinable before Majors Sheriffs Bayliffs or other head Officers of Cities or Towns corporate shall be to the common use of the Corporation of the said City or Town corporate where such offences shall be presented or whereas the jurisdiction of the cause shall appertain And all such forfeitures as according to the tenour of this Act shall be determinable before the Justices of the Peace shall be to the use of the Queens Majesty her Heirs and Successors And if any person shall be convict by confession or otherwise upon any information made by any person or persons against any offendor or offendors of this Act in any cause save for the eating of flesh first before specially limited that then every such person so convict upon any information shall loose such forfeiture as is before limited the one half to such as
ordained and enacted by the authority aforesaid that this Act or any thing therein contained shall not in any wise extend to any person or persons that heretofore hath or hereafter shall have obtained any licence of our Soveraign Lord the King his Heirs or Successors nor to any person being in great age and in debility and weakness thereby nor to any person being sick or notably hurt without fraud or covin during the time of his or her said sickness nor to any woman being with child or lying in child-bed for eating of such one kind of flesh as she shall have great lust unto nor to any person being in prison for any other offence than for any offence contrary to this Act neither to any that is or hereafter shall be the Kings Highness Lieutenant Deputy or Captain of any his Majesties Army Hold or Fortress but the same themselves may eat flesh and licence and permit their souldiers to do the same in times prohibited upon the want and lack of other kind of victual neither shall extend to St. Laurence even St. Marks day or any other day or even being abrogate neither to any Saint Laurence even and St. Marks day such as heretofore have obtained any licence in due form of the Archbishop of Canterbury And further be it enacted by authority aforesaid that all Archbishops Bishops Archdeacons and their Officers or the Officers of any of them shall have power to enquire of the offendors in the premisses and present the same to such from time to time as by vertue of this Act have authority to hear and determine the same Provided alwayes and be it enacted that no manner of person or persons be impeached molested or troubled or Within what time the offendor shall be indicted shall incur any pain penalty or forfeiture for any offence contrary to the Act before rehearsed committed or done except he or they be accused convented or indicted of and for the said offence according to the tenour of this Statute within three moneths next after the committing of the said offence 5. 6. Ed. 6. 3. Anno quinto sexto Edwardi sexti CAP. III. Which shall be Fasting dayes AND it is also enacted by the authority aforesaid That Which dayes shall be commanded and kept fasting dayes every even or day next going before any of the foresaid dayes of the Feasts of the Nativity of our Lord of Easter of the Ascension of our Lord Pentecost of the Purification and the Annunciation of the aforesaid blessed Virgin of All Saints and of all the said Feasts of the Apostles other than of St. John the Evangelist and Philip and Jacob shall be fasted and commanded to be kept and observed and that none other even or day shall be commanded to be fasted And it is enacted by the authority abovesaid that it shall Punâ—shment of oâ—fendors by the Ecclesiastical Law be lawful to all Archbishops and Bishops in their Diocesses and to all other having Ecclesiastical or Spiritual jurisdiction to enquire of every person that shall offend in the premisses and to punish every such offendor by the Censurers of the Church and to enjoyn him or them such penance as shall be to the Spiritual Judge by his direction thought meet and convenient Provided alwayes that this Act or any thing therein contained shall not extend to abrogate or take away the abstinence Abstinence fâ—om flesh in Lâ—nt Fâ—ydayes Saturdayes 2. 3. Ed. 6. â—9 from flesh in Lent or on Frydayes and Saturdayes or any other day which is already appointed so to be kept by vertue of an Act made and provided in the third year of the raign of our Soveraign Lord the Kings Majesty that now is saving only of those evens or dayes whereof the holy day next following is abrogated by this Statute any thing above-mentioned to the contrary in any wise notwithstanding Provided also and it is enacted by the authority aforesaid When the Saturday shall be fasted in stead of the Sunday that when and so often as it shall chance any of the said Feasts the evens whereof be by this Statute commanded to be observed and kept fasting day to fall upon the Munday that then as it hath alwayes been heretofore accustomably used so hereafter the Saturday then next going before any such Feast or Holy day and not the Sunday shall be commanded to be fasted for the even of any such Feast or Holy day any thing in this Statute before mentioned or declared to the contrary in any wise notwithstanding Provided alwayes and it is enacted by the authority aforesaid In what cases some persons may labour upon the holy day that it shall be lawful to every Husbandman Labourer Fisherman and to all and every other person and persons of what estate degree or condition he or they be upon the Holy dayes aforesaid in Harvest or at any other times in the year when necessity shall require to labour ride fish or work any kind of work at their free wills and pleasure any thing in this Act to the contrary in any wise notwithstanding Anno quinto ReginÄ™ ElizabethÄ™ CAP. V. Constitutions for the maintenance of the Navy c. BE it further enacted that from the Feast of Saint Every Wednesday shall be fish day Exp. St. 27. El. 11. St. 3. Câ—r 4. Michael the Archangel in the year of our Lord God M D lxiv. every Wednesday in every week throughout the whole year which heretofore hath not by the laws or customs of this Realm been used and observed as a fish day and which shall not happen to fall in Christmas week or Easter week shall be hereafter observed and kept as the Saturdayes in every week be or ought to be And that no manner of person shall eat any flesh on the same day otherwise then ought to be upon the common Saturday And be it further enacted by the authority aforesaid for All fish dayes shall be observed the benefit and commodity of this Realm to grow as well in maintenance of the Navy as in sparing and increase of flesh victual of this Realm that from and after the Feast of Pentecost next coming it shall not be lawful to any person or persons within this Realm to eat any flesh upon any dayes now usually observed as fish dayes or upon any Wednesday now newly limited to be observed as fish day upon pain that every person so offending herein shall forfeit three pound for every time he or they shall offend or else suffer three moneths Forfeiture of three pound or three moneths close imprisonment for eating of flesh upon dayes prohibited Alt. 35. El. 7. Forfeiture of the housholder where flesh is eaten How the forfeiture shall be bestowed A proviso for them which have licences to eat flesh close imprisonment without bail or mainprise And every person or persons within whose house any such offence shall be done and being privy or knowing thereof and