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B03316 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. England and Wales. Parliament. 1661 (1661) Wing E923C; ESTC R207986 10,809 15

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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. Co●●●●…s Reader HIs Majesty having been ●●●●●●d by his Proclamation lately pu●●●●●… to declare his Royal pleasure concer●●●●●● 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 ●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 th●●●●●siness the firs●●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 th●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 f●●sh on certain dayes and times 〈◊〉 ALbeit the Kings Subj●●●● 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 ma●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 therein● 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 assemble●●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
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 Pun●shment of o●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 f●om flesh in L●nt F●ydayes Saturdayes 2. 3. Ed. 6. ●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 Reginę Elizabethę 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. C●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