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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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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
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 offendor● 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