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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
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