« PreviousContinue »
FAIRS AND MARKETS.
27 Henry 6, CAP. 5.—Certain days wherein fairs and markets ought not to be kept.-Item, considering the abominable injuries and offences done to Almighty God, and to his saints, always aiders and singular assisters in our necessities, because of fairs and markets upon their high and principal feasts, as in the feast of the Ascension of our Lord, in the day of Corpus Christi, in the day of Whitsunday, in Trinity Sunday, with other Sundays, and also in the high feast of the Assumption of our blessed lady, the day of All Saints, and on Good Friday, accustomably and miserably holden and used in the realm of England; in which principal and festival days, for great earthly covetise, the people is more willingly vexed, and in bodily labor foiled, than in other ferial days, as in fastening and making their booths and stalls, bearing and carrying, lifting and placing their wares outward and homeward, as though they did nothing remember the horrible defiling of their souls in buying and selling, with many deceitful lies, and false perjury, with drunkenness and strifes, and so specially withdrawing themselves and their servants from divine service; the foresaid lord the king, by the advice and assent of the lords spiritual and temporal, and the commons of this realm of England, being in the said parliament, and by authority of the same parliament, hath ordained, that all manner of fairs and markets The penalty in the said principal feasts and Sundays, and Good Friday, shall Shathokee who clearly cease from all shewing of any goods or merchandizes (neces- fairs or marsary victual only except) upon pain of forfeiture of all the goods days. aforesaid, so shewed, to the lord of the franchise or liberty where such goods, contrary to this ordinance, be or shall be shewed (the four Sundays in harvest except.) Nevertheless, of his special grace, by authority aforesaid, granteth to them power, which of old time had no day to hold their fair or market but only upon the festival days aforesaid, to hold by the same authority and strength of his old grant, within three days next before the said feasts, or next after, proclamation first made to the simple common people, upon which day the aforesaid fair shall be holden, always to be certified, without any fine or fee to be taken to the king's use; and they which of old tirne have, by special grant, sufficient days before the feasts aforesaid, or after, shall in like manner as is aforesaid, hold their fairs and markets the full number of their days, the said festival days and Sundays, and Good Fridays, except.
II. Provided always, that this present ordinance shall begin to take effect at the feast of Saint Michael, next coming, and not before, and shall endure until the next parliament, and so forth, except in the said parliament a reasonable cause be alleged, shewed, and proved, for the which it shall seem not expedient that the foresaid ordinance so shall endure.
FARMS HELD BY SPIRITUAL PERSONS.
of the de
21 HENRY 8, CAP. 13, Secs. 1–8, 30, 32, 34, 35.—Spiritual persons abridged from having pluralities of livings, and from taking of farms, fc.--See Title—“PLURALITIES.
41 GEORGE 3, CAP. 102.-An act to stay, until the twenty-fifth day of March one thousand eight hundred and two, proceedings in actions under the statute of king Henry the eighth, for abridging spiritual persons from having pluralities of livings, and from taking of
farms. Whereas many of the provisions of an act made in the 21 4.8, c. 13. twenty-first year of the reign of his majesty king Henry the eighth,
intituled, spiritual persons abridged from having pluralities of livings, and from taking of farms, et cetera, have been found inconvenient, and have given occasion to many vexatious prosecutions, which it is
expedient to prevent the further proceeding in at present; may it Proceedings therefore please your majesty that it may be enacted; and be it in actions already com
enacted by the king's most excellent majesty, by and with the advice menced, or and consent of the lords spiritual and temporal, and commons, in which shall
this present parliament assembled, and by the authority of the same, menced, for that, from and after the passing of this act, it shall and may be underrecited lawful for the defendant in any action already commenced, or which act, shall, on shall be commenced, for any penalty under the said act, previous to
the twenty-fifth day of March one thousand eight hundred and two, fendants, be stayed till to apply to the court in which such action shall be brought, during March 25, the sitting of such court, or to any judge of such court during vaca1802.
tion, for stay of proceedings in such action: and such court and such judge respectively are hereby required to stay such proceedings accordingly, until the said twenty-fifth day of March.
42 GEORGE 3, CAP. 30.-An act to continue, until the twenty-fifth
day of July one thousand eight hundred and two, an act made in the 41G.3,(U.K.)
last session of parliament, intituled, an act to stay, until the twentyfifth day of March one thousand eight hundred and two, proceedings in actions under the statute of king Henry the eighth, for abridging spiritual persons from having pluralities of livings, and from taking of farms.
43 GEORGE 3, CAP. 84.-An act to amend the laws relating to spiritual persons holding of farms; and for enforcing the residence of spiritual persons on their benefices in England.—See Title—“ResiDENCE OF SPIRITUAL PERSONS, ENGLAND."
43 GEORGE 3, CAP. 109.-An act to rectify a mistake in an act, made in this present session of parliament, intituled, an act to amend the laws relating to spiritual persons holding of farms; and for enforcing the residence of spiritual persons on their benefices in England ; and to remove a doubt respecting the title of the statute of the twenty-first year of king Henry the eighth therein mentioned. See Title—“RESIDENCE OF SPIRITUAL PERSONS, ENGLAND."
2 & 3 EDWARD 6, Cap. 19.-An act touching abstinence from flesh in Lent and other usual times.-Albeit the king's subjects now EXP.. having a more perfect and clear light of the gospel and true word flesh on cerof God, through the infinite mercy and clemency of Almighty God, tain days and by the hands of the king's majesty, and his most noble father of bidden. famous memory, promulgate, shewed, declared and opened, and 5&6 1.6, c. 3. thereby perceiving that one day or one kind of meat of itself is not more holy, more pure, or more clean than another, for that all days and all meats be of their nature of one equal purity, cleanness and holiness, and that all men should by them live to the glory of God, and at all times and for all meats give thanks unto him, of which meats none can defile christian men or make them unclean at any time, to whom all meats be lawful and pure, so that they be not used in disobedience or vice : yet forasmuch as divers of the king's subjects, turning their knowledge therein to satisfy their sensuality, where they should thereby increase in virtue, have of late time more than in times past broken and contemned such abstinence, which hath been used in this realm upon the Fridays and Saturdays, the embring days, and other days, commonly called vigils, and in the Embring time commonly called Lent, and other accustomed times: the king's days, Lent. majesty considering that due and godly abstinence is a mean to virtue, and to subdue mens' bodies to their soul and spirit, and considering also specially 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 assembled, and by the authority of the same, that all manner of statutes, laws, All lawconconstitutions and usages, concerning any manner of fasting or absti- cerning fist. nence from any kinds of meats heretofore in this realm made or used, The penalty shall from the first day of May next ensuing lose their force and flesh upon strength, and be void and of none effect, &c.
any day used
commonly as a fish-day. 27 El. c. 11. Altered as to the penalty. 5 El. c. 5, s. 15, and 35 El. c. 7, s. 22. The penalty for the second offence. Justices of gaol delivery and peace shall determine these offences. 'ro what persons this statute shall not extend. St. Laurence Even, and St. Mark's Day. Within what time the offender shall be indicted. The rest of the act is OBS. the laws appointing fish-days
being expired. 5 & 6 EDWARD 6, CAP. 3.-An act for the keeping holidays and fasting days.-Forasmuch as at all times men be not so mindful to which days laud and praise God, so ready to resort and hear God's holy word, year shall be and to come to the holy communion and other laudable rites, which holy-days; are to be observed in every christian congregation, as their bounden shall be fastduty doth require : therefore to call men to remembrance of their ing-days. duty, and to help their infirmity, it hath been wholesomely provided, not on the that there should be some certain times and days appointed, wherein the christian should cease from all other kind of labors, and should
days than other.
apply themselves only and wholly unto the aforesaid holy works, properly pertaining unto true religion; that is, to hear, to learn and to remember Almighty God's great benefits, his manifold mercies, his inestimable gracious goodness, so plenteously poured upon all his creatures, and that of his infinite and unspeakable goodness, without any man's desert; and in remembrance hereof, to render unto him most high and hearty thanks, with prayers and supplications for the relief of all our daily necessities : and because these be the chief and principal works wherein man is commanded to worship God, and do properly pertain unto the first table; therefore as these works are most commonly, and also may well be called God's service, so the times appointed specially for the same, are called holy-days; not
for the matter and nature either of the time or day, nor for any of Wherefore
the saints' sake, whose memories are had on those days, (for so all some days
days and times considered are God's creatures, and all of like holicalled holy• ness) but for the nature and condition of those godly and holy
works, wherewith only God is to be honored, and the congregation to be edified, whereunto such times and days are sanctified and hallowed; this is to say, separated from all profane uses, and dedicated and appointed, not unto any saint or creature, but only unto God and his true worship: neither is it to be thought that there is any certain time or definite number of days prescribed in holy scripture, but that the appointment both of the time and also of the number of the days, is left by the authority of God's word to the liberty of Christ's church, to be determined and assigned orderly in every country, by the discretion of the rulers and ministers thereof, as they shall judge most expedient to the true setting forth of
God's glory, and the edification of their people; be it therefore daye shall be kept holy- enacted by the king our sovereign lord, with the assent of the lords days, and
spiritual and temporal, and the commons, in this present parliament assembled, and by the authority of the same, that all the days hereafter mentioned shall be kept and commanded to be kept holydays, and none other; that is to say, all Sundays in the year, the days of the feast of the Circumcision of our Lord Jesus Christ, of the Epiphany, of the Purification of the Blessed Virgin, of Saint Matthie the Apostle, of the Annunciation of the Blessed Virgin, of Saint Mark the Evangelist, of Saint Philip and Jacob the Apostles, of the Ascension of our Lord Jesus Christ, of the Nativity of Saint John Baptist, of Saint Peter the Apostle, of Saint James the Apostle, of Saint Bartholomew the Apostle, of Saint Matthew the Apostle, of Saint Michael the Archangel, of Saint Luke the Evangelist, of Saint Simon and Jude the Apostles, of All Saints, of Saint Andrew the Apostle, of Saint Thomas the Apostle, of the Nativity of our Lord, of Saint Stephen the Martyr, of Saint John the Evangelist, of the holy Innocents, Monday and Tuesday in Easter week, and Monday and Tuesday in Whitsun week; and that none other day shall be kept and commanded to be kept holy-day, or to abstain
from lawful bodily labor. Which days II. And it is also enacted by the authority aforesaid, that every manded and even or day nest going
before any of the aforesaid days of the feasts kept fasting- of the Nativity of our Lord, of Easter, of the Ascension of our Lord, days.
Pentecost, and the Purification and the Annunciation of the aforesaid
shall he com
Blessed Virgin, of All Saints, and of all the said feasts of the Apostles, other than of Saint 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.
III. And it is enacted by the authority aforesaid, that it shall be punishment lawful to all archbishops and bishops in their dioceses, and to all of offenders other having ecclesiastical or spiritual jurisdiction, to inquire of every siastical law person that shall offend in the premises, and to punish every such offender by the censures of the church, and to enjoin him or them snch penance as shall be to the spiritual judge by his direction thought meet and convenient.
IV. Provided always, that this act, or any thing therein contained, Abstinence shall not extend to abrogate or take away the abstinence from flesh from flesh in in Lent, or on Fridays and Saturdays, or any other day which is days and already appointed so to be kept, by virtue of an act made and pro- 2 & 3 E. 6,
. vided in the third year of the reign of our sovereign lord the king's : 10. majesty that now is, saving only of those evens or days whereof the holy-day next following is abrogated by this statute; any thing above mentioned to the contrary in any wise notwithstanding.
V. Provided also, and be it enacted by the authority aforesaid, When the that when and so often as it shall chance any of the said feasts (the shall be fastevens whereof be by this statute commanded to be observed and ed instead of
the Sunday kept fasting-day) to fall upon the Monday; that then, as it hath always 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 anywise notwithstanding.
VI. Provided always, and it is enacted by the authority aforesaid, In what that it shall be lawful to every husbandman, laborer, fisherman, and to all and every other person or persons, of what estate, degree or
the holy-day. condition he or they be, upon the holy-days aforesaid, in harvest, or at any other time in the year when necessity shall require, to labor, ride, fish, or work any kind of work, at their free wills and pleasure; any thing in this act to the contrary in anywise notwithstanding.
VII. Provided always, and be it enacted by the authority aforesaid, Knights that it shall be lawful to the knights of the right honorable order
garter may of the garter, and to every of them, to keep and celebrate solemnly solemnize the feast of their order, commonly called Saint George's feast, yearly feast. from henceforth the twenty-second, twenty-third, and twenty-fourth days of April, and at such other time and times, as yearly shall be thought convenient by the king's highness, his heirs and successors, and the said knights of the said honorable order, or any of them, now being, or hereafter to be; any thing in this act heretofore mentioned to the contrary notwithstanding. Repealed by 1 M. sess. 2, C. 2, which is repealed by 1 Jac. 1, c. 25, sec. 48.
1 MARY, SESS. 2, CAP. 2.-A repeal of the statute 5 & 6 Edward 6, c. 3, made for the keeping of holy-days and fastingdays.
1 ELIZABETH, Cap. 2, SEC. 14.—An act for the uniformity of common prayer and service in the church, and administration of the sacraments. See Title" UNIFORMITY OF SERVICE."
cascs some persons may labor прon