The next statute relating to abstinence is one (5th Eliz. c. 5) entirely for the increase of the fishery. It enacts (§ 15, etc.) that no one, unless having a licence, shall eat flesh on fish-days, or on Wednesdays, now made an additional fish-day, under a penalty of £3, or three months' imprisonment. Except that every one having three dishes of sea-fish at his table, might have one of flesh also. But "because no manner of person shall misjudge of the intent of this statute," it is enacted that whosoever shall notify that any eating of fish or forbearing of flesh mentioned therein is of any necessity for the saving of the soul of man, or that it is the service of God, otherwise than as other politic laws are and be; that then such persons shall be punished as spreaders of false news (§ 39 and 40). The act 27th Eliz. c. 11, repeals the prohibition as to Wednesday; and provides that no victuallers shall vend flesh in Lent, nor upon Fridays or Saturdays, under a penalty. The 35th Eliz. c. 7, § 22, reduces the penalty of three pounds or three months' imprisonment, enacted by 5th of Eliz. to one-third. This is the latest statute that appears on the subject.
Many proclamations appear to have been issued in order to enforce an observance so little congenial to the propensities of Englishmen. One of those in the first year of Edward was before any statute; and its very words respecting the indifference of meats in a religious sense were adopted by the legislature the next year. Strype's Eccles. Memor. ii. 81. In one of Elizabeth's, a.d. 1572, as in the statute of Edward, the political motives of the prohibition seem in some measure associated with the superstition it disclaims; for eating in the season of Lent is called "licentious and carnal disorder, in contempt of God and man, and only to the satisfaction of devilish and carnal appetite;" and butchers, etc., "ministering to such foul lust of the flesh," were severely mulcted. Strype's Annals, ii. 208. But in 1576 another proclamation to the same effect uses no such hard words, and protests strongly against any superstitious interpretation of its motive. Life of Grindal, p. 226. So also in 1579 (Strype's Annals, ii. 608), and, as far as I have observed, in all of a later date, the encouragement of the navy and fishery is set forth as their sole ground. In 1596, Whitgift, by the queen's command, issued letters to the bishops of his province, to take order that the fasting-days, Wednesday and Friday, should be kept, and no suppers eaten, especially on Friday evens. This was on account of the great dearth of that and the preceding year. Strype's Whitgift, p. 490. These proclamations for the observance of Lent continued under James and Charles, as late, I presume, as the commencement of the civil war. They were diametrically opposed to the puritan tenets; for, notwithstanding the pretext about the fishery, there is no doubt that the dominant ecclesiastics maintained the observance of Lent as an ordinance of the church. But I suspect that little regard was paid to Friday and Saturday as days of weekly fast. Rymer, xvii. 131, 134, 349; xviii. 268, 282, 961.
This abstemious system, however, was only compulsory on the poor. Licences were easily obtained by others from the privy-council in Edward's days, and afterwards from the bishop. They were empowered, with their guests, to eat flesh on all fasting-days for life. Sometimes the number of guests was limited. Thus the Marquis of Winchester had permission for twelve friends; and John Sanford, draper of Gloucester, for two. Strype's Memorials, ii. 82. The act above mentioned for encouragement of the fishery, 5th Eliz. c. 5, provides that £1 6s. 8d. shall be paid for granting every licence, and 6s. 8d. annually afterwards, to the poor of the parish. But no licence was to be granted for eating beef at any time of the year, or veal from Michaelmas to the first of May. A melancholy privation to our countrymen! but, I have no doubt, little regarded. Strype makes known to us the interesting fact, that Ambrose Potter, of Gravesend, and his wife, had permission from Archbishop Whitgift "to eat flesh and white meats in Lent, during their lives; so that it was done soberly and frugally, cautiously, and avoiding public scandal as much as might be, and giving 6s. 8d. annually to the poor of the parish." Life of Whitgift, 246.
The civil wars did not so put an end to the compulsory observance of Lent and fish days but that similar proclamations are found after the Restoration, I know not how long. Kennet's Register, p. 367 and 558. And some orthodox Anglicans continued to make a show of fasting. The following extracts from Pepys' diary are, perhaps, characteristic of the class. "I called for a dish of fish which we had for dinner, this being the first day of Lent; and I do intend to try whether I can keep it or no." Feb. 27, 1661. "Notwithstanding my resolution, yet for want of other victuals, I did eat flesh this Lent, but am resolved to eat as little as I can.
[665] Wilson, 709.
[666] Debates in parliament, 1621, vol. i. pp. 45, 52. The king requested them not to pass this bill, being so directly against his proclamation. Id. 60. Shepherd's expulsion is mentioned in Mede's Letters, Harl. MSS. 389.
[667] Vol. ii. 97. Two acts were passed (1 Car. I. c. 1 and 3 Car I. c. 2) for the better observance of Sunday; the former of which gave great annoyance, it seems, to the orthodox party. "Had any such bill," says Heylin, "been offered in King James's time, it would have found a sorry welcome; but this king being under a necessity of compliance with them, resolved to grant them their desires in that particular, to the end that they might grant his also in the aid required, when that obstruction was removed. The Sabbatarians took the benefit of this opportunity for the obtaining of this grant, the first that ever they obtained by all their strugglings, which of what consequence it was we shall see hereafter." Life of Laud, p. 129. Yet this statute permits the people lawful sports and pastimes on Sundays within their own parishes.
[668] Without loading the page with too many references on a subject so little connected with this work, I mention Strype's Annals, vol. i. p. 118, and a letter from Jewel to P. Martyr in Burnet, vol. iii. Appendix 275.
[669] Collier, 568.
[670] Strype's Annals, i. 207, 294.