Legal Proceedings During Commonwealth Act 1660
| Act of Parliament | ||
 Commencement 1 May 1642 | | |
| Repealed | 30 July 1948 | |
|---|---|---|
| Other legislation | ||
| Repealed by | Statute Law Revision Act 1948 | |
Status: Repealed | ||
| Text of statute as originally enacted | ||
| Legal Proceedings During Commonwealth Act 1661 | ||
|---|---|---|
| Act of Parliament | ||
Commencement 8 May 1661 | | |
| Other legislation | ||
| Repealed by | Statute Law Revision Act 1948 | |
Status: Repealed | ||
| Text of statute as originally enacted | ||
| Legal Proceedings During Commonwealth Act 1662 | ||
|---|---|---|
| Act of Parliament | ||
Commencement 7 January 1662 | | |
| Other legislation | ||
| Repealed by | Statute Law Revision Act 1948 | |
Status: Repealed | ||
| Text of statute as originally enacted | ||
The Legal Proceedings During Commonwealth Act 1660 or Act of the Confirmation of Judicial Proceedings (
Background
The Act was rendered necessary by the lack of a legitimate English government in control of the whole country since the outbreak of the
The first action of the Convention Parliament after the arrival of the king was to declare itself a legitimate Parliament, and to confirm its own ordinances continuing taxation. It then authorised subsisting the temporary continuance of legal proceedings, though begun by writs and so on using the titles of previous "usurping" rulers.
The Act
The first clause of the Act confirmed all judicial proceedings since 1 May 1642, and additionally final concords made with novel procedures and those undertaken for the
.There were several exceptions to this:
- All forfeitures for treason and attainders for adherence to Charles I were annulled.
- All sales of land by Ordinance of "usurping powers" were left just as if the Act had not passed (being neither avoided nor confirmed). This meant that the land reverted to its former owner or his heir, if he had done nothing to confirm the sale (but many had confirmed such sales, for payment).
- Recognisances and bonds to former rulers (if undischarged) remained in force to the king, unless entered into by order of former governing authorities.
- All sales of lands of the king, bishops and cathedrals were declared void (so that the lands reverted to their former owners).
The Act ended by lamenting that it was "necessary to mention Diverse pretensed Acts and Ordinances" of the previous rulers and declaring their titles "most Rebellious, Wicked, Trayterous and Abominable Usurpations Detested by this present Parliament as opposite in the Highest Degree to His Sacred Majestyes most Just and undoubted Right to whom and to His Heires and Lawfull Successors the Imperiall Crownes" belonged.[1]
This together with the
References
- ^ 'Charles II, 1660: An Act for Confirmation of Judiciall Proceedings.', Statutes of the Realm: volume 5: 1628-80 (1819), pp. 234-236. [URL: http://www.british-history.ac.uk/report.aspx?compid=47260. Retrieved 9 June 2008].