Legal Proceedings During Commonwealth Act 1660
Encyclopedia
The Legal Proceedings During Commonwealth Act 1660 or Act of the Confirmation of Judicial Proceedings (12 Chas.2 c.12) was enacted by the English Parliament to legitimise the outcome of judicial proceedings during the English interregnum
. It was repealed by the Statute Law Revision Act 1948
.
. During the Civil War, there had been two rival governments. After the execution of Charles I
in 1649, there had been a series of governments of which the longest enduring was that of Oliver Cromwell
as Protector. Following the death of his son, the Rump Parliament
was recalled, and prepared the way for new elections to a Convention Parliament, which invited back the king, Charles II
. Upon his restoration
, the previous regimes were regarded as "usurping powers", whose actions were void.
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 proceeedings, though begun by writ
s and so on using the titles of previous "usurping" rulers.
of Durham
at Westminster
, rather than Durham
.
There were several exceptions to this:
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.
This together with the Act of Oblivion put an end to legal doubts over the events of the preceding period. However a further Act, Legal Proceedings During Commonwealth Act 1661, had to be passed the following year to deal with certain issues arising out the exclusion from the Act of Oblivion and from the attainder of the Regicides.
English Interregnum
The English Interregnum was the period of parliamentary and military rule by the Lord Protector Oliver Cromwell under the Commonwealth of England after the English Civil War...
. It was repealed by the Statute Law Revision Act 1948
Statute Law Revision Act 1948
The Statute Law Revision Act 1948 is an Act of the Parliament of the United Kingdom.Section 5 and Schedule 2 authorised the citation of 158 earlier Acts by short titles....
.
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 Civil WarEnglish Civil War
The English Civil War was a series of armed conflicts and political machinations between Parliamentarians and Royalists...
. During the Civil War, there had been two rival governments. After the execution of Charles I
Charles I of England
Charles I was King of England, King of Scotland, and King of Ireland from 27 March 1625 until his execution in 1649. Charles engaged in a struggle for power with the Parliament of England, attempting to obtain royal revenue whilst Parliament sought to curb his Royal prerogative which Charles...
in 1649, there had been a series of governments of which the longest enduring was that of Oliver Cromwell
Oliver Cromwell
Oliver Cromwell was an English military and political leader who overthrew the English monarchy and temporarily turned England into a republican Commonwealth, and served as Lord Protector of England, Scotland, and Ireland....
as Protector. Following the death of his son, the Rump Parliament
Rump Parliament
The Rump Parliament is the name of the English Parliament after Colonel Pride purged the Long Parliament on 6 December 1648 of those members hostile to the Grandees' intention to try King Charles I for high treason....
was recalled, and prepared the way for new elections to a Convention Parliament, which invited back the king, Charles II
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
. Upon his restoration
English Restoration
The Restoration of the English monarchy began in 1660 when the English, Scottish and Irish monarchies were all restored under Charles II after the Interregnum that followed the Wars of the Three Kingdoms...
, the previous regimes were regarded as "usurping powers", whose actions were void.
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 proceeedings, though begun by writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
s 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 County PalatineCounty palatine
A county palatine or palatinate is an area ruled by an hereditary nobleman possessing special authority and autonomy from the rest of a kingdom or empire. The name derives from the Latin adjective palatinus, "relating to the palace", from the noun palatium, "palace"...
of Durham
County Durham
County Durham is a ceremonial county and unitary district in north east England. The county town is Durham. The largest settlement in the ceremonial county is the town of Darlington...
at Westminster
Westminster
Westminster is an area of central London, within the City of Westminster, England. It lies on the north bank of the River Thames, southwest of the City of London and southwest of Charing Cross...
, rather than Durham
Durham
Durham is a city in north east England. It is within the County Durham local government district, and is the county town of the larger ceremonial county...
.
There were several exceptions to this:
- All forfeitures for treasonTreasonIn law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
and attainderAttainderIn English criminal law, attainder or attinctura is the metaphorical 'stain' or 'corruption of blood' which arises from being condemned for a serious capital crime . It entails losing not only one's property and hereditary titles, but typically also the right to pass them on to one's heirs...
s 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.
This together with the Act of Oblivion put an end to legal doubts over the events of the preceding period. However a further Act, Legal Proceedings During Commonwealth Act 1661, had to be passed the following year to deal with certain issues arising out the exclusion from the Act of Oblivion and from the attainder of the Regicides.