Continuance of Laws, etc. Act 1627

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Continuance of Laws, etc. Act 1627
Act of Parliament
Coat of Arms of England (1603-1649).svg
Long title An Act for the continuance and repeal of divers statutes.
Citation 3 Cha. 1 . c. 5
Territorial extent  England and Wales
Dates
Royal assent 10 March 1629
Commencement 17 March 1628 [a]
Repealed28 July 1863
Other legislation
AmendsSee § Continued enactments and § Repealed enactments
Repeals/revokesSee § Repealed enactments
Repealed by Statute Law Revision Act 1863
Relates toSee Expiring laws continuance acts
Status: Repealed
Text of statute as originally enacted

The Continuance of Laws, etc. Act 1627 (3 Cha. 1 . c. 5) was an act of the Parliament of England that made perpetual, continued and repealed various older enactments.

Contents

Background

In the United Kingdom, acts of Parliament remain in force until expressly repealed. Many acts of parliament, however, contained time-limited sunset clauses, requiring legislation to revive enactments that had expired or to continue enactments that would otherwise expire. [1]

Provisions

Continued enactments

Section 1 of the act made the [[Fisheries Act 1558] (1 Eliz. 1. c. 17), except a proviso for certain river rents to the crown, the Benefices Act 1571 (13 Eliz. 1. c. 20), as amended by the Ecclesiastical Leases Act 1572 (14 Eliz. 1. c. 11), the Ecclesiastical Leases Act 1575 (18 Eliz. 1. c. 11) and the Continuance, etc. of Laws Act 1601 (43 Eliz. 1.c . 9), the Preservation of Timber Act 1584 (27 Eliz. 1. c. 19) and the Execution Act 1605 (3 Jas. 1. c. 8) perpetual. [2]

Section 2 of the act made the Usury Act 1623 (21 Jas. 1. c. 17) perpetual.

Section 3 of the act continued the Yarmouth Worsteds Act 1529 (21 Hen. 8. c. 12), as continued and amended by sections 1 and 3 of the Buying Cattle Act 1549 (3 & 4 Edw. 6. c. 19), the Butter and Cheese Act 1549 (3 & 4 Edw. 6. c. 21), as amended by the Butter and Cheese Act 1623 (21 Jas. 1. c. 22), the Maintenance of the Navy Act 1562 (5 Eliz. 1. c. 5) as not repealed "nor doth concern the eating of Flesh or using the Flesh uppon the Wednesday, Nor the transportation of Herring or other Sea Fish Nor Freedome of Subsidie or Tonnage for the same, Nor transportacion of Corne, nor the phibiting the or Ling in Barrell or other Caskes" and as amended by the Butter and Cheese Act 1623 (21 Jas. 1. c. 22), the Importation Act 1562 (5 Eliz. 1. c. 7), the Bows Act 1566 (8 Eliz. 1. c. 10), the Purveyance Act 1571 (13 Eliz. 1. c. 21), the Vagabonds Act 1572 (14 Eliz. 1. c. 5) "as concerneth the taxing rating levying and imploying of Gaole money", the Poor Act 1575 (18 Eliz. 1. c. 3) "as concerneth Bastards begotten out of lawfull Matrimonie with this all Justice of the peace within their severall limits and pcincts and in their severall Sessions may doe and execute all things concerning that part of the said Statute that by Justice of the Peace in the severall Counties are by the said Statute lymited to be done", the Continuance of Laws, etc. Act 1627 (18 Eliz. 1. c. 20), the Government of the City of Westminster Act 1584 (27 Eliz. 1. c. 17Pr.) [b] , the Malt Act 1584 (27 Eliz. 1. c. 14), the Norfolk Coast Sea Defences Act 1584 (27 Eliz. 1. c. 24), the Sale of Beer Act 1588 (31 Eliz. 1. c. 8), the Cloth Act 1592 (35 Eliz. 1. c. 10), the Clapboard Act 1592 )35 Eliz. 1. c. 11), so much of the Religion Act 1592 (35 Eliz. 1. c. 1) as unrepealed, the Vagabonds Act 1597 (39 Eliz. 1. c. 4), as amended by section 20 of the Continuance, etc. of Laws Act 1603 (1 Jas. 1. c. 25), the Navigation Act 1597 (39 Eliz. 1. c. 10), the Importation Act 1597 (39 Eliz. 1. c. 14), the Malt Act 1597 (39 Eliz. 1. c. 16), the Vagabonds (No. 2) Act 1597 (39 Eliz. 1. c. 17), the Disabled Soldiers Act 1601 (43 Eliz. 1. c. 3), the Frivolous Suits Act 1601 (43 Eliz. 1. c. 6), the Poor Relief Act 1601 (43 Eliz. 1. c. 2), as amended by section 23 of the (1 Jas. 1. c. 25) and with further amendments, the Woollen Cloth Act 1601 (43 Eliz. 1. c. 10), the Inferior Court Act 1601 (43 Eliz. 1. c. 5), the Vagabonds Act 1603 (1 Jas. 1. c. 7) [b] , the Statute of Stabbing 1603 (1 Jas. 1. c. 8) [b] , the Leather Act 1603 (1 Jas. 1. c. 22) [b] save as repealed by the Leather Act 1606 (4 Jas. 1. c. 6), the Game Act 1603 (1 Jas. 1. c. 27) [b] , the Hops Act 1603 (1 Jas. 1. c. 18) [b] , the Labourers Act 1603 (1 Jas. 1. c. 6) [b] , the Plague Act 1603 (1 Jas. 1. c. 31) [b] , the Skinners Act 1605 (3 Jas. 1. c. 9), the Conveyance of Offenders to Gaol Act 1605 (3 Jas. 1. c. 10), the Exportation Act 1605 (3 Jas. 1. c. 11), the Stealing of Deer, etc. Act 1605 (3 Jas. 1. c. 13), the Land Inclosure (Herefordshire) Act 1606 (4 Jas. 1. c. 11), the Criminal Law Act 1609 (7 Jas. 1. c. 1), the Vagabonds Act 1609 (7 Jas. 1. c. 4), the Game Act 1609 (7 Jas. 1. c. 11), the Shop-books Evidence Act 1609 (7 Jas. 1. c. 12), the Deer Stealing Act 1609 (7 Jas. 1. c. 13), the Sea Sand (Devon and Cornwall) Act 1609 (7 Jas. 1. c. 18), the Wild-fowl Act 1533 (25 Hen. 8. c. 11) as much as repealed by the Wild Fowl Act 1549 (3 & 4 Edw. 6. c. 7) and revived by section 9 of the Continuance, etc. of Laws Act 1623 (21 Jas. 1. c. 28), the Sherborne Causeway Act 1554 (1 Marr. Sess. 3. c. 5) as revived by section 10 of the Continuance, etc. of Laws Act 1623 (21 Jas. 1. c. 28), the Female Convicts Act 1623 (21 Jas. 1. c. 6), the Woollen Cloths Act 1623 (21 Jas. 1.c . 18), the Woollen Cloths Act 1606 (4 Jas. 1. c. 20) as much as in force on the last day of the session 21 Jas. 1, the Profane Swearing Act 1623 (21 Jas. 1. c. 20), the Concealment of Birth of Bastards Act 1623 (21 Jas. 1. c. 27) and the Sunday Observance Act 1625 (1 Cha. 1. c. 1) until the end of the first session of the next parliament.

Section 4 of the act provided that any parts of the aforementioned acts that were not changed by new acts in this session of parliament would stay in effect after the present session of parliament ended.

Section 5 of the act provided that when grain prices at specified havens and places fell below certain thresholds (wheat at 32 shillings per quarter, rye at 20 shillings, peas and beans at 16 shillings, and barley or malt at 16 shillings), subjects of the King could lawfully transport and sell these grains to any territories beyond the seas, with the King receiving customs duties of 2 shillings per quarter of exported wheat and 16 pence per quarter of other exported grains.

Section 6 of the act provided that the King could issue proclamations to temporarily prohibit the export of grain from the realm or specific ports during times when such restrictions were deemed necessary, with penalties for violations as established by existing laws and statutes.

Section 7 of the act provided that no person would be penalised for deficiencies in the length, width, or weight of Welsh cotton priced at 15 pence per yard or 2 shillings per goad, as long as they were not mixed with hair or other deceptive materials, except for those above that price which could be mixed as specified or could shrink up to half a yard per 12 yards of length, weigh less than 14 ounces per yard, or measure less than three-quarters of a yard in width.

Section 9 of the act continued the Inundations, Norfolk and Suffolk Act 1609 (7 Jas. 1. c. 20) until the end of the next session of parliament.

Repealed enactments

Section 8 of the act repealed section 1 of the Trade Act 1392 (16 Ric. 2. 1), 16 Ric. 2. c 4, the 20 Ric. 2. c. 2), the 1 Hen. 4. c. 7, the Liveries Act 1405 (7 Hen. 4. c. 14), 13 Hen. 4. c. 3, 8 Hen. 6. 4, the Liveries Act 1468 (8 Edw. 4. c. 2), the Star Chamber Act 1487 (3 Hen. 7. c. 1) as relates to liveries [c] and the King's Officers and Tenants Act 1487 (3 Hen. 7. c. 12).

Subsequent developments

The Select Committee on Temporary Laws, Expired or Expiring, appointed in 1796, inspected and considered all temporary laws, observing irregularities in the construction of expiring laws continuance acts, making recommendations and emphasising the importance of the Committee for Expired and Expiring Laws. [3]

The limited territorial extent of the act meant that some enactments repealed by the act were repealed by subsequent statute law revision acts, including:

The whole act was repealed by section 1 of, and the schedule to, the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125).

Notes

  1. Start of session.
  2. 1 2 3 4 5 6 7 8 This is the citation in The Statutes of the Realm .
  3. Section 1.

References

  1. Imprisonment in Medieval England. CUP Archive. p. 345.
  2. Raithby, John, ed. (1963) [1819]. Statutes of the Realm. Vol. 5: The Statutes of King Charles I and King Charles II (1625–1680). London: Dawsons. pp. 27–30 via Hathi Trust.
  3. Commons, Great Britain Parliament House of (1803). Reports from Committees of the House of Commons which Have Been Printed by Order of the House: And are Not Inserted in the Journals [1715-1801. Vol. 14. pp. 34–118.