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The Church, Debt Collection & Old Laws

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When the Law Commission reconvenes after their Christmas break, one of their first task will be to consider what laws to remove from the statute books.

In an on-going legal exercise since 1965, regularly legal historians and legal officials have been poking around the vast multitude of statues that make up the UK legal code, and identifying any laws that are essentially surplus to requirement.

Over the passage of time, many laws can become obsolete, or be updated and replaced by more modern legislation. For example, laws relating to hawking and falconry are hardly relevant in the 21st century- as are laws relating to bear baiting and similar medieval sports. More recently, 1997 Acts of Parliament setting out referendums for the Scottish and Welsh Assemblies are similarly no longer relevant- but are still on the statute books. Society might change, technology might change- but the law stubbornly remains the same until it is repealed by Parliament.

Early next year, experts will submit to the Law Commission 56 Acts of Parliament, and sections of 49 other Acts, concerning a wide range of subjects, to be considered for removal from the statute books. Following a public consultation to ensure that those Acts are indeed no longer in use, a new Bill will be drafter to repeal the relevant legislation.

Magna Carta, 1297: an old law still a key part of the statute books in 2014

Magna Carta, 1297: an old law still a key part of the statute books in 2014

Amongst those 56 Acts of Parliament is what remains of the Statue of Marlborough. The Statute of Marlborough was passed in 1267, when Henry III was King. It actually predates Magna Carta; despite being signed in 1215, Magna Carta only became law in 1297. Indeed, the Statues of Marlborough was signed into law only 32 years after the first ever Act of Parliament.

Many of the provisions of the Statute have fallen by the way over the centuries- with just four of its 29 chapters (sections) still in force today. Those sections deal with distress and debt collection. Distress allowed landlords to enter a debtor’s property to take their goods and chattels as payment for their debts. However the 2014 Tribunals, Courts and Enforcement Act effectively abolished distress. As such, after 747 years, only the two chapters on debt collection remain relevant-.

As regards those two chapters, one forbids an individual from seeking revenge for the non-payment of a debt without permission from a court. The other stops tenants from ruining or selling off their landlord’s land. The first chapter is not considered obsolete- with the second chapter still a matter of legal opinion as to whether it is still relevant.

Times have changed- but debt collection has not. With the troubled economic times today, debts and debt collection are still as relevant as ever. Recent years have thrown the (often underhand or unfair) practices of loan sharks, debt collectors, and payday lender companies into the spotlight. That sector has gathered much criticism, as they often can make matters worse for hard pressed households.

The matter has even attracted the attention of the Church of England. The Archbishop of Canterbury, the Most Reverend Justin Welby- has been vocal as regards his criticism of such companies and lenders. Seeing such payday lenders as a social ill, he famously stated that the Church would back smaller credit unions to compete with such companies, and ‘compete them out of existence.’ Further to that, the Church of England has its own such credit union.

It later came put that the Church investments included small holdings in one such payday lender. That only encouraged the Archbishop to demand and ensure that the Church treasurers pursued a path of greater ‘ethical investment’. However, the Archbishop- having himself formerly worked in the oil industry- admitted that such ethical investments would also have to be based on realism as well; it is hard to find companies and banks that are totally ethical in their own investments, products, buyers and similar.

Church involvement in money lending goes back centuries- either in speaking out against the practice, or being a part of it. Further, the Gospels make reference to Jesus’ own anger when he entered house of God and found money lenders present. He set about driving them out, stating that they made a place of worship an prayer a ‘den of thieves.’

At Christmas, it is easy to rack up the debts necessary to pay for the excess and necessities of the festive season. At Christmas, amidst the parties, presents, and general festivity, the true meaning of Christmas is often forgotten. Jesus’ teaching, and genuine goodwill to all, are often left behind amidst the festive fun and events.

Quite often, the true meaning of Christmas is left behind- just as some old laws have been left behind to languish, irrelevant and unused, on the statute books.


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