Proclamation

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Proclamation of King William III of the Netherlands regarding his accession, 1849 Proclamation of William III.jpg
Proclamation of King William III of the Netherlands regarding his accession, 1849
Handbill publishing the Royal Proclamation of King George I, dated 23 September 1715, for the "discovery and apprehension" of Sir William Wyndham, 3rd Baronet, the Jacobite leader RoyalProclamation 1715 ForArrestOf SirWilliamWyndham 3rdBaronet.JPG
Handbill publishing the Royal Proclamation of King George I, dated 23 September 1715, for the "discovery and apprehension" of Sir William Wyndham, 3rd Baronet, the Jacobite leader

A proclamation (Lat. proclamare, to make public by announcement) is an official declaration issued by a person of authority to make certain announcements known. Proclamations are currently used within the governing framework of some nations and are usually issued in the name of the head of state.

A head of state is the public persona who officially embodies a state in its unity and legitimacy. Depending on the country's form of government and separation of powers, the head of state may be a ceremonial figurehead or concurrently the head of government and more.

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United Kingdom

In English law, a proclamation is a formal announcement ("royal proclamation"), made under the great seal, of some matter which the King-in-Council or Queen-in-Council desires to make known to his or her subjects: e.g., the declaration of war, or state of emergency, the statement of neutrality, the summoning or dissolution of Parliament, or the bringing into operation of the provisions of some statute the enforcement of which the legislature has left to the discretion of the king or queen [1] in the announcement. Proclamations are also used for declaring bank holidays and the issuance of coinage.

English law Legal system of England and Wales

English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.

Great Seal of the Realm Seal of the United Kingdom

The Great Seal of the Realm or Great Seal of the United Kingdom of Great Britain and Northern Ireland is a seal that is used to symbolise the Sovereign's approval of important state documents.

King-in-Council

The King-in-Council or the Queen-in-Council, depending on the gender of the reigning monarch, is a constitutional term in a number of states. In a general sense, it would mean the monarch exercising executive authority, usually in the form of approving orders, in the presence of the country's executive council. N.y

Royal proclamations of this character, made in furtherance of the executive power of the Crown, are binding on the subject, "where they do not either contradict the old laws or tend to establish new ones, but only confine the execution of such laws as are already in being in such matter as the sovereign shall judge necessary" (Blackstone's Commentaries, ed. Stephen, ii. 528; Stephen's Commentaries, 14th ed. 1903, ii. 506, 507; Dicey, Law of the Constitution, 6th ed., 51). Royal proclamations, which, although not made in pursuance of the executive powers of the Crown, either call upon the subject to fulfil some duty which they are by law bound to perform, or to abstain from any acts or conduct already prohibited by law, are lawful and right, and disobedience to them (while not of itself a misdemeanour) is an aggravation of the offence (see charge of Chief Justice Cockburn to the grand jury in R. v. Eyre (1867) and Case of Proclamations 1610, 12 Co. Rep. 74. [1] [2]

The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their sub-divisions. Legally ill-defined, the term has different meanings depending on context. It is used to designate the monarch in either a personal capacity, as Head of the Commonwealth, or as the king or queen of his or her realms. It can also refer to the rule of law; however, in common parlance 'The Crown' refers to the functions of government and the civil service.

<i>Case of Proclamations</i>

The Case of Proclamations [1610] EWHC KB J22 is an English constitutional law case during the reign of King James I (1603–1625) which defined some limitations on the Royal Prerogative at that time. Principally, it established that the Monarch could make laws only through Parliament. The judgment began to set out the principle in English law that when a case involving an alleged exercise of prerogative power came before the courts, the courts could determine:

The Crown has from time to time legislated by proclamation; and the Statute of Proclamations 1539 provided that proclamations made by the king with the assent of the council should have the force of statute law if they were not prejudicial to "any person's inheritance, offices, liberties, goods, chattels or life." But this enactment was repealed by an act of 1547; and it is certain that a proclamation purporting to be made in the exercise of legislative power by which the sovereign imposes a duty to which the subject is not by law liable, or prohibits under penalties what is not an offence at law, or adds fresh penalties to any offence, is of no effect unless itself issued in virtue of statutory authority (see also Order in Council). [1]

An Order in Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the Queen by and with the advice and consent of the Privy Council (Queen-in-Council), but in other countries the terminology may vary. The term should not be confused with Order of Council, which is made in the name of the Council without royal assent.

The Crown has power to legislate by proclamation for a newly conquered country (Jenkyns, British Rule and Jurisdiction beyond the Seas); and this power was freely exercised in North America following the Seven Years' War by the Royal Proclamation of 1763 and in the Transvaal Colony during the Second Boer War 1899–1902. In the British colonies, ordinances are frequently brought into force by proclamation; certain imperial acts do not take effect in a colony until they are proclaimed (e.g. the Foreign Enlistment Act 1870); and proclamations are constantly issued in furtherance of executive acts. In many British protectorates the high commissioner or administrator was empowered to legislate by proclamation. [1]

North America Continent entirely within the Northern Hemisphere and almost all within the Western Hemisphere

North America is a continent entirely within the Northern Hemisphere and almost all within the Western Hemisphere. It is also considered by some to be a northern subcontinent of the Americas. It is bordered to the north by the Arctic Ocean, to the east by the Atlantic Ocean, to the west and south by the Pacific Ocean, and to the southeast by South America and the Caribbean Sea.

Seven Years War Global conflict between 1756 and 1763

The Seven Years' War was a global war fought between 1756 and 1763. It involved every European great power of the time and spanned five continents, affecting Europe, the Americas, West Africa, India, and the Philippines. The conflict split Europe into two coalitions: one was led by the Kingdom of Great Britain and included the Kingdom of Prussia, the Kingdom of Portugal, the Electorate of Brunswick-Lüneburg, and other small German states; while the other was led by the Kingdom of France and included the Austrian-led Holy Roman Empire, the Russian Empire, the Kingdom of Spain, Sweden, and the Electorate of Saxony. Meanwhile, in India, some regional polities within the increasingly fragmented Mughal Empire, with the support of the French, tried to crush a British attempt to conquer Bengal.

Royal Proclamation of 1763 British Parliamentary act setting a western border for the American colonies

The Royal Proclamation of 1763 was issued by King George III on October 7, 1763, following Great Britain's acquisition of French territory in North America after the end of the French and Indian War and the Seven Years' War. This proclamation rendered all land grants given by the government to British subjects who fought for the Crown against France worthless. It forbade all settlement west of a line drawn along the Appalachian Mountains, which was delineated as an Indian Reserve.

In the old system of real property law in England, fines, levied with "proclamations", i.e., with successive public announcements of the transaction in open court, barred the rights of strangers, as well as parties, in case they had not made claim to the property conveyed within five years thereafter (acts 1483–1484 and 1488–1489). These proclamations were originally made sixteen times, four times in the term in which the fine was levied, and four times in each of the three succeeding terms. Afterwards the number of proclamations was reduced to one in each of the four terms. The proclamations were endorsed on the back of the record. The system was abolished by the Fines and Recoveries Act 1833. [1]

The Fines and Recoveries Act 1833 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It abolished the two species of property conveyance known as fines of lands and common recoveries.

On certain rare occasions, the heralds of the College of Arms and the Lyon Court (or somebody else assigned to) still publicly read out certain proclamations such as the proclamation regarding the dissolution of parliament or proclamations regarding the monarch's coronation, where they are read at the steps of the Royal Exchange in London and at the Mercat Cross in Edinburgh.

See also

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The Proclamation by the Crown Act 1539 was a law enacted by the English Reformation Parliament of Henry VIII. It permitted the King to legislate by decree, ordering that "traditional" proclamations should be obeyed as "though they were made by act of parliament". In addition the act appointed machinery for their enforcement.

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References

  1. 1 2 3 4 5 Wikisource-logo.svg One or more of the preceding sentences incorporates text from a publication now in the public domain : Renton, Alexander Wood (1911). "Proclamation". In Chisholm, Hugh (ed.). Encyclopædia Britannica . 22 (11th ed.). Cambridge University Press. p. 417.
  2. England and Wales High Court (King's Bench Division) Decisions