Page:A short English constitutional history for law students (IA shortenglishcons00hamm).pdf/33

Under the Lancastrians the Ordinance dis- appeared. . Under the Yorkists it appeared again under the name of “ proclamation.” . During Henry VIIL’s reign the judges declared that proclamations could only advertise to the people ‘the law and wam them against its breaches, but could aot create new laws. However, Henry VIII. obtained the Statute of Proclamations from Parliament, the effect of which was to make the proclama- tions issued by him lawful, both past and future. . The Statute of Proclamations was_ repealed under Edward V1.—nevertheless the King con- tinued to issue them, . Mary and Elizabeth both issued them. . In James L’s time, Chief Justice Coke declared against the validity of proclamations by which new laws were established. The Case of Proclamations.* . Charles I. was able to issue them so long as he had the Court of Star Chamber to enforce penalties for their infringement. |. Only on one occasion since 16-47 has the Executive attempted to alter the law by a proclamation ; this instance was in the middle of the 18th century, when the export of corn was prohibited. th aie however, was done in an emergency, an it, An Act of Indemnity was obtained from Parliament therefor. . at the present day Proclamations are issued by the King in Council; but no new law can be created thereby (except in the case of Crown Colonies, which are ruled by the King in coune))) They are used merely for the purpose Oo! i. Drawing people's attention to the existing law. ii. Issuing regulations, the power to do so having been previously given by statute, e.g. under the Defence of the Realm Act