104 Proclatnaiions. [Ch. VII. Sec. IV. SECT. IV. Of Boi/al Proclamations, 1 St. In general ,- and isjhcn they arc legal. Royal proclamations seem to be extremely antient ; and, it is most probable, were originally adopted for the pm-pose of giving additional weight and dignity to the laws. Proclama- tions have been frequently made the tools of tyranny and op- pression ; and by a statute of Henry the 8th (a), were in sub- stance set on the same footing as Acts of Parliament {h). This statute fortunately existed a very short period (c). And it is clear that by the constitution of the country, this prerogative respecting proclamations, merely enables the King as executive magistrate to command and enforce the performance by his subjects of existing laws, and to make or alter regulations over which his Majesty has a peculiar jurisdiction (d): and does not entitle him to break through those fundamental prin- ciples on which the legislative portion of the government is founded, by commanding the observance of matters not sanc- tioned by Parliament. In this point of view, and if thus re- stricted, the prerogative in question is highly reasonable, and of public advantage ; because, though the making of laws is entirely the work of a distinct part, the legislative branch of the sovereign power, yet the manner, time, and circumstances of putting those laws in execution, must frequently be left to the discretion of the executive magistrate [e). In such case the royal pleasure is usually expressed by a proclamation. But thfe people are not to be commanded to observe the laws by any other public mandate than that of his Majesty : and it is an offence punishable b}^ the common law, for a subject to assume and exercise the power of issuing a public proclama- tion ; even it seems though it respect a private matter wholly (a) 31 Hen. 8. c. 8. (c) 1 E<1. 6. c. 12. s. 5. See 4 Hume {b) There was a cluuse in the statute, Hist. 196, 7. 6 Ibid. 52. that such proclamation should not be {d) See 1 Bla. Com. 270. 5 Bac. prejudicial to any person's inheritances, Ab. 549, title Prerogative, D. 8. In- offices, liberties, goods, chattels, or stances post. c. 10, as to commerce, life ; and see N. Bacon's Hist. 2 part, &c. Chitty Law Nat. 259, &c. fbl. 215. (c) 1 Bla. Com. 270. uncon-
