106 Proclamations. [Ch.VII. Sec. IV. A proclamation for disarming Papists is binding, being only in execution of what the legislature has first ordained; but a pro- clamation for allowing arms to Papists, or for disarming any Protestant subjects, will not bind ; because the first would be to assume a dispensing power, the latter a legislative one, to the vesting of either of which in any single person, the laws of JIngland are absolutely strangers (fl). A proclamation is not obligatory or effective, where it re- strains his Majesty's subjects in matters on which the laws are silent, though the observance of such matters might be ad- vantageous to the public (&); and, therefore, it has been deter- mined that his Majesty cannot, by proclamation or otherwise, prohibit the erection of new buildings in and about London, or forbid the making of starch from wheat (c). And the case we have just mentioned, respecting the embargo on wheat, was determined on the same principle. There are indeed instances to be found of persons who have been sentenced in the Star-chamber upon proclamations against the increase of buildings ; and in particular one in Hobart's Reports {d), where a person was fined by that Court for building without brick, though upon an old foundation ; and it is there laid down that such buildings had an ill effect from the danger of fire, consumption of timber, and difficulty of feeding, clean- sing, and governing the city ; and that proclamations are just when made pro bono publico. But the vague doctrine advanced in this case is so contradictory to every principle and judicial determination on the subject, that we may pass it over with a conviction that it is unfounded, more especially as it was pro- nounced by kn unconstitutional and prejudiced tribunal {e). 2dly. Proclamations^ how made. A proclamation must be under the great seal, and, if denied, is to be tried by the record thereof (/). It is of course neces- sary that it be published, in order that the people may be ap- (a) 1 Bla. Com. 271. (e) As to the illegal conduct of the {b) 12 East, 296, Chitty L. Nat. Star-chamber, with respect to Procla- 259. uiations, see Lord Clarendon's Hi^t. of (c) 12 Co. R. 74. Repub. b. 1 and 3. if!) Armgted's Case, Hob. 231. (/) Cro. Car. 180. Roh R. 172. prized
