The Statutes of the Realm/Volume 1/Introduction/Chapter 5/Section 2

From Wikisource
Jump to navigation Jump to search
←
Introduction, Chapter V, Section I
The Statutes of the Realm, Volume I, Introduction, Chapter V
 (1810)
the Record Commission
Introduction, Chapter V, Section II
Appendix to Introduction
→
3909012The Statutes of the Realm, Volume I, Introduction, Chapter V
— Introduction, Chapter V, Section II1810the Record Commission

​

Sect. II.

Of the Methods successively adopted for promulgating the Statutes, before and since the Union of Great Britain and Ireland.

The Promulgation of the Statutes, which formerly took place within the Realm of England, as well as in Scotland and Ireland, has been wholly superseded by the Practice of modern Times. Before the Introduction of Printing, the Publication of the Statutes of England was made by Means of Exemplifications thereof, sent to the Sheriffs, under the Great Seal, out of Chancery, with Writs annexed, requiring the Proclamation and Publication of the same by them,[1] and sometimes also directing Copies to be made and distributed, and the Sheriffs to return what was done by them thereupon. The earliest Statutes were published in this Manner; as appears not only by Copies of the Writs subjoined to the Records and Manuscripts of the respective Statutes, of the Thirteenth Century, but also by Original Writs still preserved in the Tower of London.[2]

In England printed Promulgations of the Statutes, in the Form of Sessional Publications,[3] began in the First Year of Ric. III. A. D. 1484, very recently after the Introduction of Printing; and in consequence thereof such Exemplifications and Writs as are above mentioned were soon altogether discontinued;[4] yet the Statutes themselves, continued nevertheless to be inrolled in Chancery; and some of the earliest Sessional Publications appear by their Form to have been printed from a Statute Roll. All the Original Bills and Acts now extant in the Parliament Office, are some Years subsequent in Date to the Commencement of the Printed Sessional Publications of the Statutes; and it is evident, from some of those Printed Sessional Publications in the Time of Hen. VII. whereof the contemporary Bills and Acts are still preserved, that such Bills and Acts, though concurrent in Time were not then uniformly used as the Original Text for such Publications. The Sessional Publications are at present, and have for a long Series of Years been printed entirely from Original Acts in the Parliament Office.[5]

In Scotland it was the exclusive Privilege and official Duty of the Lord Clerk Register to enter the Acts of Parliament in the proper Record, and to give authentic Copies of them to the Sheriffs, Magistrates of Boroughs, and such as might demand them. A Precept is extant for proclaiming and publishing the Statutes of Robert I. in the Year 1318; and there exists also a Parliamentary Ordinance made in the Reign of David II. 1366, by which the Acts of that Parliament are directed to be sent under Royal Seal to each Sheriff to be by him publickly proclaimed.[6] The earliest printed Publication of Statutes in Scotland took place in the year 1540-1.

In Ireland the Promulgation of such Statutes as were passed in England and transmitted to Ireland, was regularly made by means of a Transcript sent under Seal from England, with a Writ directed to the Chancellor of Ireland, requiring the same to be kept in the Chancery of that Kingdom, to be enrolled in the Rolls of the said Chancery, then to be exemplified under the Great Seal of Ireland, and sent unto and proclaimed in the several Courts and Counties throughout the Kingdom.[7] Sometimes the Writ was to the Justices, in Ireland, simply requiring Proclamation.[8]

With respect to the Statutes made in Ireland, Provisions are contained in several Acts for the special Proclamation of such Acts, so that the Penalties inflicted by them should not be incurred until after such Proclamation.[9] It appears also that it was usual to proclaim the Statutes in general by the King’s Writ, made out by the Clerk of the Parliament.[10] Sessional Publications of the Acts did not take place in Ireland before the Reign of Charles I; and such Publications were not continued regularly and uniformly until after the Revolution.[11]

​

In Great Britain the Public Inconvenience experienced from the defective Promulgation of the Statutes, led to the Adoption of new Measures in the Year 1796; by which, the Acts printed by the King’s Printer, whose Authority has been long deemed sufficient to entitle his Printed Copies to be received in Evidence, in all Courts of Law,[12] were distributed throughout the Kingdom as speedily as possible after they had received the Royal Assent:[13] And the Experience of the good Effects of those Measures led soon afterwards to their Execution in a much greater Extent.

After The Union of Great Britain and Ireland, a Select Committee of the House of Commons was appointed in the first Session of the United Parliament, to consider of the most effectual Means of Promulgating the Statutes of the United Kingdom; upon whose Report Resolutions for that Purpose were adopted by the Commons, and having been agreed to by the Lords, they were presented to His Majesty by a Joint Address of both Houses; and His Majesty was thereupon pleased to give Directions accordingly.[14]

By the Tenor of these Resolutions, His Majesty’s Printer was authorized and directed to print not less than Five thousand five hundred Copies of every Public General Act, and Three hundred Copies of such Local and Personal Acts as were printed[15]; the Public General Acts to be transmitted, as soon as possible after each Bill should receive the Royal Assent, to the Members of both Houses of Parliament, the great Officers and Departments of State, Public Libraries, Courts of Justice, Sheriffs, Municipal Magistrates, and Resident acting Justices of the Peace, throughout Great Britain and Ireland; according to a prescribed Mode of Distribution; with a Direction that every Chief Magistrate and Head Officer of every City, Borough, or Town Corporate in England and Ireland, and of every Royal Burgh in Scotland, and every Sheriff, Clerk of the Peace, and Town Clerk in the United Kingdom, receiving such Copies, should preserve them for the Public Use, and transmit them to his Successor in Office: And this Mode of authenticating and Promulgating the Statutes is now carried into Execution, throughout every part of the United Kingdom.

  1. ↑ See 4 Inst. 26, 28: the Case of Heresy, 12 Rep. 58: 2 Inst. 526: 3 Inst. 41: Hale on Parl. 36: Arg. 1. Ch. Rep. 51, 53. Copies of Parliamentary Proceedings, or Acts of State, though not Statutes, were occasionally proclaimed and published. See the Roll of the Ordinances of the Staple 27 E. III: and the Note in pa. 332 of this Volume.—Sometimes the Knights, Citizens, and Burgesses were simply charged upon their Return into the Country to shew and publish to the People the Matters agreed on in Parliament. Rot. Parl. 37 E. III. nu. 38.—Sometimes Copies were delivered to them of such Matters ‘pur ent notifier en soun pays.’ Rot. Parl. 9 Hen. IV. nu. 27.
  2. ↑ See Stat. Merton, 20 Hen. III. A. D. 1235,6, and the Notes thereto page 1—4 of the Statutes in this Volume: Stat. Marlbr. 52 Hen. III. A.D. 1267, and the Note in pag. 25: Stat. Westm. 1. 3 Edw. I. A.D. 1275, and the Notes in page 39: Statutum de Finibus levatis 27 Edw. I. A.D. 1299, pa. 126—130: and numerous subsequent Instances. See also Appendix C; and Appendix H. I. subjoined to this Introduction.
  3. ↑ See Catalogue of the Sessional Publications in Appendix B.
  4. ↑ The last Proclamation Writ entered on the Statute Rolls, is at the end of Stat. 7 Hen. V. A.D. 1419; Lord Coke, 2 Inst. 526, says the Writ continued to issue till the Reign of Henry VII. In the Printed Editions of the Statutes, a Proclamation Writ is prefixed to the Statutes of 19 Hen. VII.
  5. ↑ See Commons’ Journals vol. viii, 11th January 1661-2, when it was resolved that a Message should be sent to the Lords, requesting “that the Original Rolls of Acts of Parliament be kept in the Office, and not delivered to the Printer, but that true Copies be delivered to him from the Roll, fairly written and carefully examined and attested.”
  6. ↑ For Acts relating to the Promulgation of the Statutes in Scotland, See Appendix H. II.
  7. ↑ See the Memoranda and Writs annexed to the English Statutes 12 Edw. II. Rot. Stat. m. 32. page 179 of the Statutes in this Volume.
  8. ↑ See the Memoranda at the End of several Statutes; 1, 2, 4, 5 Ed. III. pages 257, 261, 265 and 269 of the Statutes in this Volume; 25 Ed. III. page 324; 36 Ed. III. page 378.—As to the more antient Statutes, sent to Ireland, See Rot. Claus. 13 Ed. I. m. 5, d. quoted before Chapter III. Sect. II. page xxxviii note 4.
  9. ↑ See Irish Acts 12 Ed. IV. c. 2: 14 Hen. VII. c. 1: 28 Hen. VIII. c. 2. § 4: (for the Succession of the King and Queen Anne: the Clause for Proclamation of which is copied from the English Act 25 Hen. VIII. c. 22.): 33 Hen. VIII. c. 1. § 2. (enacting that the King and his Successors, Kings of England, should be always Kings of Ireland); 14 and 15 Car. II c. 18. § 12.
  10. ↑ See Irish Acts 12 Ed. IV. c. 2: 11 Eliz. Stat. 4. c. 1. § 10.
  11. ↑ See the Preface to the Edition of the Irish Acts publiſhed by Authority, in Appendix G: II. 4.
  12. ↑ By Stat. 41 Geo. 3. (U.K.) c. 90. § 9. it is expressly provided, that the Copy of the Statutes of England and Great Britain printed by the King’s Printer, shall be Evidence in Ireland, and that the Copy of the Statutes in Ireland, printed by the King’s Printer, shall be Evidence in Great Britain, of the Statutes respectively passed, previous to the Union between Great Britain and Ireland.
  13. ↑ See Commons’ Journals, Vol. lii. 2 Nov. 5 Dec. 1796: 10, 17. 20, 27 March; 3, 27 April: 2 June 1797.
  14. ↑ See Commons’ Journals, Vol. lvi. 26 February; 28 April; 6, 7, 8 May; 3, 5, 8, 9 June 1801.
  15. ↑ See the End of Note 5, which begins in page xxxv, of this Introduction.
Retrieved from "https://en.wikisource.org/w/index.php?title=The_Statutes_of_the_Realm/Volume_1/Introduction/Chapter_5/Section_2&oldid=13902947"