Re Proclamations (1611) 77 ER 1352

Facts

  • In 1610–1611 King James I issued royal proclamations forbidding the erection of new buildings in London and the manufacture of wheat-based starch.
  • These proclamations rendered previously lawful conduct unlawful without any Act of Parliament.
  • Members of the House of Commons complained that the proclamations were grievances and contrary to established law.
  • The matter was referred to the Court of King’s Bench to determine whether the Crown could, by prerogative alone, create new offences or alter existing law.
  • Chief Justice Sir Edward Coke and the other judges sat to advise on the legality of the proclamations and the scope of the royal prerogative.

Issues

  1. Could the monarch, through the royal prerogative, unilaterally make lawful activities unlawful by proclamation without Parliamentary authority?

Decision

  • The Court held that the Crown possesses no prerogative except that which the common law and statute recognise.
  • Royal proclamations cannot create new offences, change the common law, or impose penalties absent Parliamentary sanction.
  • Consequently, the proclamations concerning London building and wheat starch were of no legal force.

Legal Principles

  • “The King has no prerogative, but that which the law of the land allows him” (Coke CJ).
  • Legislative power rests with Parliament; executive acts cannot usurp or bypass that power.
  • The judiciary is competent to define and police the limits of the royal prerogative, reinforcing the rule of law.
  • Later authorities, including R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5 and R (Miller) v Prime Minister; Cherry v Advocate General for Scotland [2019] UKSC 41, reaffirm that significant constitutional change requires statutory authority and that prerogative powers are subject to judicial review.

Conclusion

The Case of Proclamations confirmed that the Crown cannot legislate by decree; only Parliament may create or amend law, and the courts stand ready to invalidate executive action that exceeds legally defined prerogative powers.

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