## 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.


Re Proclamations (1611) 77 ER 1352