Online Encyclopedia

Search over 40,000 articles from the original, classic Encyclopedia Britannica, 11th Edition.

PROCLAMATION (Lat. proclamare, to mak...

Online Encyclopedia
Originally appearing in Volume V22, Page 417 of the 1911 Encyclopedia Britannica.
Spread the word: del.icio.us del.icio.us it!

See also:

PROCLAMATION (See also:Lat. proclamare, to make public by announcement) , in See also:English See also:law, a formal announcement (royal proclamation), made under the See also:great See also:seal, of some See also:matter which the See also:king in See also:council desires to make known to his subjects: e.g. the See also:declaration of See also:war, the statement of See also:neutrality, the summoning or See also:dissolution of See also:parliament, or the bringing into operation of the provisions of some See also:statute the enforcement of which the legislature has See also:left to the discretion of the king in council. Royal proclamations of this See also:character, made in furtherance of the executive See also:power of the See also:Crown, are binding on the subject, " where they do not either contradict the old See also:laws or tend to establish new ones, but only confine the See also:execution of such laws as are already in being in such manner as the See also:sovereign shall See also:judge necessary " (See also:Blackstone's Commentaries, ed. See also:Stephen, ii. 528; Stephen's Commentaries, 14th ed. 1903, H. 5o6, 507; See also:Dicey, Law of the Constitution, 6th ed., 51). Royal proclamations, which, although not made in pursuance of the executive See also:powers of the Crown, either See also:call upon the subject to fulfil some See also:duty which he is by law See also:bound to perform, or to abstain from any acts or conduct already prohibited by law, are lawful and right, and disobedience to them (while not of itself a See also:misdemeanour) is an See also:aggravation of the offence (see See also:charge of See also:Chief See also:Justice See also:Cockburn to the See also:grand See also:jury in R. v. See also:Eyre (1867) and See also:Case of Proclamations 161o, 12 Co. See also:Rep. 74). The Crown has from See also:time to time legislated by proclamation; and the Statute of Proclamations 1539 provided that proclamations made by the king with the assent of the council should have the force of statute law if they were not prejudicial to " any See also:person's See also:inheritance, offices, liberties, goods, chattels or See also:life." But this enactment was repealed by an See also:act of 1547; and it is certain that a proclamation purporting to be made in the exercise of legislative power by which the sovereign imposes a duty to which the subject is not by law liable, or prohibits under penalties what is not an offence at law, or adds fresh penalties to any offence, is of no effect unless itself issued in virtue of statutory authority (see also See also:ORDER IN COUNCIL). The Crown has power to legislate by proclamation for a newly conquered See also:country (Jenkyns, See also:British See also:Rule and See also:Jurisdiction beyond the Seas); and this power was freely exercised in the See also:Transvaal See also:Colony during the See also:Boer War of 1899-1902.

In the British colonies, ordinances are frequently brought into force by proclamation; certain imperial acts do not take effect in a colony until there proclaimed (e.g. the See also:

Foreign Enlistment Act 1870); and proclamations are constantly issued in furtherance of executive acts. In many British protectorates the high See also:commissioner or See also:administrator is empowered to legislate by proclamation. In the old See also:system of real See also:property law in See also:England, fines, levied with " proclamations," i.e. with successive public announcements of the transaction in open See also:court, barred the rights of strangers, as well as parties, in case they had not made claim to the property conveyed within five years thereafter (acts 1483–1484 and 1488–1489). These proclamations were originally made sixteen times, four times in the See also:term in which the See also:fine was levied, and four times in each of the three succeeding terms. Afterwards the number of proclamations was reduced to one in each of the four terms. The proclamations were endorsed on the back of the See also:record. The system was abolished by the Fines and Recoveries Act 1833. (A. W.

End of Article: PROCLAMATION (Lat. proclamare, to make public by announcement)

Additional information and Comments

There are no comments yet for this article.
» Add information or comments to this article.
Please link directly to this article:
Highlight the code below, right click, and select "copy." Then paste it into your website, email, or other HTML.
Site content, images, and layout Copyright © 2006 - Net Industries, worldwide.
Do not copy, download, transfer, or otherwise replicate the site content in whole or in part.

Links to articles and home page are always encouraged.

[back]
PROCIDA (Gr. Ilpoxi ro, Lat. Prochyta)
[next]
PROCLUS, or PROCULUS (A.D. 410-485)