Proclamations
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1616 |
| Date | 01 January 1616 |
| Court | Court of the King's Bench |
English Reports Citation: 77 E.R. 1352
King's Bench Division
[74] proclamationh. Mich. 8 Jac. 1. S. C. 2. Howel's State Trials 723. Com. Dig. Prser. D 2. D 3. Vin. Ab. Prer. S d. Gibson's Codex * 989. *991. Memorandum, that upon Thursday, 20 Sept. 8 Regis Jacobi, I was sent for to attend the Lord Chancellor, Lord Treasurer, Lord Privy Seal, and the Chancellor of the Duchy; there being present the attorney, the solicitor, and recorder: and two questions were moved to me by the Lord Treasurer; the one if the King by his proclamation may prohibit new buildings in and about London, &c.; the other, if the King may prohibit the making of starch of wheat; and the Lord Treasurer said, that these were preferred to the King as grievances, and against the law and justice: and the King hath answered, that he will confer with hia Privy Couucil, and his Judges, and then he will do right to them. To which I answered, that these questions were of great importance. 2. That they concerned the answer of the King to the body, viz. to the Commons of the House of Parliament. 3. That I did not hear of these questions until this morning at nine of the clock: for the grievances were preferred, and the answer made when I was in my circuit. And, lastly, both the proclamations, which now were shewed, were promulgated, anno 5 Jac. after my time of attorneyship: and for these reasons I did humbly desire them that I might have conference with my brethren the Judges about the answer of the King, and (a) If the property be sold by the pirates, the proceeds belong to the Grown. Case of The, Eden, 1 Hagg. Admr. Rep; 142. But the owners of the goods io that case petitioned the Treasury, who directed the proceeds to be paid over to them ; the law expenses being first deducted. t Ace. Parker...
To continue reading
Request your trialUnlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Start Your 7-day Trial
-
Mikisew Cree First Nation v. Canada (Governor General in Council), 2018 SCC 40
...1 S.C.R. 1075; Tsilhqot’in Nation v. British Columbia, 2014 SCC 44, [2014] 2 S.C.R. 257; Case of Proclamations (1611), 12 Co. Rep. 74, 77 E.R. 1352; Reference re Secession of Quebec, [1998] 2 S.C.R. 217; Reference re Remuneration of Judges of the Provincial Court of Prince Edward Island, [1......
-
Hamed v R
...50 (CA) at 62, citing RFV Heuston Essays in Constitutional Law (2nd ed, Stevens & Sons, London, 1964) at 34. 58 Proclamations' Case (1611) 12 Co Rep 74, 77 ER 1352. See also Entick v Carrington (1765) 19 St Tr 59 AV Dicey Introduction to the Study of the Law of the Constitution (10th ed, Ma......
-
Laker Airways Ltd v Department of Trade
... ... That is a fundamental principle of our constitution. It derives from two of the most respected of our authorities. In 1611 when the King, as the executive government, sought to govern by making proclamations, Sir Edward Coke declared that: "The King hath no prerogative but that which the law of the land allows him": see the Case of Proclamations (1611) 12 Coke's Reports at page 76. In 1765 Sir William Blackstone added his authority: "For prerogative consisting (as Mr. Locke has well defined it) in the ... ...
-
R (Bancoult) v Foreign Secretary (No 2)
... ... 149 Fourthly, the scope of the royal prerogative to legislate in council is "a pure question of English common law": Sammut v Strickland at p 697. The principle goes back to The Case of Proclamations (1611) 12 Co Rep 74 , 76, where Coke CJ said that "the King hath no prerogative, but that which the law of the land allows him". Lord Mansfield's six propositions in Campbell v Hall demonstrate, first, that the Crown's prerogative power to legislate in Council was not regarded as an equivalent ... ...
-
Judicial Review of Non-Statutory Executive Powers
...151 CLR 170, 218; see also Re Ditfort; Ex parte Deputy Commissioner of Taxation (1988) 19 FCR 347, 368 (Gummow J). 31 Proclamations (1611) 12 Co Rep 74; 77 ER 1352, 1354 (Sir Edward Coke). 32 Victorian Council for Civil Liberties Inc v Minister for Immigration and Multicultural Affairs (200......
-
Table of Cases
...98 ER 1045 250, 252 Carlton v Goodman [2002] EWCA Civ 545, [2002] 2 FLR 259 215 Case of Fines Coke 3 Inst 84 254 Case of Proclamations (1611) 12 Co Rep 74 252 Cassell v Broome [1972] AC 1027, [1972] 2 WLR 645, [1972] 1 All ER 801, HL 65, 69 Chadwick v British Railways Board [1967] 1 WLR 912......
-
THE RELATIONSHIP BETWEEN THE ROYAL PREROGATIVE AND STATUTE IN AUSTRALIA.
...63 CLR 73, 83 (Latham CJ), 91 (Starke J), 98-9 (Dixon J), cited in Tampa Case (n 5) 501 [31] (Black CJ). (18) Case of Proclamations (1610) 12 Co Rep 74; 77 ER 1352, 1353 (Coke CJ). See Bill of Rights 1688, 1 Wm & M sess 2, c 2. See also R (Miller) v Secretary of State for Exiting the Eu......
-
?No Politics Please, We're British': R (Miller) v The Prime Minister; Cherry and Others v Advocate General for Scotland [2019] UKSC 41
...the Crown-in-Parliament. Since the Crown now has a functionally negligible say in the matter, 76 this model gives the Houses 70 ibid. 71 12 Co Rep 74, 77 ER 1352. 72 [1920] AC 508; Fire Brigades Union (n 47). 73 David Feldman, ‘Pulling a Trigger or Starting a Journey? Brexit in the Supreme ......