Proclamation by the Crown Act 1539

The Proclamation by the Crown Act 1539 (also known as the Statute of Proclamations^[1] or 31 Hen. VIII) was a law enacted by the English Reformation Parliament of Henry VIII. It permitted the King to legislate by decree, ordering that "traditional" proclamations (that is, any unable to impose the death penalty or forfeiture of goods) should be obeyed as "though they were made by act of parliament." In addition the act appointed machinery for their enforcement.^[2]

The Act was once, wrongly, considered to be the height of Henry VIII's despotism. The great efforts made by the King's chief minister, Thomas Cromwell, when drafting the acts of this time show that he was aware of the importance of statute and parliament.^[2]

Cromwell's natural reaction to any problem of government was to draft a bill. However, there were times when an immediate decision or temporary policy was required without having to wait for parliament. For example, in 1535 it was desired to prevent the export of currency from the realm; Cromwell insisted on finding a relevant statute, although he was relieved to hear from the judges that, in such matters, failing such a statute, the king had the power to issue a proclamation. Nevertheless Cromwell felt unsatisfied, and hence the Act of 1539, designed to give general legal sanction to royal proclamations.^[2]

Cromwell originally intended to allow the common-law courts to enforce these proclamations. However, opposition from the House of Lords forced him instead to accept a council as nominated in the act. This council proved so incapable of doing the work that in 1547, when the Act was repealed, it made no difference to the legality of royal proclamations.^[2]

Proclamations would continue to prove controversial, especially when it came to taxation in which it was seen as an arbitrary power, becoming one of the many reasons for the War of the Three Kingdoms. Restored Stuart attempts at emulating French absolutism through revival of proclamations would be a factor in causing the eventual Glorious Revolution, leading to the Bill of Rights that entrenched Parliamentary sovereignty and did away with proclamations forever.

References

↑
1 2 3 4 G.R. Elton England Under The Tudors London: Methuen, 1955, revised edition 1974: Chapter VII The Tudor Revolution: 3 Parliament

United Kingdom legislation

Pre-Parliamentary legislation	List of English statutes Charter of Liberties Magna Carta

Acts of Parliament by states preceding the Kingdom of Great Britain	Acts of the Parliament of England to 1483 1485–1601 1603–1641 Interregnum (1642–1660) 1660–1699 1700–1706 Acts of the Parliament of Scotland Acts of the Parliament of Ireland to 1700 1701–1800

Acts of Parliament of the Kingdom of Great Britain	1707–1719 1720–1739 1740–1759 1760–1779 1780–1800

Acts of Parliament of the United Kingdom of Great Britain and Ireland and the United Kingdom of Great Britain and Northern Ireland	1801–1819 1820–1839 1840–1859 1860–1879 1880–1899 1900–1919 1920–1939 1940–1959 1960–1979 1980–1999 2000 to date Halsbury's Statutes UK Statute Law Database Short titles

Church of England measures	List Church of England Assembly (Powers) Act 1919

Legislation of devolved institutions	Acts of the Scottish Parliament Acts and Measures of the National Assembly for Wales Acts of the Northern Ireland Assembly Acts of the Parliament of Northern Ireland Orders in Council for Northern Ireland

Orders-in-Council	Order in Council

Secondary legislation	United Kingdom Statutory Instruments Scottish Statutory Instruments Act of Sederunt, Act of Adjournal

This article is issued from Wikipedia - version of the Saturday, March 05, 2016. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.

Proclamation by the Crown Act 1539

References

See also