Proclamation by the Crown Act 1539: Difference between revisions
No edit summary |
No edit summary |
||
| Line 1: | Line 1: | ||
The '''Proclamation by the Crown Act 1539''' ( |
The '''Proclamation by the Crown Act 1539''' (also known as the '''Statute of Proclamations'''<ref>[http://www.parliament.uk/site-information/glossary/henry-viii-clauses/]</ref> 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.<ref name=VII3> [[G.R. Elton]] ''England Under The Tudors'' London: Methuen, 1955, revised edition 1974: Chapter VII The Tudor Revolution: 3 Parliament</ref> |
||
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.<ref name=VII3/> |
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.<ref name=VII3/> |
||
Revision as of 15:10, 22 May 2010
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 Henry's realm; Cromwell insisted on finding a relevant statute, although he was relieved to hear from the judges that, in such a matters, failing a such 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]
References
See also
  | This article relating to law in the United Kingdom, or its constituent jurisdictions, is a stub. You can help Wikipedia by expanding it. |