Proclamation by the Crown Act 1539
Encyclopedia
The Proclamation by the Crown Act 1539 (also known as the Statute of Proclamations 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.
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.
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.
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 This council proved so incapable of doing the work that in 1547, when the Act was repealed, it made no difference to the legality of royal proclamations.
Henry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...
. 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.
The Act was once, wrongly, considered to be the height of Henry VIII
Henry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...
'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.
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.
Cromwell originally intended to allow the common-law courts to enforce these proclamations. However opposition from the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
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.