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Encyclopedia > Royal Proclamation

A proclamation (Lat. proclamare, to make public by announcement) is, in English law, a formal announcement ("royal proclamation"), made under the great seal, of some matter which the king in council desires to make known to his subjects: e.g. the declaration of war, the statement of neutrality, the summoning or dissolution of Parliament, or the bringing into operation of the provisions of some statute the enforcement of which the legislature has left to the discretion of the king in council. English law, the law of England and Wales (but not Scotland and Northern Ireland), also known generally as the common law (as opposed to civil law), was exported to Commonwealth countries while the British Empire was established and maintained, and persisted after the British withdrew or were expelled, to form... The Great Seal might mean: Great Seal of Canada Great Seal of the Irish Free State Great Seal of the Realm (UK) Great Seal of the United States See also: Seal This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same title. ... A Declaration of War is a formal declaration issued by a national government indicating that a state of war exists between that nation, and one or more others. ... Neutral means balanced between two or more opposites. ... The debating chamber or hemicycle of the European Parliament in Brussels. ...


Royal proclamations of this character, made in furtherance of the executive power of the Crown, are binding on the subject, "where they do not either contradict the old laws or tend to establish new ones, but only confine the execution of such laws as are already in being in such manner as the sovereign shall judge necessary" (Blackstone's Commentaries, ed. Stephen, ii. 528; Stephen's Commentaries, I4th ed. 1903, ii. 506, 507; Dicey, Law of the Constitution, 6th ed., 51). Royal proclamations, which, although not made in pursuance of the executive powers of the Crown, either call upon the subject to fulfil some duty which he is by law 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 misdemeanour) is an aggravation of the offence (see charge of Chief Justice Cockburn to the grand jury in R. v. Eyre (1867) and Case of Proclamations 1610, 12 Co. Rep. 74).


The Crown has from 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 person's inheritance, offices, liberties, goods, chattels or life." But this enactment was repealed by an 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 order in council). The Crown has power to legislate by proclamation for a newly conquered country (Jenkyns, British Rule and Jurisdiction beyond the Seas); and this power was freely exercised in the Transvaal Colony during the Boer War. 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 Foreign Enlistment Act 1870); and proclamations are constantly issued in furtherance of executive acts. In many British protectorates the high commissioner or administrator is empowered to legislate by proclamation. An Order-in-Council is a type of legislation in the United Kingdom and certain Commonwealth countries which is formally made in the name of the Queen (or the Governor-General acting on her behalf) by the Cabinet, which is a committee of the Privy Council (the Queen-in-Council... Flag of Transvaal The Transvaal was one of the provinces of South Africa from 1910 until 1994. ... Boer guerrillas during the Second Boer War There were two Boer wars, one from December 16, 1880-March 23, 1881 and the second from October 11, 1899-May 31, 1902 both between the British and the settlers of Dutch, French and German origin (called Boers, Afrikaners or Voortrekkers) in South...


In the old system of real property law in England, fines, levied with "proclamations," i.e. with successive public announcements of the transaction in open 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 term in which the 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 record. The system was abolished by the Fines and Recoveries Act 1833.


This article incorporates text from the public domain 1911 Encyclopædia Britannica. The public domain comprises the body of all creative works and other knowledge—writing, artwork, music, science, inventions, and others—in which no person or organization has any proprietary interest. ... The Eleventh Edition of the Encyclopædia Britannica (1911) in many ways represents the sum of knowledge at the beginning of the 20th century. ...


  Results from FactBites:
 
Royal Proclamation of 1763 (1110 words)
King George's Proclamation became a key legal instrument for the establishment of colonial governments in the PROVINCE OF QUEBEC, E Florida, W Florida and Grenada.
Although these regions had been specifically designated in 1763 as outside the jurisdictional framework put in place by the Royal Proclamation, Canadian government officials recognized that the native peoples of the newly annexed territory had the same rights to their unceded ancestral lands as Indians in the UC area prior to the negotiation of treaties.
The Royal Proclamation tends to come under close scrutiny whenever there is cause to examine the legal character of aboriginal land title.
Royal Proclamation of 1763 - Wikipedia, the free encyclopedia (441 words)
The Royal Proclamation of 1763 was issued October 7, 1763 by the British government in the name of King George III to prohibit settlement by colonists beyond the Appalachian Mountains in the lands captured by Britain from France in the French and Indian War/Seven Years' War and to end exploitative purchases of American Indian land.
The proclamation established requirements that had to be met before aboriginal land could be purchased, including one that the purchase must be approved by a meeting of all members of the people selling the land.
After the American Revolutionary War, the Royal Proclamation of 1763 became a dead letter in the United States, but continued to govern the cession of aboriginal land in British North America, especially Upper Canada and Rupert's Land.
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