Page:Prerogatives of the Crown.djvu/125

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Ch.VlLSec.IV.j rroclamalions, ' loS unconnected with state affairs («). This is strongly iUustrated by the case of Sir Edward Knightly [b executor of Sir Wil- liam Spencer, who was fined and imprisoned for making pro- clamation in certain market towns, publicly and without any authority, that the creditors of the deceased should come in by a certain day and prove their debts. However a subject as a mayor of a town, &c. may by custom, ratione privilegiiy possess this right (r). The King may, by proclamation, call or dissolve Parlia- ment, declare war or peace, promulgate blockades, authorize the Lords of the Admiralty to grant letters of marque and re- prisals {d) ; appoint fasts, and days of thanksgiving and humi- liation ; enjoin the reading of a form of prayer in all churches and chapels within his Majesty's dominions (^); or legitimate foreign coin, and make it current money of this kingdom, ac- cording to the value imposed by such proclamation [f). So, as the King may prohibit any of his subjects from leaving the kingdom (^), a proclamation forbidding this in general for certain time, by laying an embargo upon all shipping in time of war, &c. and in case of necessity, is obligatory upon, and must be attended to by his Majesty's subjects (//). But, as the King cannot restrain trade where the laws do not, a proclama- tion to lay an embargo in time of peace upon all vessels laden with wheat (though in the time of a public scarcity), being contrary to law(2), and particularly to the statute 22 Car. 2. c. 13. the advisers of such a proclamation, and all persons acting under it, found it necessary to be indemnified by a spe- cial Act of Parliament (/^). So where an act was passed, by which foreigners were permitted to trade with London, and Henry the Fourth, by proclamation, prohibited the execution of the Act, and ordered that it should be suspended, usque ad proximum parliamentum, this was held to be against law(Z). (a) 12 Co. 75. Bro. Ah. title Pro- Co. Lit. 207. Hal. P. C. 16% 192,210. clamation, pi. 1. Crom. Jur. 41. 5 Dav. 21. Post. ch. 10. Term R. 442. (g) See ante, ch. 2. s. 3. (b) Bro. A b. Proclamation, pi. 10. (k) 4 Mod. 177, 179. See post. ch. (c) 12 Co. Bro. Ab. Crom. .Tur. ubi 10. supra. Wood's Inst. 20. (j) Sec post. ch. 10. 2 Inst. 63. (d) 5 Bac. Ab. 55, title Prerogative, {k) 7 Geo. 3. c. 7.; see 1 Bla. Com. D. 8. 270,271. Post. ch. 10. (0 Comp. Incumb. 354. (/) 12 Co. 75. (/) See 3 Inst. 16«. 5 Co. 114, b. A pro-