![RoyalProclamation 1715 ForArrestOf SirWilliamWyndham 3rdBaronet](https://upload.wikimedia.org/wikipedia/commons/8/8b/RoyalProclamation_1715_ForArrestOf_SirWilliamWyndham_3rdBaronet.JPG)
A proclamation (Lat. ''proclamare'', to make public by announcement) is an official declaration issued by a person of authority to make certain announcements known. Proclamations are currently used within the governing framework of some nations and are usually issued in the name of the
head of state
A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...
. A proclamation is (usually) a non-binding notice.
A general distinction is made between official proclamations from states or state organs with a binding character and proclamations from political-social groups or organizations, both of which try to win over the mood of those addressed. In addition, the procedure of proclaiming the beginning of a rule over a certain ruling territory is called a proclamation. For example, on July 26, 1581, the
Proclamation of Dutch Independence was signed which led to the creation of the
Dutch Republic
The United Provinces of the Netherlands, also known as the (Seven) United Provinces, officially as the Republic of the Seven United Netherlands (Dutch: ''Republiek der Zeven Verenigde Nederlanden''), and commonly referred to in historiography ...
in 1588, formally recognized in 1648 by the
Peace of Münster.
The announcement of the intention to marry two people, the bidding, was referred to as a "proclamation" because it was done by reading out a corresponding text during the service.
In the cities, laws, ordinances, etc. were “proclaimed” up to modern times so that they would become known and effective.
United States
The
president of the United States
The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States ...
communicates information on holidays, commemorations, special observances, trade, and policy through proclamations. After the president signs a proclamation, the White House sends it to the
Office of the Federal Register
The Office of the Federal Register is an office of the United States government within the National Archives and Records Administration.
The Office publishes the ''Federal Register'', ''Code of Federal Regulations'', ''Public Papers of the Presid ...
(OFR). The OFR numbers each proclamation consecutively as part of a series and publishes it in the daily ''
Federal Register'' shortly after receipt.
United Kingdom
In
English law, a proclamation is a formal announcement ("royal proclamation"), made under the
great seal, of some matter which the
King-in-Council or Queen-in-Council desires to make known to his or her subjects: e.g., the
declaration of war, or
state of emergency, the statement of
neutrality, the summoning or dissolution of
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
, or the bringing into operation of the provisions of some statute the enforcement of which the
legislature
A legislature is an assembly with the authority to make law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...
has left to the discretion of the king or queen
in the announcement. Proclamations are also used for declaring
bank holidays and the issuance of coinage.
Royal proclamations of this character, made in furtherance of the executive power of
the Crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...
, 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 matter as the sovereign shall judge necessary" (
Blackstone's
''Commentaries'', ed. Stephen, ii. 528;
Stephen
Stephen or Steven is a common English first name. It is particularly significant to Christians, as it belonged to Saint Stephen ( grc-gre, Στέφανος ), an early disciple and deacon who, according to the Book of Acts, was stoned to death; ...
's ''Commentaries'', 14th 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 they are 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
The ''Case of Proclamations'' English constitutional law case during the reign of King James I">UK constitutional law">English constitutional law case during the reign of King James I (1603–1625) which defined some limitations on the Royal Pr ...
'' 1610, 12 Co. Rep. 74
[England and Wales High Court (King's Bench Division) Decisions]
/ref>).
The Crown has from time to time legislated by proclamation; and the Statute of Proclamations 1539
The Proclamation by the Crown Act 1539 (31 Hen. 8 c. 8; also known as the Statute of Proclamations) was a law enacted by the English Reformation Parliament of Henry VIII. It permitted the King to legislate by decree, ordering that "traditional" pr ...
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
An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council (''Kin ...
).[
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 North America following the ]Seven Years' War
The Seven Years' War (1756–1763) was a global conflict that involved most of the European Great Powers, and was fought primarily in Europe, the Americas, and Asia-Pacific. Other concurrent conflicts include the French and Indian War (175 ...
by the Royal Proclamation of 1763
The Royal Proclamation of 1763 was issued by King George III on 7 October 1763. It followed the Treaty of Paris (1763), which formally ended the Seven Years' War and transferred French territory in North America to Great Britain. The Procla ...
and in the Transvaal Colony
The Transvaal Colony () was the name used to refer to the Transvaal region during the period of direct British rule and military occupation between the end of the Second Boer War in 1902 when the South African Republic was dissolved, and the ...
during the Second Boer War
The Second Boer War ( af, Tweede Vryheidsoorlog, , 11 October 189931 May 1902), also known as the Boer War, the Anglo–Boer War, or the South African War, was a conflict fought between the British Empire and the two Boer Republics (the South ...
1899–1902. In the British colonies, ordinances were frequently brought into force by proclamation; certain imperial acts did not take effect in a colony until they were proclaimed (e.g. the Foreign Enlistment Act 1870
The Foreign Enlistment Act 1870 (33 & 34 Vict c 90) is an Act of the Parliament of the United Kingdom that seeks to regulate mercenary activities of British citizens.
It received royal assent on 9 August 1870.
Background
There was no common la ...
); and proclamations were constantly issued in furtherance of executive acts. In many British protectorates the high commissioner or administrator was empowered to legislate by proclamation.[
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.][
On certain rare occasions, the ]herald
A herald, or a herald of arms, is an officer of arms, ranking between pursuivant and king of arms. The title is commonly applied more broadly to all officers of arms.
Heralds were originally messengers sent by monarchs or noblemen to ...
s of the College of Arms
The College of Arms, or Heralds' College, is a royal corporation consisting of professional officers of arms, with jurisdiction over England, Wales, Northern Ireland and some Commonwealth realms. The heralds are appointed by the British Sovere ...
and the Lyon Court
The Court of the Lord Lyon (the Lyon Court) is a standing court of law, based in New Register House in Edinburgh, which regulates heraldry in Scotland. The Lyon Court maintains the register of grants of arms, known as the Public Register of All ...
(or somebody else assigned to) still publicly read out certain proclamations such as the proclamation regarding the dissolution of parliament or proclamations regarding the monarch's coronation, where they are read at the steps of the Royal Exchange in London and at the Mercat Cross in Edinburgh.
See also
* Proclamation of accession of Elizabeth II
Elizabeth II was proclaimed queen throughout the Commonwealth after her father, King George VI, died in the early hours of 6 February 1952, while Elizabeth was in Kenya. Proclamations were made in different Commonwealth realms on 6, 7, 8, and 11 ...
* Proclamation of accession of Charles III
Charles III acceded to the throne of the United Kingdom and the thrones of the other Commonwealth realms upon the death of his mother, Elizabeth II, on the afternoon of 8 September 2022. Royal succession in the realms occurs immediately upon ...
* Proclamation of the People's Republic of China
The founding of the People's Republic of China was formally proclaimed by Mao Zedong, the Chairman of the Chinese Communist Party (CCP), on October 1, 1949, at 3:00 pm in Tiananmen Square in Peking, now Beijing (formerly Beiping), the new ca ...
* Proclamation Day
Proclamation Day is the name of official or unofficial holidays or other anniversaries which commemorate or mark an important proclamation. In some cases it may be the day of, or the anniversary of, the proclamation of a monarch's accession to the ...
* Proclamation For the Encouragement of Piety and Virtue __NOTOC__
King George III's Royal Proclamation For the Encouragement of Piety and Virtue, and for the Preventing and Punishing of Vice, Profaneness and Immorality exhorted the British public against sexually explicit material. It called for the sup ...
* Proclamation of the Irish Republic
A proclamation (Lat. ''proclamare'', to make public by announcement) is an official declaration issued by a person of authority to make certain announcements known. Proclamations are currently used within the governing framework of some nations ...
* Ukase
In Imperial Russia, a ukase () or ukaz (russian: указ ) was a proclamation of the tsar, government, or a religious leader ( patriarch) that had the force of law. " Edict" and "decree" are adequate translations using the terminology and concep ...
* Edict
An edict is a decree or announcement of a law, often associated with monarchism, but it can be under any official authority. Synonyms include "dictum" and "pronouncement".
''Edict'' derives from the Latin edictum.
Notable edicts
* Telepinu Pro ...
* Decree
A decree is a legal proclamation, usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law. The particular term used ...
* Presidential proclamation
A presidential proclamation is a statement issued by a US president on an issue of public policy and is a type of presidential directive.
Details
A presidential proclamation is an instrument that:
*states a condition,
*declares a law and require ...
* Letters patent
*
* Proclamation of Indonesian Independence
* Royal Proclamation of 2003
The Royal Proclamation of 2003, formally known as ''Proclamation Designating 28 July of Every Year as "A Day of Commemoration of the Great Upheaval", Commencing on 28 July 2005'', is a document issued in the name of Queen Elizabeth II acknowledg ...
References
External links
Introduction, ''Proclamations of Accession of English and British Sovereigns (1547–1952)''
Heraldica, 2007 (accessed 2 November 2013)
{{Authority control
Legal terminology