proclamation memorand that upon Thursday September king James I be send for to  attend the lord chancellor lord treasurer lord privy seal and the chancellor  of the duchy there be present the attorney the solicitor and recorder and two  question be move to I by the lord treasurer the one if the king by his  proclamation may prohibit new building in and about London c the other if the  king may prohibit the make of starch of wheat and the lord treasurer say that  these be prefer to the king as grievance and against the law and justice and  the king have answer that he will confer with his privycouncil and his judge  and then he will do right to they to which I answer that these question be of  great importance that this concern the answer of the king to the body  videlicet to the Commons of the house of parliament that I do not hear of  these question until this morning at nine of the clock for the grievance be  prefer and the answer make when I be in my circuit and last both the  proclamation which now be show be promulgate year  James after my time of  attorney ship and for these reason I do humble desire they that I may have  conference with my brother the judge about the answer of the king then to make  a advice answer accord to law and reason to which the lord chancellor say that  every precedent have first a commencement and that he will advice the judge to  maintain the power and prerogative of the king and in case in which there be  no authority and precedent to leave it to the king to order in it accord to  his wisdom and for the good of his subject or otherwise the king will be no  more than the duke of Venice and that the king be so much restrain in his  prerogative that it be to be fear the bind will be break and the lord privy  seal say that the physician be not always bind to a precedent but to apply his  medicine accord to the quality of the disease Andallconcluded that it shall be  necessary at that time to confirm the king prerogative with our opinion  although that there be not any former precedent or authority in law for every  precedent ought to have a commencement to which I answer that true it be that  every precedent have a commencement but when authority and precedent be want  there be needs of great consideration before that any thing of novelty shall  be establish and to provide that this be not against the law of the land for I  say that the king can change any part of the commonlaw nor create any offence  by his proclamation which be not a offence before without parliament but at  this time I only desire to have time of consideration and conference with my  brother for to weigh well be day quoth to cause to stand be semel to which the  solicitor say that diverse sentence be give in the star Chamber upon the  proclamation against building and that I my self have give sentence in diverse  case for the say proclamation to which I answer that precedent be to be see  and consideration to be have of this upon conference with my brother for that  well be to run back how male to run and that indictment conclude contra law  to cause to stand but I never hear a indictment to conclude contra palace  proclamationem at last my motion be allow and the lord appoint the two chief  justice chief baron and baron Altham to have consideration of it note the king  by his proclamation or other way can change any part of the commonlaw or  statute law or the custom of the realm Henry fortescue in praise England law  cap Edward c Henry cap hic infra also the king can create any offence by his  prohibition or proclamation which be not a offence before for that be to  change the law and to make a offence which be not for Ubi non be law there non  be transgression ergo that which can be punish without proclamation can be  punish with it vide Le stat Henry cap which Act give more power to the king  then he have before and yet there it be declare that proclamation shall not  alter the law statute or custom of the realm or impeach any in his inheritance  good body life c but if a man shall be indict for a contempt against a  proclamation he shall be fine and imprison and so impeach in his body and good  vide fortescue cap c but a thing which be punishable by the law by fine and  imprisonment if the king prohibit it by his proclamation before that he will  punish it and so warn his subject of the peril of it there if he commit it  after this as a circumstance aggravate the offence but he by proclamation can  make a thing unlawful which be permit by the law before and this be well prove  by the ancient and continual from of indictment for all indictment conclude  contra law experience England or contra law to cause to stand c but never be  see any indictment to conclude contra palace proclamationem so in all case the  king out of his providence and to prevent danger which it will be too late to  prevent afterward he may prohibit they before which will aggravate the offence  if it be afterward commit and as it be a grand prerogative of the king to make  proclamation for no subject can make it without authority from the king or  lawful custom upon pain of fine and imprisonment as it be hold in the Henry  procl b but we do find diverse precedent of proclamation which be utter  against law and reason and for that void for who contra account law to lead in  are non to withhold sleigh in logical consequence a Act be make by which  foreigner be licence to merchant within London Henry by proclamation prohibit  the execution of it and that it shall be in suspense usque and neighbor  Parliamentium which be against law vide dor clause Henry call out in London  but Henry a Act of parliament be make that all the Irish people shall depart  the realm and go into Ireland before the feast of the Nativity of the bless  lady upon pain of death which be absolute in terror and be utter against the  law holinshed a dom Henry the whore house call the stew be suppress by  proclamation and sound of trumpet c in the same term it be resolve by the two  chief justice chief baron and baron Altham upon conference betwixt the lord of  the privycouncil and they that the king by his proclamation can create any  offence which be not a offence before for then he may alter the law of the  land by his proclamation in a high point for if he may create a offence where  none be upon that ensue fine and imprisonment also the law of England be  divide into three part commonlaw statute law and custom but the king  proclamation be none of they also malum or be malum in see or to hold before  that which be against law be malum in see malum to hold before be such a  offence as be prohibit by Act of parliament and not by proclamation also it be  resolve that the king have no prerogative but that which the law of the land  allow he Tribuna the common people interrangte but the king for prevention of  offence may by proclamation admonish his subject that they keep the law and do  not offend they upon punishment to be inflict by the law c last if the offence  be not punishable in the star Chamber the prohibition of it by proclamation  can make it punishable there and after this resolution no proclamation impose  fine and imprisonment be afterward make c