coke proclamation mich James SC howel state trial Com dig prear d d vin ab  prer S d gibson Codex memorandum 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 they 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  attorneyship 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 and a if the  property be sell by the pirate the proceed belong to the crown case of the  bleat I Hagg Admr Rep but the owner of the good in that case petition the  treasury who direct the proceed to be pay over to they the law expense be  first deduct Acc Parker coke report er p 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 and all conclude 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 coke to which I answer that true it be that every precedent  have a commencement but when authority and precedent be want there be heed 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 a time of consideration and conference with my brother  for to weigh well be day quod to cause to stand be semel to which the  solicitor say that diverse sentence be give in the starchamber upon the  proclamation against building and that I myself have give sentence in diverse  case for the say proclamation to which I answer that precedent be to be see  and consideration to he have of this upon conference with my brother for that  melius be to run back how male to run and that indictment conclude conira law  et to cause to stand but I never hear a indictment to conclude contraregiam  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 de landibus Anglica 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 offeDCe which be not for ubinon 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  than 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 permit it  after this as a circumstance aggravate the offence but be by proclamation can  make a thing unlawful which be permit by the law before and this be well prove  by the ancient and continual form of indictment for all indictment conclude  contralegem et experience England or contra lege setstatuta c but never be see  any indictment to conclude contraregiam proclamationem so in all case the king  out of his providence and to prevent danger which it will be too late to  pievent 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 custorn upon pain of fine and imprisonment as it be hold in the Henry  proclamation b but we do find diverse precedent of proclamation which be utter  against law and reason and for that void for queen contrarationem law to lead  in are non to withhold sleigh in logical consequence a Act be make by which  foreigner be licence to merchandise within LondonRepealed by I e c coke report  er p Henry by proclamation prohibit the execution of it and that it shall be  in suspense usque ad neighbor parliament which be against law vide dor Claus  Henry proclamation in London but Henry coke 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 year domini Henry the  whorehouse 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 there 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 commonlaw be malum in  see malumprohibitum 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 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 starchamber 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