“I was sent to attend the Lord Chancellor, Lord Treasurer, Lord Privy Seal, and the Chancellor of the Duchy; there being present the attorney, the solicitor, and recorder: and two questions were moved to me by the Lord Treasurer; the one if the King by his proclamation may prohibit new buildings in and about London, etc; the other, if the King hath answered, that he will confer with his Privy Council, and his Judges, and then he will do right to them … I did humbly desire them that I might have conference with my brethren the Judges about the answer of the King, and then to make an advised answer according to law and reason.”
– The decision written by Sir Edward Coke, in the Court of King’s Bench, in the Michaelmas Term of the year 1610 – better known today as Sir Edward Coke’s “Case of Proclamations” (1610)
The Case of Proclamations was the brainchild of Sir Edward Coke, and angered King James
In 1610, Sir Edward Coke was a judge in the Court of King’s Bench. He had been appointed there by King James the First of England. The king’s Lord Chancellor approached Sir Edward Coke about a court case that Coke was then hearing. This court case is now known as the “Case of Proclamations.” When Sir Edward Coke made his decision, Coke noted the Lord Chancellor’s prior requests to him in the decision itself. The relevant part is as follows: “the Lord Chancellor said, that every precedent had first a commencement, and that he would advise the Judges to maintain the power and prerogative of the King; and in cases in which there is no authority and precedent, to leave it to the King to order in it, according to his wisdom, and for the good of his subjects, or otherwise the King would be no more than the Duke of Venice: and that the King was so much restrained in his prerogative, that it was to be feared the bonds would be broken: but to apply his medicine according to the quality of the disease: and all concluded that it should be necessary at that time to confirm the King's prerogative with our opinions, although that there were not any former precedent or authority in law: for every precedent ought to have a commencement.” (see source) Sir Edward Coke then offered his response, which would not exactly please this same King James.
Sir Edward Coke








