Friday, April 4, 2025

Proclamations

There is something innately attractive in the power of a single pen, especially for a ruler with tyrannical tendencies -- why bother with Parliaments and Legislatures when one can simply command one's subjects to obedience in whatever matter one wishes? One sovereign who was especially attracted to this option was Henry VIII, who issued three hundred and eighty-seven of them; in them, the king -- always speaking with a royal "we" -- commanded obedience in everything from prohibiting heretical books to setting the prices charged by fishmongers to declaring war on France. In his use of these instruments, Henry enjoyed several advantages over previous monarchs, the foremost of which was the invention of the printing press. Richard Pynson, appointed printer to Henry VII, continued in that role with his successor, receiving an annuity of £4. His royal appointment also came in handy when the King was in a book-banning mood, as an exception was always made for his Majesty's printer.

It's not certain how many copies of any given proclamation were printed, but the records seem to indicate that enough were made so that, in each of the several key cities and market towns of England, a copy could be posted by the market cross for all to see. Of course, at a time when literacy rates were quite low, their direct effect may have been limited, but it was often commanded that they be read aloud, that all would understand. In several instances, they were first promulgated in London with a fanfare of trumpets before being read aloud, presumably in stentorian tones. They were, at the same time, sometimes subject to later defacement or theft, in some cases leading to charges against those responsible.

Along those lines, on key question about proclamations was how they were to be enforced. If, as it happened, the proclamation specifically instructed the King's agents or local authorities to act, they would of course have complied, but in other cases it's much less clear -- how, for instance, were women to be prevented from reading Holy Scripture aloud, or punished if they did? One venue available to Henry VIII was his own special tribunal, the Court of Star Chamber, and indeed its records contain numerous actions brought against persons who disregarded a proclamation. In one instance, regarding a proclamation of 1530 "Prohibiting Erroneous Books and Bible Translations," it was noted that one "John Croker" was "cited for keeping a New Testament contrary to the King's proclamation." Readers of Hilary Mantel's historical novels, or viewers of their BBC adaptations, will not be surprised to learn that Thomas Cromwell, who sat in the Star Chamber court, was particularly concerned with any visible instances of non-compliance; the court's records include prosecutions for subjects for shipping all manner of goods -- barley, corn, beer, and other grains -- "contrary to proclamation."

And yet, from the King and Cromwell's perspective, it apparently seemed that the enforcement mechanism of these proclamations was not as robust as was needed, since in 1539 they drafted, and Parliament passed, the "Proclamation by the Crown" act -- giving the King's edicts the same force as if they had been Parliamentary statutes. Blackstone, in his Commentaries, called it ""a statute, which was calculated to introduce the most despotic tyranny; and which must have proved fatal to the liberties of this kingdom, had it not been luckily repealed." This repeal did not, of course, prevent proclamations from being issued; my three-volume set of Tudor Royal Proclamations goes up through a proclamation of 1553,  the final year of Edward VI's brief reign, which was promulgated on June 28th; a week later, Edward was dead. The proclamation permitted merchants to carry £4 out of the realm.