Praemunire
Encyclopedia
In English history
, Praemunire or Praemunire facias was a law that prohibited the assertion or maintenance of papal jurisdiction
, imperial or foreign, or some other alien jurisdiction or claim of supremacy in England
, against the supremacy of the Monarch
. This law was enforced by the Writ of Praemunire facias, a writ of summons, from which the law takes its name.
The name Praemunire may denote the statute, the writ, or the offence.
Praemunire in classical Latin means to fortify. In medieval Latin, praemunire was confused with and used for praemonere, to forewarn, as the writ commanded that the sheriff do (facias) warn (praemunire) the summoned person to appear before the Court.
during the reign of Richard II
, who purchased various loans from foreign creditors and rulers as well as bulls from Rome
in 1392. It was only one of numerous stringent measures passed for the purpose of restraining the Holy See
and all forms of papal authority in England and of eliminating in general the influence of foreign powers especially creditors and the Holy Roman Emperor
. Because the Papacy had long claimed a form of temporal supremacy over England and Ireland, from the beginning of the 14th century, papal
intervention had been particularly active, more especially in two forms. The one, the disposal of ecclesiastical benefices, before the same became vacant, to men of the pope’s own choosing; the other, the encouragement of resort to himself and his curia, rather than to the courts of the country, for legal justice.
The Statute of Provisors
(1306), passed in the reign of Edward I
, was, according to Sir Edward Coke
, the foundation of all subsequent statutes of praemunire. This statute enacted "that no tax imposed by any religious persons should be sent out of the country whether under the name of a rent, tallage
, tribute or any kind of imposition." A much greater check on the freedom of action of the popes was imposed by the Statute of Provisors (1350) and the Statute of Praemunire passed in the reign of Edward III
.
The former of these, after premising "that the Pope of Rome, accroaching to him the seignories of possession and benefices of the holy Church of the realm of England doth give and grant the same benefices to aliens which did never dwell in England, and to cardinals, which might not dwell here, and to others as well aliens as denizens, as if he had been patron or advowee of the said dignities and benefices, as he was not of right by the laws of England ..." ordained the free election of all dignities and benefices elective in the manner as they were granted by the king’s progenitors.
, was also leveled against the pretensions of any foreign power and therefore was created to maintain the independence of the crown against all pretensions against it. By it, the king "at the grievous and clamorous complaints of the great men and commons of the realm of England" enacts "that all the people of the king’s ligeance of what condition that they be, which shall draw any out of the realm in plea" or any matter of which the cognizance properly belongs to the king’s court shall be allowed two months in which to answer for their contempt of the king’s rights in transferring their pleas abroad. The penalties which were attached to the offence under this statute involved the loss of all civil rights, forfeiture of lands, goods and chattels, and imprisonment during the royal pleasure.
Many other statutes followed that of 1353, but that which was passed in the sixteenth year of Richard II
's reign is, as mentioned before, usually referred to as the Statute of Praemunire. This statute, after first stating "that the right of recovering the presentments to churches, prebends
, and other benefices . . . belongeth only to the king’s court of the old right of his crown, used and approved in the time of all his progenitors kings of England," proceeds to condemn the practice of papal translation, and after rehearsing the promise of the three estates of the realm to stand with the king in all cases touching his crown and his regality, enacts "that if any purchase or pursue, or cause to be purchased or pursued in the court of Rome, or elsewhere, any such translations, processes, and sentences of excommunications, bulls, instruments or any other things whatsoever ... he and his notaries, abettors and counsellors" shall be put out of the king's protection, and their lands escheat
.
Praemunire declined in importance, but experienced a resurgence under Henry VIII
as the Protestant Reformation
unfolded. First individuals were indicted for praemunire, then groups of clergy, and lastly the entire English clergy was accused of being agents of a foreign power (the Pope). In time, Henry asserted himself as "of the Church of England in Earth under Jesus Christ Supreme Head
", and the clergy of the Church of England
no longer answered to a foreign power.
During the 19th century the Camerlengo of the time would on occasion communicate the death of a Pope to the British Monarch (along with other rulers), and made occasional other communications. There was some discussion as to whether the Statute of Praemunire meant that no response could be made: the compromises reached included conveying messages on a 'private' rather than 'official' level, or going via the Hanoverian minister at London (responding as King of Hanover). Eventually it was decided that there was no legal obstacle to establishing formal diplomatic relations.
History of England
The history of England concerns the study of the human past in one of Europe's oldest and most influential national territories. What is now England, a country within the United Kingdom, was inhabited by Neanderthals 230,000 years ago. Continuous human habitation dates to around 12,000 years ago,...
, Praemunire or Praemunire facias was a law that prohibited the assertion or maintenance of papal jurisdiction
Temporal jurisdiction (papacy)
Temporal jurisdiction refers to past claims by the Pope to rule or have power over territory in the temporal realm of Earth, in addition to his spiritual authority as vicar of Christ. For over one millennium, popes ruled as sovereign over an amalgam of territories on the Italian peninsula known as...
, imperial or foreign, or some other alien jurisdiction or claim of supremacy in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, against the supremacy of the Monarch
Monarchy of the United Kingdom
The monarchy of the United Kingdom is the constitutional monarchy of the United Kingdom and its overseas territories. The present monarch, Queen Elizabeth II, has reigned since 6 February 1952. She and her immediate family undertake various official, ceremonial and representational duties...
. This law was enforced by the Writ of Praemunire facias, a writ of summons, from which the law takes its name.
The name Praemunire may denote the statute, the writ, or the offence.
Praemunire in classical Latin means to fortify. In medieval Latin, praemunire was confused with and used for praemonere, to forewarn, as the writ commanded that the sheriff do (facias) warn (praemunire) the summoned person to appear before the Court.
Origin
The Statute of Praemunire was passed by the Parliament of EnglandParliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
during the reign of Richard II
Richard II of England
Richard II was King of England, a member of the House of Plantagenet and the last of its main-line kings. He ruled from 1377 until he was deposed in 1399. Richard was a son of Edward, the Black Prince, and was born during the reign of his grandfather, Edward III...
, who purchased various loans from foreign creditors and rulers as well as bulls from Rome
Rome
Rome is the capital of Italy and the country's largest and most populated city and comune, with over 2.7 million residents in . The city is located in the central-western portion of the Italian Peninsula, on the Tiber River within the Lazio region of Italy.Rome's history spans two and a half...
in 1392. It was only one of numerous stringent measures passed for the purpose of restraining the Holy See
Holy See
The Holy See is the episcopal jurisdiction of the Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and...
and all forms of papal authority in England and of eliminating in general the influence of foreign powers especially creditors and the Holy Roman Emperor
Holy Roman Emperor
The Holy Roman Emperor is a term used by historians to denote a medieval ruler who, as German King, had also received the title of "Emperor of the Romans" from the Pope...
. Because the Papacy had long claimed a form of temporal supremacy over England and Ireland, from the beginning of the 14th century, papal
Pope
The Pope is the Bishop of Rome, a position that makes him the leader of the worldwide Catholic Church . In the Catholic Church, the Pope is regarded as the successor of Saint Peter, the Apostle...
intervention had been particularly active, more especially in two forms. The one, the disposal of ecclesiastical benefices, before the same became vacant, to men of the pope’s own choosing; the other, the encouragement of resort to himself and his curia, rather than to the courts of the country, for legal justice.
The Statute of Provisors
Statute of Provisors
The English statute usually called Statute of Provisors is the 25th of Edward III, St. 4 , otherwise termed "The Statute of Provisors of Benefices", or anciently De provisoribus...
(1306), passed in the reign of Edward I
Edward I of England
Edward I , also known as Edward Longshanks and the Hammer of the Scots, was King of England from 1272 to 1307. The first son of Henry III, Edward was involved early in the political intrigues of his father's reign, which included an outright rebellion by the English barons...
, was, according to Sir Edward Coke
Edward Coke
Sir Edward Coke SL PC was an English barrister, judge and politician considered to be the greatest jurist of the Elizabethan and Jacobean eras. Born into a middle class family, Coke was educated at Trinity College, Cambridge before leaving to study at the Inner Temple, where he was called to the...
, the foundation of all subsequent statutes of praemunire. This statute enacted "that no tax imposed by any religious persons should be sent out of the country whether under the name of a rent, tallage
Tallage
Tallage or talliage may have signified at first any tax, but became in England and France a land use or land tenure tax. Later in England it was further limited to assessments by the crown upon cities, boroughs, and royal domains...
, tribute or any kind of imposition." A much greater check on the freedom of action of the popes was imposed by the Statute of Provisors (1350) and the Statute of Praemunire passed in the reign of Edward III
Edward III of England
Edward III was King of England from 1327 until his death and is noted for his military success. Restoring royal authority after the disastrous reign of his father, Edward II, Edward III went on to transform the Kingdom of England into one of the most formidable military powers in Europe...
.
The former of these, after premising "that the Pope of Rome, accroaching to him the seignories of possession and benefices of the holy Church of the realm of England doth give and grant the same benefices to aliens which did never dwell in England, and to cardinals, which might not dwell here, and to others as well aliens as denizens, as if he had been patron or advowee of the said dignities and benefices, as he was not of right by the laws of England ..." ordained the free election of all dignities and benefices elective in the manner as they were granted by the king’s progenitors.
Later developments
The Statute of Praemunire (the first statute so called) (1353), though especially leveled at the pretensions of the Roman CuriaRoman Curia
The Roman Curia is the administrative apparatus of the Holy See and the central governing body of the entire Catholic Church, together with the Pope...
, was also leveled against the pretensions of any foreign power and therefore was created to maintain the independence of the crown against all pretensions against it. By it, the king "at the grievous and clamorous complaints of the great men and commons of the realm of England" enacts "that all the people of the king’s ligeance of what condition that they be, which shall draw any out of the realm in plea" or any matter of which the cognizance properly belongs to the king’s court shall be allowed two months in which to answer for their contempt of the king’s rights in transferring their pleas abroad. The penalties which were attached to the offence under this statute involved the loss of all civil rights, forfeiture of lands, goods and chattels, and imprisonment during the royal pleasure.
Many other statutes followed that of 1353, but that which was passed in the sixteenth year of Richard II
Richard II of England
Richard II was King of England, a member of the House of Plantagenet and the last of its main-line kings. He ruled from 1377 until he was deposed in 1399. Richard was a son of Edward, the Black Prince, and was born during the reign of his grandfather, Edward III...
's reign is, as mentioned before, usually referred to as the Statute of Praemunire. This statute, after first stating "that the right of recovering the presentments to churches, prebends
Prebendary
A prebendary is a post connected to an Anglican or Catholic cathedral or collegiate church and is a type of canon. Prebendaries have a role in the administration of the cathedral...
, and other benefices . . . belongeth only to the king’s court of the old right of his crown, used and approved in the time of all his progenitors kings of England," proceeds to condemn the practice of papal translation, and after rehearsing the promise of the three estates of the realm to stand with the king in all cases touching his crown and his regality, enacts "that if any purchase or pursue, or cause to be purchased or pursued in the court of Rome, or elsewhere, any such translations, processes, and sentences of excommunications, bulls, instruments or any other things whatsoever ... he and his notaries, abettors and counsellors" shall be put out of the king's protection, and their lands escheat
Escheat
Escheat is a common law doctrine which transfers the property of a person who dies without heirs to the crown or state. It serves to ensure that property is not left in limbo without recognised ownership...
.
Praemunire declined in importance, but experienced a resurgence under Henry VIII
Henry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...
as the Protestant Reformation
Protestant Reformation
The Protestant Reformation was a 16th-century split within Western Christianity initiated by Martin Luther, John Calvin and other early Protestants. The efforts of the self-described "reformers", who objected to the doctrines, rituals and ecclesiastical structure of the Roman Catholic Church, led...
unfolded. First individuals were indicted for praemunire, then groups of clergy, and lastly the entire English clergy was accused of being agents of a foreign power (the Pope). In time, Henry asserted himself as "of the Church of England in Earth under Jesus Christ Supreme Head
Supreme Governor of the Church of England
The Supreme Governor of the Church of England is a title held by the British monarchs which signifies their titular leadership over the Church of England. Although the monarch's authority over the Church of England is not strong, the position is still very relevant to the church and is mostly...
", and the clergy of the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
no longer answered to a foreign power.
During the 19th century the Camerlengo of the time would on occasion communicate the death of a Pope to the British Monarch (along with other rulers), and made occasional other communications. There was some discussion as to whether the Statute of Praemunire meant that no response could be made: the compromises reached included conveying messages on a 'private' rather than 'official' level, or going via the Hanoverian minister at London (responding as King of Hanover). Eventually it was decided that there was no legal obstacle to establishing formal diplomatic relations.