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Praemunire


In English history, praemunire or praemunire facias was a 14th-century law which 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.

The Statute of Praemunire (16 Ric. 2, c. 5) was passed by the Parliament of England 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 (1351) and the Statute of Praemunire passed in the reign of Edward III.


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