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Encyclopedia > Praemunire

Praemunire (an error, from Latin præmonere, to pre-admonish or forewarn), was an offence in English law that took its name from the introductory words of the writ of summons issued to the defendant to answer the charge, "Præmunire facias A.B.," &c., i.e. "cause A.B. to be forewarned." Praemunire also has present significance in connection with praedicatums that derive in Scotland and England, in which it can be described as anger against the communion of that which has gone before. Latin is an ancient Indo-European language originally spoken in the region around Rome called Latium. ... Royal motto (French): Dieu et mon droit (Translated: God and my right) Englands location within the British Isles Languages English (de facto) Capital London de facto Largest city London Area – Total Ranked 1st UK 130,395 km² Population – Total (mid-2004) – Total (2001 Census) – Density Ranked 1st UK 50. ... In law, a writ is a formal written order issued by a government entity in the name of the sovereign power. ... A summons is a legal document issued by a court addressed to a defendant in a legal proceeding. ... A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ...


From this, the word came to be used to denote the offences, usually ecclesiastical, prosecuted by means of such a writ, and also the penalties they incurred. The Statute of Praemunire 1392 passed by the Parliament of England during the reign of Richard II, Purchasing bulls from Rome (1392), is usually designated the Statute of Praemunire, but it is only one of numerous stringent measures (some still unrepealed, and, as a body, of the most confused character) passed for the purpose of putting restraint on the papal usurpation of authority in England. From the beginning of the 14th century papal aggression 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. The Statute of Praemunire (citation ) was an Act of the Parliament of England passed in 1392 during the reign of Richard II. It hindered appeals to the Vatican thus limiting papal authority in England. ... The Parliament of England can trace its roots back to the early medieval period. ... Richard II (January 6, 1367 – February 14, 1400) was the son of Edward the Black Prince, Prince of Wales, and Joan The Fair Maid of Kent. He was born at Bordeaux and became his fathers heir when his elder brother died in infancy. ... City motto: Senatus Populusque Romanus – SPQR (The Senate and the People of Rome) Founded 21 April 753 BC mythical, 1st millennium BC Region Latium Mayor Walter Veltroni (Left-Wing Democrats) Area  - City Proper  1285 km² Population  - City (2004)  - Metropolitan  - Density (city proper) 2,553,873 almost 4,300,000 1. ... Events December 16 - Emperor Go-Kameyama of Japan abdicates in favor of rival claimant Go-Komatsu, ending the nanboku-cho period of competing imperial courts James of Jülich is boiled alive for pretending to be a bishop and ordaining his own priests Korean founder of the Joseon Dynasty General... This 14th-century statue from south India depicts the gods Shiva (on the left) and Uma (on the right). ... The Pope (from Greek: pappas, father; from Latin: papa, Papa, father) is the head of the Catholic Church, which considers him the successor of St. ...


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. Events March 25 - Robert the Bruce becomes King of Scotland June 19 - Forces of Earl of Pembroke defeat Bruces Scottish rebels at the Battle of Methven Philip IV of France exiles all the Jews from France and confiscates their property In London, a city ordinance degrees that heating with... Edward I (June 17, 1239–July 7, 1307), popularly known as Longshanks because of his 6 foot 2 inch frame and the Hammer of the Scots (his tombstone, in Latin, read, Hic est Edwardvs Primus Scottorum Malleus, Here lies Edward I, Hammer of the Scots), achieved fame as the monarch... Sir Edward Coke Sir Edward Coke (pronounced cook) (1 February 1552–3 September 1634) was an early English colonial entrepreneur and jurist whose writings on the English common law were the definitive legal texts for some 300 years. ... Tallage or talliage (from the French a part cut out of the whole) appears to have signified at first a tax in general, but became afterwards confined in England to a special form of tax: the assessment upon cities, boroughs, and royal domains. ... Events 29 August - An English fleet personally commanded by King Edward III defeats a Spanish fleet in the battle of Les Espagnols sur Mer. ... Edward III (13 November 1312 – 21 June 1377) was one of the most successful English kings of medieval times. ...


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.


The Statute of Praemunire (the first statute so called) (1353), though expressly levelled at the pretensions of the Roman curia, excludes any direct reference to it in actual words. 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. Events The Decameron was finished by Giovanni Boccaccio. ... A Curia in early Roman times was a subdivision of the people, i. ...


Many other statutes followed that of 1353, but that 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. Richard II (January 6, 1367 – February 14, 1400) was the son of Edward the Black Prince, Prince of Wales, and Joan The Fair Maid of Kent. He was born at Bordeaux and became his fathers heir when his elder brother died in infancy. ... A prebendary is a post connected to a cathedral or collegiate church and is a type of canon. ... Escheat is an obstruction of the course of descent and the consequent reversion of property to the original grantor. ...


References

  • This article incorporates text from the 1911 Encyclopædia Britannica, a publication in the public domain.

  Results from FactBites:
 
Praemunire - LoveToKnow 1911 (864 words)
The Statute of Provisors 1306, passed in the reign of Edward I., was, according to Coke, the foundation of all subsequent statutes of praemunire.
This statute, says Stubbs, was one of the strongest defensive measures taken during the middle ages against Rome and was called for by the conduct of the pope, who had forbidden the bishops to execute the sentences of the royal courts in suits connected with ecclesiastical patronage.
The last ancient statute concerning praemunire, until the Reformation, was an extension in the reign of Henry IV.
Praemunire (352 words)
Praemunire (an error, from Latin præmonere, to pre-admonish or forewarn), was an offence in English law that took its name from the introductory words of the writ of summons issued to the defendant to answer the charge, "Præmunire facias A.B.," &c., i.e.
The statute of Richard II, Purchasing bulls from Rome (1392), is usually designated the Statute of Praemunire, but it is only one of numerous stringent measures (some still unrepealed, and, as a body, of the most confused character) passed for the purpose of putting restraint on the papal usurpation of authority in England.
of Edward I, was, according to Sir Edward Coke, the foundation of all subsequent statutes of praemunire.
  More results at FactBites »


 

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