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See also:PRAEMUNIRE (See also:Lat. praemonere, to pre-admonish or fore-warn) , in See also:English See also:law an offence so called from the See also:introductory words of the See also:writ of See also:summons issued to the See also:defendant to See also:answer the See also:charge, "Praemunire facias A.B.," &c., i.e. " cause A.B. to be forewarned." 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 See also:statute of See also:Richard II., Purchasing bulls from See also:Rome (1392), is usually designated the Statute of Praemunire, but it is only one of numerous stringent See also:measures (some still unrepealed, and, as a See also:body, of the most confused See also:character) passed for the purpose of putting See also:restraint on the papal usurpation of authority in See also:England. From the beginning of the 14th See also: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 See also:pope's own choosing; the other, the encouragement of resort to himself and his See also:curia rather than to the courts of the See also:country. The Statute of Provisors 1306, passed in the reign of See also:Edward I., was, according to See also:Coke, the See also: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 See also:rent, See also:tallage, See also:tribute or any See also:kind of See also:imposition." A much greater check on the freedom of See also:action of the popes was imposed by the Statute of Provisors (1350-1351) 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 See also:possession and benefices of the See also:holy See also:- CHURCH
- CHURCH (according to most authorities derived from the Gr. Kvpcaxov [&wµa], " the Lord's [house]," and common to many Teutonic, Slavonic and other languages under various forms—Scottish kirk, Ger. Kirche, Swed. kirka, Dan. kirke, Russ. tserkov, Buig. cerk
- CHURCH, FREDERICK EDWIN (1826-1900)
- CHURCH, GEORGE EARL (1835–1910)
- CHURCH, RICHARD WILLIAM (1815–189o)
- CHURCH, SIR RICHARD (1784–1873)
Church of the See also:realm of England doth give and See also:- GRANT (from A.-Fr. graunter, O. Fr. greanter for creanter, popular Lat. creantare, for credentare, to entrust, Lat. credere, to believe, trust)
- GRANT, ANNE (1755-1838)
- GRANT, CHARLES (1746-1823)
- GRANT, GEORGE MONRO (1835–1902)
- GRANT, JAMES (1822–1887)
- GRANT, JAMES AUGUSTUS (1827–1892)
- GRANT, ROBERT (1814-1892)
- GRANT, SIR ALEXANDER
- GRANT, SIR FRANCIS (1803-1878)
- GRANT, SIR JAMES HOPE (1808–1895)
- GRANT, SIR PATRICK (1804-1895)
- GRANT, U
- GRANT, ULYSSES SIMPSON (1822-1885)
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 See also:patron or advowee of the said dignities and benefices, as he was not of right by the See also:laws of England . . . ," ordained the See also:free See also:election of all dignities and benefices elective in the manner as they were granted by the See also:- KING
- KING (O. Eng. cyning, abbreviated into cyng, cing; cf. O. H. G. chun- kuning, chun- kunig, M.H.G. kiinic, kiinec, kiinc, Mod. Ger. Konig, O. Norse konungr, kongr, Swed. konung, kung)
- KING [OF OCKHAM], PETER KING, 1ST BARON (1669-1734)
- KING, CHARLES WILLIAM (1818-1888)
- KING, CLARENCE (1842–1901)
- KING, EDWARD (1612–1637)
- KING, EDWARD (1829–1910)
- KING, HENRY (1591-1669)
- KING, RUFUS (1755–1827)
- KING, THOMAS (1730–1805)
- KING, WILLIAM (1650-1729)
- KING, WILLIAM (1663–1712)
king's progenitors. The Statute of Praemunire (the first statute so called) 1353, though expressly levelled at the pre-tensions of the See also:Roman curia, excludes any See also:direct reference to it in actual words. By it, the king " at the grievous and clamorous complaints of the See also:great men and See also:commons of the realm of England " enacts " that all the See also:people of the king's Iigeance of what See also:condition that they be, which shall draw any out of the realm in plea " or any See also:matter of which the See also:cognizance properly belongs to the king's See also: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 See also:civil rights, See also:forfeiture of lands, goods and . chattels, and imprisonment during the royal See also:pleasure.
Many other statutes followed that of 1353, but that passed in the sixteenth See also: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 See also:crown, used and approved in the See also:- TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
- TIME, MEASUREMENT OF
- TIME, STANDARD
time of all his progenitors See also:kings of England," proceeds to condemn the practice of papal See also: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 regalty, enacts " that if any See also:purchase or pursue, or cause to be See also:purchased or pursued in the court of Rome, or elsewhere, any such See also:translations, processes, and sentences of excommunications, bulls, See also:instruments or any other things whatsoever . . . he and his notaries, abettors and counsellors " shall be put out of the king's See also:protection, and their lands
tenements, goods and chattels forfeit to the king, and they shall be attached by their bodies or See also:process .made against them by praemunire facias. This statute, says See also:Stubbs, was one of the strongest defensive measures taken during the See also: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 See also:ancient statute concerning praemunire, until the See also:Reformation, was an See also:extension in the reign of See also:- HENRY
- HENRY (1129-1195)
- HENRY (c. 1108-1139)
- HENRY (c. 1174–1216)
- HENRY (Fr. Henri; Span. Enrique; Ger. Heinrich; Mid. H. Ger. Heinrich and Heimrich; O.H.G. Haimi- or Heimirih, i.e. " prince, or chief of the house," from O.H.G. heim, the Eng. home, and rih, Goth. reiks; compare Lat. rex " king "—" rich," therefore " mig
- HENRY, EDWARD LAMSON (1841– )
- HENRY, JAMES (1798-1876)
- HENRY, JOSEPH (1797-1878)
- HENRY, MATTHEW (1662-1714)
- HENRY, PATRICK (1736–1799)
- HENRY, PRINCE OF BATTENBERG (1858-1896)
- HENRY, ROBERT (1718-1790)
- HENRY, VICTOR (1850– )
- HENRY, WILLIAM (1795-1836)
Henry IV. (1400) of the Statute of Provisors, by which all persons who accepted any See also:provision from the pope to be exempt from canonical obedience to their proper See also:ordinary were subjected to the penalties pre-scribed. The range and description of offences subject to the penalties of praemunire were greatly widened after the Reformation, so that acts of a very See also:miscellaneous character were from time to time brought within the See also:- SCOPE (through Ital. scopo, aim, purpose, intent, from Gr. o'KOaos, mark to shoot at, aim, o ic07reiv, to see, whence the termination in telescope, microscope, &c.)
scope of enactments passed for a very different purpose. For instance, the penalties of praemunire were incurred, under an See also:act of See also:Queen See also:Elizabeth (1571), for denying the Queen's See also:title; and under an act of See also:- JAMES
- JAMES (Gr. 'IlrKw,l3or, the Heb. Ya`akob or Jacob)
- JAMES (JAMES FRANCIS EDWARD STUART) (1688-1766)
- JAMES, 2ND EARL OF DOUGLAS AND MAR(c. 1358–1388)
- JAMES, DAVID (1839-1893)
- JAMES, EPISTLE OF
- JAMES, GEORGE PAYNE RAINSFOP
- JAMES, HENRY (1843— )
- JAMES, JOHN ANGELL (1785-1859)
- JAMES, THOMAS (c. 1573–1629)
- JAMES, WILLIAM (1842–1910)
- JAMES, WILLIAM (d. 1827)
James I. the Statute of Monopolies (1623), for obtaining any stay of proceedings (other than by See also:arrest of See also:judgment or a writ of See also:error) in any suit for a See also:monopoly; under an act of See also:Charles I. (1640) the attempting to restrain the importation or making of See also:gunpowder was a praemunire; in the reign of Charles II. an act of 1661 made the asserting maliciously and advisedly, by speaking or, See also:writing, that both or either See also:house of See also:parliament has a legislative authority without the king, a praemunire. In the same reign, the Habeas Corpus Act 1679 made the committing of any See also:man to See also:prison out of the realm a praemunire, unpardonable even by the king. It thus appears that while the Crown by its See also:prerogative might at any time remit the whole or any See also:part of the See also:punishment incurred by a praemunire, an exception was made in transgressions of the Statute of Habeas Corpus.' An act of See also:- WILLIAM
- WILLIAM (1143-1214)
- WILLIAM (1227-1256)
- WILLIAM (1J33-1584)
- WILLIAM (A.S. Wilhelm, O. Norse Vilhidlmr; O. H. Ger. Willahelm, Willahalm, M. H. Ger. Willehelm, Willehalm, Mod.Ger. Wilhelm; Du. Willem; O. Fr. Villalme, Mod. Fr. Guillaume; from " will," Goth. vilja, and " helm," Goth. hilms, Old Norse hidlmr, meaning
- WILLIAM (c. 1130-C. 1190)
- WILLIAM, 13TH
William III. (1695) made serjeants, counsellors, proctors, attorneys, and all See also:officers of courts practising without having taken the proper oaths guilty of a praemunire. By the See also:Succession to the Crown Act 1707, verbally to assert the rights of a See also:person to the Crown contrary to the Acts of See also:Settlement and See also:Union is praemunire (to do so by writing or See also:printing is See also:treason). The Royal Marriages Act 1772 is the last statute which subjects anyone to the penalties of a praemunire. A peer charged with praemunire is not entitled to trial by his peers, but is to be tried by a See also:jury. The most famous See also:historical instance of a See also:prosecution of the Statute of Praemunire was that of See also:Cardinal See also:Wolsey in 1529.
AUTaoRIrIEs.—Statutes of the Realm; Coke, Institutes; See also:Collier, Ecclesiastical See also:History; See also:Hallam, Middle Ages; See also:Reeves' History of English Law; See also:Stephen's Commentaries on the Laws of England; See also:Sir J. Stephen's History of Criminal Law; Sir T. E. Tomlin's Law See also:Dictionary; Stubbs, Constitutional History. (T. A.
End of Article: PRAEMUNIRE (Lat. praemonere, to pre-admonish or fore-warn)
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