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Praemunire

"The offense of introducing foreign authority into England, the
penalties for which were originally intended to depress the civil
power of the Pope in the kingdom."  Webster's Dictionary, 1913.

That is, serving a foreign dignitary (in this case, the Pope),
thereby committing treason.

PRAEMUNIRE (Lat. praemonere, to pre-admonish or forewarn), in English law an offence so called from the introductory words of the writ of summons issued to the defendant to answer the 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 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.

From the beginning of the l4th 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 ?nd his curia rather than to the courts of the country.

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 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 (1350-1351) 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 possession and benefices of the holy Church of the realm of England doth give and grant tbe 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 ol 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 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 regalty, 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, tenements, goods and chattels forfeit to the king, and they shall be attached by their bodies or process made against them by praemunire facias.

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 (1400) of the Statute of Provisors, by which all persons who accepted any provision from the pope to be exempt from canonical obedience to their proper ordinary were subjected to the penalties prescribed.

The range and description of offences subject to the penalties of praemunire were greatly widened after the Reformation, so that acts of a very miscellaneous character were from time to time brought within the scope of enactments passed for a very different purpose. For instance, the penalties of praemunire were incurred, under an act of Queen Elizabeth (1571), for denying the Queen's title; and under an act of James I, the Statute of Monopolies (1623), for obtaining any stay of proceedings (other than by arrest of judgment or a writ of error) in any suit for a monopoly; under an act of Charles I (1640) the attempting to restrain the importation or making of gunpowder was a praemunire; in the reign of Charles II an act of 1661 made the asserting maliciously and advisedly, by speaking or writing, that both or either house of parliament has a legislative authority without the king, a praemunire. In the same reign, the Habeas Corpus Act 1679 made the committing of any man to prison out of the realm a praemunire, unpardonable even by the king.

It thus appears that while the Crown by its prerogative might at any time remit the whole or any part of the punishment incurred by a praemunire, an exception was made in transgressions of the Statute of Habeas Corpus. An act of William III (1695) made Serjeants, counsellors, proctors, attorneys, and all officers of courts practising without having taken the proper oaths guilty of a praemunire. By the Succession to the Crown Act 1707, verbally to assert the rights of a person to the Crown contrary to the Acts of Settlement and Union is praemunire (to do so by writing or printing is 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 jury.

The most famous historical instance of a prosecution of the Statute of Praemunire was that of Cardinal Wolsey in 1529.




      Excerpted from:

      The Encyclopaedia Britannica. Vol XXII.
      New York: The Encyclopaedia Britannica Company, 1911. 242-243.




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This page was created on April 26, 2009. Last updated February 21, 2023.







Index of Encyclopedia Entries:

Medieval Cosmology
Prices of Items in Medieval England

Edward II
Isabella of France, Queen of England
Piers Gaveston
Thomas of Brotherton, E. of Norfolk
Edmund of Woodstock, E. of Kent
Thomas, Earl of Lancaster
Henry of Lancaster, Earl of Lancaster
Henry of Grosmont, Duke of Lancaster
Roger Mortimer, Earl of March
Hugh le Despenser the Younger
Bartholomew, Lord Burghersh, elder

Hundred Years' War (1337-1453)

Edward III
Philippa of Hainault, Queen of England
Edward, Black Prince of Wales
John of Eltham, Earl of Cornwall
The Battle of Crécy, 1346
The Siege of Calais, 1346-7
The Battle of Poitiers, 1356
Lionel of Antwerp, Duke of Clarence
John of Gaunt, Duke of Lancaster
Edmund of Langley, Duke of York
Thomas of Woodstock, Gloucester
Richard of York, E. of Cambridge
Richard Fitzalan, 3. Earl of Arundel
Roger Mortimer, 2nd Earl of March
The Good Parliament, 1376
Richard II
The Peasants' Revolt, 1381
Lords Appellant, 1388
Richard Fitzalan, 4. Earl of Arundel
Archbishop Thomas Arundel
Thomas de Beauchamp, E. Warwick
Robert de Vere, Earl of Oxford
Ralph Neville, E. of Westmorland
Thomas Mowbray, Duke of Norfolk
Edmund Mortimer, 3. Earl of March
Roger Mortimer, 4. Earl of March
John Holland, Duke of Exeter
Michael de la Pole, E. Suffolk
Hugh de Stafford, 2. E. Stafford
Henry IV
Edward, Duke of York
Edmund Mortimer, 5. Earl of March
Henry Percy, Earl of Northumberland
Sir Henry Percy, "Harry Hotspur"
Thomas Percy, Earl of Worcester
Owen Glendower
The Battle of Shrewsbury, 1403
Archbishop Richard Scrope
Thomas Mowbray, 3. E. Nottingham
John Mowbray, 2. Duke of Norfolk
Thomas Fitzalan, 5. Earl of Arundel
Henry V
Thomas, Duke of Clarence
John, Duke of Bedford
Humphrey, Duke of Gloucester
John Talbot, Earl of Shrewsbury
Richard, Earl of Cambridge
Henry, Baron Scrope of Masham
William de la Pole, Duke of Suffolk
Thomas Montacute, E. Salisbury
Richard Beauchamp, E. of Warwick
Henry Beauchamp, Duke of Warwick
Thomas Beaufort, Duke of Exeter
Cardinal Henry Beaufort
John Beaufort, Earl of Somerset
Sir John Fastolf
John Holland, 2. Duke of Exeter
Archbishop John Stafford
Archbishop John Kemp
Catherine of Valois
Owen Tudor
John Fitzalan, 7. Earl of Arundel
John, Lord Tiptoft

Charles VII, King of France
Joan of Arc
Louis XI, King of France
Charles the Bold, Duke of Burgundy
The Battle of Agincourt, 1415
The Battle of Castillon, 1453



The Wars of the Roses 1455-1485
Causes of the Wars of the Roses
The House of Lancaster
The House of York
The House of Beaufort
The House of Neville

The First Battle of St. Albans, 1455
The Battle of Blore Heath, 1459
The Rout of Ludford, 1459
The Battle of Northampton, 1460
The Battle of Wakefield, 1460
The Battle of Mortimer's Cross, 1461
The 2nd Battle of St. Albans, 1461
The Battle of Towton, 1461
The Battle of Hedgeley Moor, 1464
The Battle of Hexham, 1464
The Battle of Edgecote, 1469
The Battle of Losecoat Field, 1470
The Battle of Barnet, 1471
The Battle of Tewkesbury, 1471
The Treaty of Pecquigny, 1475
The Battle of Bosworth Field, 1485
The Battle of Stoke Field, 1487

Henry VI
Margaret of Anjou
Richard Plantagenet, Duke of York
Edward IV
Elizabeth Woodville
Richard Woodville, 1. Earl Rivers
Anthony Woodville, 2. Earl Rivers
Jane Shore
Edward V
Richard III
George, Duke of Clarence

Ralph Neville, 2. Earl of Westmorland
Richard Neville, Earl of Salisbury
Richard Neville, Earl of Warwick
Edward Neville, Baron Bergavenny
William Neville, Lord Fauconberg
Robert Neville, Bishop of Salisbury
John Neville, Marquis of Montagu
George Neville, Archbishop of York
John Beaufort, 1. Duke Somerset
Edmund Beaufort, 2. Duke Somerset
Henry Beaufort, 3. Duke of Somerset
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Margaret Beaufort
Edmund Tudor, Earl of Richmond
Jasper Tudor, Earl of Pembroke
Humphrey Stafford, D. Buckingham
Henry Stafford, Duke of Buckingham
Humphrey Stafford, E. of Devon
Thomas, Lord Stanley, Earl of Derby
Sir William Stanley
Archbishop Thomas Bourchier
Henry Bourchier, Earl of Essex
John Mowbray, 3. Duke of Norfolk
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John Howard, Duke of Norfolk
Henry Percy, 2. E. Northumberland
Henry Percy, 3. E. Northumberland
Henry Percy, 4. E. Northumberland
William, Lord Hastings
Henry Holland, Duke of Exeter
William Fitzalan, Earl of Arundel
William Herbert, 1. Earl of Pembroke
John de Vere, 12th Earl of Oxford
John de Vere, 13th Earl of Oxford
Thomas de Clifford, 8. Baron Clifford
John de Clifford, 9. Baron Clifford
John Tiptoft, Earl of Worcester
Thomas Grey, 1. Marquis Dorset
Sir Andrew Trollop
Archbishop John Morton
Edward Plantagenet, E. of Warwick
John Talbot, 2. E. Shrewsbury
John Talbot, 3. E. Shrewsbury
John de la Pole, 2. Duke of Suffolk
John de la Pole, E. of Lincoln
Edmund de la Pole, E. of Suffolk
Richard de la Pole
John Sutton, Baron Dudley
James Butler, 5. Earl of Ormonde
Sir James Tyrell
Edmund Grey, first Earl of Kent
George Grey, 2nd Earl of Kent
John, 5th Baron Scrope of Bolton
James Touchet, 7th Baron Audley
Walter Blount, Lord Mountjoy
Robert Hungerford, Lord Moleyns
Thomas, Lord Scales
John, Lord Lovel and Holand
Francis Lovell, Viscount Lovell
Sir Richard Ratcliffe
William Catesby
Ralph, 4th Lord Cromwell
Jack Cade's Rebellion, 1450


Tudor Period

King Henry VII
Queen Elizabeth of York
Arthur, Prince of Wales
Lambert Simnel
Perkin Warbeck
The Battle of Blackheath, 1497

King Ferdinand II of Aragon
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Maximilian I, Holy Roman Emperor

King Henry VIII
Queen Catherine of Aragon
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Queen Catherine Howard
Queen Katherine Parr

King Edward VI
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Queen Elizabeth I
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Margaret Tudor, Queen of Scotland
James IV, King of Scotland
The Battle of Flodden Field, 1513
James V, King of Scotland
Mary of Guise, Queen of Scotland

Mary Tudor, Queen of France
Louis XII, King of France
Francis I, King of France
The Battle of the Spurs, 1513
Field of the Cloth of Gold, 1520
Charles V, Holy Roman Emperor
Eustace Chapuys, Imperial Ambassador
The Siege of Boulogne, 1544

Cardinal Thomas Wolsey
Archbishop Thomas Cranmer
Thomas Cromwell, Earl of Essex
Thomas, Lord Audley
Thomas Wriothesley, E. Southampton
Sir Richard Rich

Edward Stafford, D. of Buckingham
Thomas Howard, 2nd Duke of Norfolk
Thomas Howard, 3rd Duke of Norfolk
John Dudley, Duke of Northumberland
Charles Brandon, Duke of Suffolk
Thomas Boleyn, Earl of Wiltshire
George Boleyn, Viscount Rochford
John Russell, Earl of Bedford
Thomas Grey, 2. Marquis of Dorset
Henry Grey, D. of Suffolk
Charles Somerset, Earl of Worcester
George Talbot, 4. E. Shrewsbury
Francis Talbot, 5. E. Shrewsbury
Henry Algernon Percy,
     5th Earl of Northumberland
Henry Algernon Percy,
     6th Earl of Northumberland
Ralph Neville, 4. E. Westmorland
Henry Neville, 5. E. Westmorland
William Paulet, Marquis of Winchester
Sir Francis Bryan
Sir Nicholas Carew
John de Vere, 15th Earl of Oxford
John de Vere, 16th Earl of Oxford
Thomas Seymour, Lord Admiral
Edward Seymour, Protector Somerset
Margaret Pole, Countess of Salisbury
Henry Pole, Lord Montague
Sir Geoffrey Pole
Thomas Manners, Earl of Rutland
Henry Manners, Earl of Rutland
Henry Bourchier, 2. Earl of Essex
Robert Radcliffe, 1. Earl of Sussex
Henry Radcliffe, 2. Earl of Sussex
George Hastings, Earl of Huntingdon
Henry Courtenay, Marquis of Exeter
George Neville, Baron Bergavenny
Sir Edward Neville
William, Lord Paget
William Sandys, Baron Sandys
William Fitzwilliam, E. Southampton
Sir Anthony Browne
Sir Thomas Wriothesley
Sir William Kingston
George Brooke, Lord Cobham
Sir Richard Southwell
Thomas Fiennes, 9th Lord Dacre
Sir Francis Weston
Henry Norris
Lady Jane Grey
Sir Thomas Arundel
Sir Richard Sackville
Sir William Petre
Sir John Cheke
Walter Haddon, L.L.D
Sir Peter Carew
Sir John Mason
Nicholas Wotton
John Taylor
Sir Thomas Wyatt, the Younger

Cardinal Lorenzo Campeggio
Cardinal Reginald Pole
Stephen Gardiner, Bishop of Winchester
Edmund Bonner, Bishop of London
Nicholas Ridley, Bishop of London
John Hooper, Bishop of Gloucester
John Aylmer, Bishop of London
Thomas Linacre
William Grocyn
Archbishop William Warham
Cuthbert Tunstall, Bishop of Durham
Richard Fox, Bishop of Winchester
Edward Fox, Bishop of Hereford

Pope Julius II
Pope Leo X
Pope Clement VII
Pope Paul III
Pope Pius V

Pico della Mirandola
Desiderius Erasmus
Martin Bucer
Richard Pace
Christopher Saint-German
Thomas Tallis
Elizabeth Barton, the Nun of Kent
Hans Holbein, the Younger
The Sweating Sickness

Dissolution of the Monasteries
Pilgrimage of Grace, 1536
Robert Aske
Anne Askew
Lord Thomas Darcy
Sir Robert Constable

Oath of Supremacy
The Act of Supremacy, 1534
The First Act of Succession, 1534
The Third Act of Succession, 1544
The Ten Articles, 1536
The Six Articles, 1539
The Second Statute of Repeal, 1555
The Act of Supremacy, 1559
Articles Touching Preachers, 1583

Queen Elizabeth I
William Cecil, Lord Burghley
Robert Cecil, 1st Earl of Salisbury
Sir Francis Walsingham
Sir Nicholas Bacon
Sir Thomas Bromley

Robert Dudley, Earl of Leicester
Ambrose Dudley, Earl of Warwick
Henry Carey, Lord Hunsdon
Sir Thomas Egerton, Viscount Brackley
Sir Francis Knollys
Katherine "Kat" Ashley
Lettice Knollys, Countess of Leicester
George Talbot, 6. E. of Shrewsbury
Elizabeth, Countess of Shrewsbury
Gilbert Talbot, 7. E. of Shrewsbury
Sir Henry Sidney
Sir Robert Sidney
Archbishop Matthew Parker
Walter Devereux, 1st Earl of Essex
Robert Devereux, 2nd Earl of Essex
Penelope Devereux, Lady Rich
Sir Christopher Hatton
Edward Courtenay, E. Devonshire
Edward Manners, 3rd Earl of Rutland
Thomas Radcliffe, 3. Earl of Sussex
Henry Radcliffe, 4. Earl of Sussex
Robert Radcliffe, 5. Earl of Sussex
William Parr, Marquis of Northampton
Henry Wriothesley, 2. Southampton
Henry Wriothesley, 3. Southampton
Charles Neville, 6. E. Westmorland
Thomas Percy, 7. E. Northumberland
Henry Percy, 8. E. Northumberland
Henry Percy, 9. E. Nothumberland
William Herbert, 1. Earl of Pembroke
Charles, Lord Howard of Effingham
Thomas Howard, 4th Duke of Norfolk
Henry Howard, 1. Earl of Northampton
Thomas Howard, 1. Earl of Suffolk
Henry Hastings, 3. E. of Huntingdon
Edward Manners, 3rd Earl of Rutland
Roger Manners, 5th Earl of Rutland
Francis Manners, 6th Earl of Rutland
Henry FitzAlan, 12. Earl of Arundel
Thomas, Earl Arundell of Wardour
Edward Somerset, E. of Worcester
William Davison
Sir Walter Mildmay
Sir Ralph Sadler
Sir Amyas Paulet
Gilbert Gifford
Anthony Browne, Viscount Montague
François, Duke of Alençon & Anjou

Mary, Queen of Scots
Henry Stuart, Lord Darnley
James Hepburn, Earl of Bothwell
Anthony Babington and the Babington Plot
John Knox

Philip II of Spain
The Spanish Armada, 1588
Sir Francis Drake
Sir John Hawkins

William Camden
Archbishop Whitgift
Martin Marprelate Controversy
John Penry (Martin Marprelate)
Richard Bancroft, Archbishop of Canterbury
John Dee, Alchemist

Philip Henslowe
Edward Alleyn
The Blackfriars Theatre
The Fortune Theatre
The Rose Theatre
The Swan Theatre
Children's Companies
The Admiral's Men
The Lord Chamberlain's Men
Citizen Comedy
The Isle of Dogs, 1597

Common Law
Court of Common Pleas
Court of King's Bench
Court of Star Chamber
Council of the North
Fleet Prison
Assize
Attainder
First Fruits & Tenths
Livery and Maintenance
Oyer and terminer
Praemunire


The Stuarts

King James I of England
Anne of Denmark
Henry, Prince of Wales
The Gunpowder Plot, 1605
George Villiers, 1st Duke of Buckingham
Robert Carr, Earl of Somerset
Arabella Stuart, Lady Lennox

William Alabaster
Bishop Hall
Bishop Thomas Morton
Archbishop William Laud
John Selden
Lucy Harington, Countess of Bedford
Henry Lawes

King Charles I
Queen Henrietta Maria

Long Parliament
Rump Parliament
Kentish Petition, 1642

Thomas Wentworth, Earl of Strafford
John Digby, Earl of Bristol
George Digby, 2nd Earl of Bristol
Thomas Fairfax, 3rd Lord Fairfax
Robert Devereux, 3rd E. of Essex
Robert Sidney, 2. E. of Leicester
Algernon Percy, E. of Northumberland
Henry Montagu, Earl of Manchester
Edward Montagu, 2. Earl of Manchester

The Restoration

King Charles II
King James II
Test Acts

Greenwich Palace
Hatfield House
Richmond Palace
Windsor Palace
Woodstock Manor

The Cinque Ports
Mermaid Tavern
Malmsey Wine
Great Fire of London, 1666
Merchant Taylors' School
Westminster School
The Sanctuary at Westminster
"Sanctuary"


Images:

Chart of the English Succession from William I through Henry VII

Medieval English Drama

London c1480, MS Royal 16
London, 1510, the earliest view in print
Map of England from Saxton's Descriptio Angliae, 1579
London in late 16th century
Location Map of Elizabethan London
Plan of the Bankside, Southwark, in Shakespeare's time
Detail of Norden's Map of the Bankside, 1593
Bull and Bear Baiting Rings from the Agas Map (1569-1590, pub. 1631)
Sketch of the Swan Theatre, c. 1596
Westminster in the Seventeenth Century, by Hollar
Visscher's View of London, 1616
Larger Visscher's View in Sections
c. 1690. View of London Churches, after the Great Fire
The Yard of the Tabard Inn from Thornbury, Old and New London




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