In English history, or ( or ) was the assertion or maintenance of papal jurisdiction, or any other foreign jurisdiction or claim of supremacy in

England England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...

, against the supremacy of the

monarch A monarch () is a head of stateWebster's II New College Dictionary. "Monarch". Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest ...

. The 14th-century law prohibiting this was enforced by the ''writ of '', a writ of summons from which the law takes its name. may denote the statute, the writ, or the offence. In classical Latin, it means 'to fortify' and also 'to safeguard' or 'to uphold' () 'in advance' or 'in preference' (). From antiquity, munire was also connected, by mistaken etymology, with munera, "duties", "civic obligations". In medieval Latin, was confused with and used for , to forewarn, as the writ commanded that the sheriff do () warn () the summoned person to appear before the Court. Another way of understanding the term, more revealing of its sense, and based on its proper meaning, is "to supply support for () something instead of, sooner than or before () its proper object", as someone, for instance, affording support and obedience to the papacy sooner than to the monarchy.

Background

A controversy arose between the English kings and the Court of Rome concerning the filling of ecclesiastical benefices by means of papal provisions "by which the Pope, suspending for the time the right of the patron, nominated of his own authority, to the vacant benefice" the papal nominee being called a ''provisor''.

Pope Gregory IX Pope Gregory IX (; born Ugolino di Conti; 1145 – 22 August 1241) was head of the Catholic Church and the ruler of the Papal States from 19 March 1227 until his death in 1241. He is known for issuing the '' Decretales'' and instituting the Pa ...

(1227–1241) pronounced against the propriety of such provisions as interfering with the rights of lay patrons; and

Pope Innocent IV Pope Innocent IV (; – 7 December 1254), born Sinibaldo Fieschi, was head of the Catholic Church and ruler of the Papal States from 25 June 1243 to his death in 1254. Fieschi was born in Genoa and studied at the universities of Parma and Bolo ...

expressed, in 1253, general disapprobation of these nominations. The Statute of Provisors (1306) ( 25 Edw. 3. Stat. 4), passed in the reign of

Edward I Edward I (17/18 June 1239 – 7 July 1307), also known as Edward Longshanks and the Hammer of the Scots (Latin: Malleus Scotorum), was King of England from 1272 to 1307. Concurrently, he was Lord of Ireland, and from 125 ...

, was, according to Sir

Edward Coke Sir Edward Coke ( , formerly ; 1 February 1552 – 3 September 1634) was an English barrister, judge, and politician. He is often considered the greatest jurist of the Elizabethan era, Elizabethan and Jacobean era, Jacobean eras. Born into a ...

, 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 Edward III (13 November 1312 – 21 June 1377), also known as Edward of Windsor before his accession, was King of England from January 1327 until his death in 1377. He is noted for his military success and for restoring royal authority after t ...

. 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.

Origin

The Statute of Praemunire ( 16 Ric. 2. c. 5) was passed by the

Parliament of England The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the Great Council of England, great council of Lords Spi ...

during the reign of Richard II, who purchased various loans from foreign creditors and rulers as well as bulls from

Rome Rome (Italian language, Italian and , ) is the capital city and most populated (municipality) of Italy. It is also the administrative centre of the Lazio Regions of Italy, region and of the Metropolitan City of Rome. A special named with 2, ...

in 1392. It was only one of numerous stringent measures passed for the purpose of restraining the

Holy See The Holy See (, ; ), also called the See of Rome, the Petrine See or the Apostolic See, is the central governing body of the Catholic Church and Vatican City. It encompasses the office of the pope as the Bishops in the Catholic Church, bishop ...

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 The Holy Roman Emperor, originally and officially the Emperor of the Romans (disambiguation), Emperor of the Romans (; ) during the Middle Ages, and also known as the Roman-German Emperor since the early modern period (; ), was the ruler and h ...

. 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.

Later developments

The Statute of Praemunire (the first statute so called) (1353), though especially levelled at the pretensions of the

Roman Curia The Roman Curia () comprises the administrative institutions of the Holy See and the central body through which the affairs of the Catholic Church are conducted. The Roman Curia is the institution of which the Roman Pontiff ordinarily makes use ...

, was also levelled 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.Kenny, C. ''Outlines of Criminal Law'' (

Cambridge University Press Cambridge University Press was the university press of the University of Cambridge. Granted a letters patent by King Henry VIII in 1534, it was the oldest university press in the world. Cambridge University Press merged with Cambridge Assessme ...

, 1936), 15th edition, p. 323 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 Henry VIII (28 June 149128 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is known for his Wives of Henry VIII, six marriages and his efforts to have his first marriage (to Catherine of Aragon) annulled. ...

as the

Protestant Reformation The Reformation, also known as the Protestant Reformation or the European Reformation, was a time of major theological movement in Western Christianity in 16th-century Europe that posed a religious and political challenge to the papacy and ...

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). The fall of both

Lord Chancellor The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...

Cardinal

Thomas Wolsey Thomas Wolsey ( ; – 29 November 1530) was an English statesman and Catholic cardinal (catholic), cardinal. When Henry VIII became King of England in 1509, Wolsey became the king's Lord High Almoner, almoner. Wolsey's affairs prospered and ...

and

Lord Great Chamberlain The Lord Great Chamberlain of England is the sixth of the Great Officers of State (United Kingdom), Great Officers of State, ranking beneath the Lord Privy Seal but above the Lord High Constable of England, Lord High Constable. The office of Lo ...

Thomas Cromwell Thomas Cromwell (; – 28 July 1540) was an English statesman and lawyer who served as List of English chief ministers, chief minister to King Henry VIII from 1534 to 1540, when he was beheaded on orders of the king, who later blamed false cha ...

was precipitated by a charge of praemunire. William Barlow was pardoned by the crown for the crime in 1550 when he made a visitation at Wells deanery. 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 The Church of England (C of E) is the State religion#State churches, established List of Christian denominations, Christian church in England and the Crown Dependencies. It is the mother church of the Anglicanism, Anglican Christian tradition, ...

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 The King of Hanover () was the official title of the head of state and Hereditary monarchy, hereditary ruler of the Kingdom of Hanover, beginning with the proclamation of List of British monarchs, King George III of the United Kingdom, as "King o ...

). Eventually it was decided that there was no legal obstacle to establishing formal diplomatic relations. The abolition in 1870 of forfeiture as a penalty for treason and felony did not apply to ''praemunire'' because it was a misdemeanour. As of the

Criminal Law Act 1967 The Criminal Law Act 1967 (c. 58) is an act of the Parliament of the United Kingdom that made some major changes to English criminal law, as part of wider liberal reforms by the Labour government elected in 1966. Most of it is still in force. ...

coming into effect, praemunire facias is no longer an offence in England, Wales or Northern Ireland. Afterwards, the European Communities Act 1972 extended the jurisdiction of the European Court of Justice to the United Kingdom, putting a final end to praemunire. Nevertheless, in a speech at the 2018 Conservative Party Conference, during the political controversies associated with the

Brexit negotiations Between 2017 and 2019, representatives of the United Kingdom and the European Union negotiated the terms of Brexit, the UK's planned withdrawal from membership of the EU. These negotiations arose following the decision of the Parliament of th ...

Boris Johnson Alexander Boris de Pfeffel Johnson (born 19 June 1964) is a British politician and writer who served as Prime Minister of the United Kingdom and Leader of the Conservative Party (UK), Leader of the Conservative Party from 2019 to 2022. He wa ...

claimed that the authors of the

Chequers plan The Chequers plan, officially known as ''The future relationship between the United Kingdom and the European Union (Cm 9593)'', was a UK Government white paper concerning Brexit, published on 12July 2018 by the prime minister, Theresa May. The ...

risked prosecution for ''Praemunire''. ''

The Times ''The Times'' is a British Newspaper#Daily, daily Newspaper#National, national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its modern name on 1 January 1788. ''The Times'' and its si ...

'', in a fact-check of Johnson's speech, noted that ''Praemunire'' had been repealed 51 years previously.

Acts concerning praemunire

* Suffragan Bishops Act 1534 * Act of Supremacy (Ireland) 1560 *

Habeas Corpus Act 1679 The Habeas Corpus Act 1679 ( 31 Cha. 2. c. 2) is an act of the Parliament of England passed during the reign of King Charles II. It was passed by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogati ...

Notes

References