praemunire


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praemunire

historically, a writ charging with the offence of resorting to a foreign jurisdiction, especially to that of the Pope, in a matter determinable in a ROYAL COURT.

PRAEMUNIRE. In older to prevent the pope from assuming the supremacy in granting ecclesiastical livings, a number of statutes were made in England during the reigns of Edward I., and his successors, punishing certain acts of submission to the papal authority, therein mentioned. In the writ for the execution of these statutes, the words praemunire facias, being used, to command a citation of the party, gave not only to the writ, but to the offence itself, of maintaining the papal power, the name of praemunire. Co. Lit. 129; Jacob's L.D. h.t.

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When Parliament and the Church's Convocation met, all the clergy of the provinces of York and Canterbury were indicted for praemunire simply for exercising their jurisdiction on spiritual matters.
He discusses, for example, the importance of praemunire and the incorporation into English law of necessity and reason of state.
En el siglo XIV, en el momento en que la conciencia nacional inglesa se afirmo en las luchas de la Guerra de los Cien Anos, el peso de la fiscalia pontifica de Avignon, mas pesada aun en Inglaterra que en los otros paises, suscito energicas reacciones de parte de los soberanos britanicos, mediante el Estatuto de las Provisiones, de 1531, y el Estatuto Praemunire, de 1553.
1 set out a praemunire, or summons, and harsh sanctions for anyone who, inter alia, were to "sue in any other court, to defeat or impeach the judgements given in the King's court.
Moreover, he insisted that "in this Kingdome wee had alwaies the restraint of the Clergies intermeddling w[i]th lay causes & crimes by Prohibition & Praemunire .
Where Strafford was charged with appropriating royal power to rule despotically, Laud was condemned for attempting to create an ecclesiastical state within a state, in some ways acting in the old tradition of medieval prelates who had generally been let off with the lesser offence of praemunire (Cardinal Wolsey eleven decades earlier being a famous Tudor example).
Partly under enforcement of Praemunire legislation, common-law courts took over accusations of offenses punishable at common law, and general slurs came to constitute the only kind of defamation regularly sued in the church courts.
Papal relations and reform continue the diplomatic story, especially regarding the investiture controversy in the context of Provisors and Praemunire statutes.