Praemunire
The word praemunire appears in the 14th-century writ of summons that commanded a sheriff to warn a person to appear before the Court. In classical Latin, the term means 'to fortify' and also 'to safeguard' or 'to uphold'. Medieval scribes confused this root with munera, which translates to duties or civic obligations. This linguistic error shaped how the law was understood for centuries. The phrase praemunire facias literally meant to forewarn someone to appear. Another interpretation suggests it means to supply support for something instead of its proper object. A person might afford obedience to the papacy sooner than to the monarchy. The Oxford English Dictionary records these definitions from its second edition published in 1989. The confusion between words created a legal concept that protected royal authority against foreign claims.
A controversy arose between English kings and the Court of Rome concerning ecclesiastical benefices filled by papal provisions. Pope Gregory IX reigned from 1227 to 1241 and pronounced against such provisions interfering with lay patrons rights. Pope Innocent IV expressed general disapproval of these nominations in 1253. The Statute of Provisors passed in 1306 under Edward I laid the foundation for subsequent statutes. Sir Edward Coke later described this statute as the basis for all future laws on the matter. The 1306 act enacted that no tax imposed by religious persons should be sent out of the country. It covered rents, tallage, tribute or any kind of imposition. This early legislation attempted to stop money flowing from England to Rome through church channels. The conflict intensified over who held the right to appoint clergy to vacant positions within the realm.
The Statute of Praemunire passed during the reign of Edward III in 1353 targeted pretensions of the Roman Curia. Parliament also passed a second major statute in the sixteenth year of Richard II's reign around 1393. Richard II purchased loans from foreign creditors and bulls from Rome in 1392. These measures aimed to restrain the Holy See and eliminate influence from foreign powers like the Holy Roman Emperor. The 1353 statute allowed two months for defendants to answer for contempt regarding transferring pleas abroad. It condemned papal translation of benefices to aliens who never dwelt in England. Cardinal appointments and other alien nominations were specifically restricted by these acts. The law stated that rights to recover presentments belonged only to the king court of old right. Three estates of the realm promised to stand with the king in all cases touching his crown. The statutes criminalized purchasing processes or sentences from the court of Rome.
The penalties attached to praemunire involved loss of all civil rights and imprisonment during royal pleasure. Defendants faced forfeiture of lands, goods and chattels under the original statutes. The offence was classified as a misdemeanour rather than treason or felony. Abolition of forfeiture for treason and felony in 1870 did not apply to praemunire charges. A person found guilty would be put out of the king protection entirely. Their lands escheated meaning they reverted to the crown automatically. The writ commanded the sheriff to warn the summoned person to appear before the Court. This legal mechanism ensured compliance through severe economic and social destruction. Imprisonment duration depended on the royal pleasure without fixed terms. Civil rights loss meant the accused could no longer hold office or inherit property.
Praemunire experienced a resurgence under Henry VIII as the Protestant Reformation unfolded. First individuals were indicted for praemunire then groups of clergy followed. Finally the entire English clergy was accused of being agents of a foreign power. Cardinal Thomas Wolsey fell due to a charge of praemunire. Lord Great Chamberlain Thomas Cromwell also met his end precipitated by this same charge. William Barlow received a pardon from the crown for the crime in 1550 after visiting Wells deanery. Henry asserted himself as Supreme Head of the Church of England in Earth under Jesus Christ. The clergy of the Church of England ceased answering to a foreign power after these actions. The law became a weapon to dismantle papal authority within the kingdom. Political rivals used these statutes to remove powerful opponents from positions of influence.
The Criminal Law Act 1967 brought into effect made praemunire facias no longer an offence in England, Wales or Northern Ireland. This abolition occurred 51 years before Boris Johnson referenced it during Brexit negotiations. In a speech at the 2018 Conservative Party Conference, Johnson claimed authors of the Chequers plan risked prosecution. The Times fact-checked that statement noting praemunire had been repealed decades earlier. During the 19th century Camerlengo communicated death of a Pope to British monarch occasionally. Compromises included conveying messages on private rather than official levels via Hanoverian minister. Eventually there was no legal obstacle to establishing formal diplomatic relations between Britain and Vatican. European Communities Act 1972 extended jurisdiction of European Court of Justice to United Kingdom. The statute remained dormant until political figures revived its name for rhetorical purposes.
Common questions
What does the word praemunire mean in classical Latin?
In classical Latin, the term praemunire means to fortify and also to safeguard or to uphold. Medieval scribes confused this root with munera which translates to duties or civic obligations.
When did the Statute of Praemunire pass during the reign of Edward III?
The Statute of Praemunire passed during the reign of Edward III in 1353. Parliament also passed a second major statute in the sixteenth year of Richard II's reign around 1393.
Who fell due to a charge of praemunire under Henry VIII?
Cardinal Thomas Wolsey fell due to a charge of praemunire. Lord Great Chamberlain Thomas Cromwell also met his end precipitated by this same charge.
What penalties were attached to praemunire under the original statutes?
Defendants faced forfeiture of lands goods and chattels under the original statutes. A person found guilty would be put out of the king protection entirely and their lands escheated meaning they reverted to the crown automatically.
When was praemunire facias no longer an offence in England Wales or Northern Ireland?
The Criminal Law Act 1967 brought into effect made praemunire facias no longer an offence in England Wales or Northern Ireland. This abolition occurred 51 years before Boris Johnson referenced it during Brexit negotiations.