Statute of Praemunire

Last updated

Statute of Praemunire [1]
Act of Parliament
Coat of Arms of Edward III of England (1327-1377) (Attributed).svg
Long title Recital that the remedy to recover presentations is in the King's court ... Praemunire for purchasing translations bulls or any other instrument from Rome or elsewhere. [2]
Citation 16 Ric. 2. c. 5
Other legislation
Repealed by
Status: Repealed
Text of statute as originally enacted

The Statute of Praemunire (16 Ric. 2. c. 5) was an Act of the Parliament of England enacted in 1392, during the reign of Richard II. Its intention was to limit the powers of the papacy in England, by making it illegal to appeal an English court case to the pope if the king objected, or for anyone to act in a way that recognized papal authority over the authority of the king. In the 15th century it came to be read as including within its ban ecclesiastical courts inside England. [3] The statute was later reaffirmed by the Statute in Restraint of Appeals (Ecclesiastical Appeals Act 1532) in the reign of Henry VIII and was used to remove Thomas Wolsey from power. The word praemunire originally referred to the writ of summons issued against a person accused under this and similar statutes, and later came to mean offences against the statutes.

Contents

The whole Chapter was repealed by section 13 of, and Part I of Schedule 4 to, the Criminal Law Act 1967 for Great Britain and section 16 of, and Schedule 4 to, the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 for Northern Ireland).

The whole of 16 Ric 2, of which this chapter was part, was repealed for the Republic of Ireland by section 1 of, and Part 2 of the Schedule to, the Statute Law Revision Act 1983.

See also

Related Research Articles

In English history, praemunire or praemunire facias refers to a 14th-century law that prohibited the assertion or maintenance of papal jurisdiction, or any other foreign jurisdiction or claim of supremacy in England, against the supremacy of the monarch. This law was enforced by the writ of praemunire facias, a writ of summons from which the law takes its name.

<span class="mw-page-title-main">Ecclesiastical Appeals Act 1532</span> United Kingdom legislation

The Ecclesiastical Appeals Act 1532, also called the Statute in Restraint of Appeals, the Act of Appeals and the Act of Restraints in Appeals, was an Act of the Parliament of England.

<span class="mw-page-title-main">Act of Supremacy 1558</span> Statute of the English Parliament

The Act of Supremacy 1558, sometimes referred to as the Act of Supremacy 1559, is an Act of the Parliament of England, which replaced the original Act of Supremacy 1534, and passed under the auspices of Elizabeth I. The 1534 Act was issued by Elizabeth's father, Henry VIII, which arrogated ecclesiastical authority to the monarchy, but which had been repealed by Mary I. Along with the Act of Uniformity 1558, the Act made up what is generally referred to as the Elizabethan Religious Settlement.

<span class="mw-page-title-main">Ecclesiastical Licences Act 1533</span> United Kingdom legislation

The Ecclesiastical Licences Act 1533, also known as the Act Concerning Peter's Pence and Dispensations, is an Act of the Parliament of England. It was passed by the English Reformation Parliament in the early part of 1534 and outlawed the payment of Peter's Pence and other payments to Rome. The Act remained partly in force in Great Britain at the end of 2010. It is under section III of this Act, that the Archbishop of Canterbury can award a Lambeth degree as an academic degree.

<span class="mw-page-title-main">Appointment of Bishops Act 1533</span> United Kingdom legislation

The Appointment of Bishops Act 1533, also known as the Act Concerning Ecclesiastical Appointments and Absolute Restraint of Annates, is an Act of the Parliament of England.

<span class="mw-page-title-main">Act of Uniformity 1548</span> United Kingdom law of religion

The Act of Uniformity 1548, the Act of Uniformity 1549, the Uniformity Act 1548, or the Act of Equality was an Act of the Parliament of England, passed on 21 January 1549.

<span class="mw-page-title-main">Submission of the Clergy Act 1533</span> United Kingdom legislation

The Submission of the Clergy Act 1533 is an Act of the Parliament of the United Kingdom.

<span class="mw-page-title-main">Statute Law Revision Act 1948</span> United Kingdom legislation

The Statute Law Revision Act 1948 is an Act of the Parliament of the United Kingdom.

<span class="mw-page-title-main">Statutes concerning forcible entries and riots confirmed</span> United Kingdom legislation

Statutes concerning forcible entries and riots confirmed or the Forcible Entry Act 1391 (1391) was an Act of the Parliament of the Kingdom of England. It provided that the Forcible Entry Act 1381 and one or more other pieces of legislation were to be held and kept and fully executed. It also authorised any justice of the peace, who had received a complaint that such a forcible entry had been committed, to take the power of the county to arrest any person found committing forcible detainer after that forcible entry.

<span class="mw-page-title-main">Commons Act 1236</span> United Kingdom legislation

The Commons Act 1236 was an Act of the Parliament of England. It was chapter 4 of the Statute of Merton.

<span class="mw-page-title-main">Distress Act 1285</span> United Kingdom legislation

The Distress Act 1285 was an Act of the Parliament of England. It was chapter 37 of the Statute of Westminster the Second.

<span class="mw-page-title-main">Commons Act 1285</span> United Kingdom legislation

The Commons Act 1285 was an Act of the Parliament of England. It was chapter 46 of the Statute of Westminster the Second.

<span class="mw-page-title-main">Admiralty Jurisdiction Act 1391</span> United Kingdom legislation

The Admiralty Jurisdiction Act 1391 was an Act of the Parliament of England.

<span class="mw-page-title-main">Riot Act 1411</span> United Kingdom legislation

The Riot Act 1411 was an Act of the Parliament of England.

<span class="mw-page-title-main">Peeresses Act 1441</span> United Kingdom legislation

The Peeresses Act 1441 was an Act of the Parliament of England. It is sometimes referred to as the Peeresses Act 1442 or the Trial of Peeresses Act 1441 or Trial of Peeresses Act 1442

<span class="mw-page-title-main">Ecclesiastical Licences Act 1536</span> English legislation

The Ecclesiastical Licences Act 1536 was an Act of the Parliament of England.

<span class="mw-page-title-main">Clergy Marriage Act 1548</span> United Kingdom legislation

The Clergy Marriage Act 1548 was an Act of the Parliament of England. Part of the English Reformation, it abolished the prohibition on marriage of priests within the Church of England.

<span class="mw-page-title-main">Brawling Act 1553</span> United Kingdom legislation

The Brawling Act 1553 was an Act of the Parliament of England.

<span class="mw-page-title-main">Ordination of Ministers Act 1571</span> United Kingdom legislation

The Ordination of Ministers Act 1571 was an Act of the Parliament of England. Its principal provision was to require clergy of the Church of England to subscribe to the Thirty-Nine Articles of Religion.

<span class="mw-page-title-main">Ecclesiastical Jurisdiction Act 1661</span> United Kingdom legislation

The Ecclesiastical Jurisdiction Act 1661 was an Act of the Parliament of England.

References

  1. The citation of this Act by this short title was authorised by section 5 of, and Schedule 2 to, the Statute Law Revision Act 1948. Due to the repeal of those provisions, it is now authorised by section 19(2) of the Interpretation Act 1978.
  2. These words are printed against this Act in the second column of Schedule 2 to the Statute Law Revision Act 1948, which is headed "Title".
  3. Helmholz, R. H. (1985). Select Cases on Defamation to 1600. London: Seldon Society. pp. xliii.

Further reading