Praemunire facts for kids

Praemunire was an important law in English history. It was created in the 1300s. This law stopped anyone from claiming power in England that was greater than the king's power. This included the power of the Pope or any other foreign ruler.

The law was enforced using a special order called a writ of praemunire facias. The word praemunire can mean the law itself, the special order, or the crime of breaking the law.

The word praemunire comes from a Latin word meaning "to protect" or "to strengthen." It also means "in advance" or "before." In medieval times, people sometimes confused it with "to forewarn." The idea was to protect the king's power before anyone else tried to take it. It also meant supporting someone (like the Pope) *before* supporting the king, which was seen as a problem.

Why Praemunire Was Needed

Kings in England often disagreed with the Pope in Rome. One big argument was about who could choose important church leaders. The Pope would sometimes pick people for church jobs in England. These people were called provisors.

Pope Gregory IX (who was Pope from 1227 to 1241) thought this was wrong. He felt it interfered with the rights of local church leaders. Later, Pope Innocent IV also said he didn't approve of these choices.

Early Laws Against Papal Power

The first important law was the Statute of Provisors in 1306. This happened during the time of King Edward I. This law said that no money collected by religious groups could be sent out of England. This was a way to keep wealth within the country.

A much stronger law was passed later by King Edward III. This was the Statute of Provisors in 1351. It also included the first Statute of Praemunire.

This law explained that the Pope was giving church jobs to people who didn't even live in England. Some were foreigners, and some were cardinals who couldn't live there. The law said the Pope was acting as if he owned these church jobs. But, by English law, he did not have that right. The new law made sure that church leaders in England were chosen freely. This was how the king's ancestors had always allowed it.

The Main Praemunire Law

The most famous Praemunire law was passed in 1392. This was during the reign of King Richard II. This law was one of many rules made to limit the power of the Holy See (the Pope) in England. It also aimed to reduce the influence of any other foreign powers.

For a long time, the Pope had claimed some power over England and Ireland. From the early 1300s, the Pope had been very active in two ways. First, he would choose people for church jobs even before they were empty. Second, he encouraged people to go to his court in Rome for legal problems. This meant they weren't using the English courts.

Penalties for Breaking the Law

The first Praemunire law in 1353 was aimed at the Pope's power. But it also protected the king's independence from any foreign power. It said that if anyone took a legal case out of England, they had two months to explain why.

If they broke this law, the punishments were very serious. They would lose all their civil rights. They would also lose all their land, goods, and money. They could also be put in prison for as long as the king wanted.

The law passed in King Richard II's time (1392) is often called the Statute of Praemunire. It clearly stated that the right to choose church leaders belonged only to the king's court. This had been the rule for all kings of England.

The law then said that the Pope should not be allowed to move church leaders around. It also said that if anyone bought or used any orders or letters from the Pope's court in Rome, they would be punished. This included their helpers and advisors. They would lose the king's protection, and their lands would be taken by the crown.

Praemunire and Henry VIII

The importance of Praemunire faded over time. But it became very important again during the reign of King Henry VIII. This was when the Protestant Reformation was happening.

First, individuals were accused of praemunire. Then, groups of church leaders were accused. Finally, all the English clergy (church leaders) were accused. They were seen as working for a foreign power (the Pope).

Two very powerful men, Thomas Cardinal Wolsey and Thomas Cromwell, lost their power because they were charged with praemunire. Eventually, King Henry VIII declared himself the "Supreme Head of the Church of England." After this, the church leaders in England no longer answered to the Pope.