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Simple English definitions for legal terms
praemunire
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A quick definition of praemunire:
Term: PRAEMUNIRE
Definition: Praemunire is a word that means doing something against the king's rules. It comes from a time when the king of England, Edward I, wanted to stop the pope from having too much power in England. If someone did something that went against the king's rules, like asking the pope for help instead of the king, they could be charged with praemunire. This was a serious crime and could result in punishment like fines or even imprisonment.
A more thorough explanation:
Definition: Praemunire is a historical criminal offense that means obeying an authority other than the king. It comes from the Latin word "praemoneri" which means "to be forewarned".
During the reign of Edward I (1272-1307), he wanted to reduce the influence of the Pope in England. He created the writ of praemunire, which was used to punish people who disobeyed the king's authority. The writ's initial words were "praemunire facias" which means "that you cause to be forewarned".
There were two types of praemunire. The first was to appeal to the Pope instead of the monarch. The second was to bring a lawsuit in a temporal court instead of a royal court. This was because the monarch wanted all fines levied as punishment to go to the royal coffers, not those of the church.
Example: If a person in medieval England appealed to the Pope instead of the king, they could be charged with praemunire. This meant they were disobeying the king's authority and could be punished.
Example: Another example of praemunire was if a person brought a lawsuit in a church court instead of a royal court. This was because the church court was seen as more lenient and the fines would go to the church instead of the king.
These examples illustrate how praemunire was used to maintain the king's authority and reduce the power of the church in medieval England.