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praemunire : ウィキペディア英語版
praemunire
In English history, ''praemunire'' or ''praemunire facias'' was a law which prohibited the assertion or maintenance of papal jurisdiction, imperial or foreign, or some other alien 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.
The name ''praemunire'' may denote the statute, the writ, or the offence.
''Praemunire'' in classical Latin means ''to fortify''. In medieval Latin, ''praemunire'' was confused with and used for ''praemonere'', to forewarn, as the writ commanded that the sheriff do (''facias'') warn (''praemunire'') the summoned person to appear before the Court.〔Oxford English Dictionary, s.v. praemunire. Second edition, 1989.〕
==Origin==
The Statute of Praemunire (16 Ric. 2, c. 5) was passed by the Parliament of England during the reign of Richard II, who purchased various loans from foreign creditors and rulers as well as bulls from Rome in 1392. It was only one of numerous stringent measures passed for the purpose of restraining the Holy See and all forms of papal authority in England and of eliminating in general the influence of foreign powers especially creditors and the Holy Roman Emperor. Because the Papacy had long claimed a form of temporal supremacy over England and Ireland, from the beginning of the 14th century, papal intervention had been particularly active, more especially in two forms. The one, the disposal of ecclesiastical benefices, before the same became vacant, to men of the pope’s own choosing; the other, the encouragement of resort to himself and his curia, rather than to the courts of the country, for legal justice.
The Statute of Provisors (1306), passed in the reign of Edward I, was, according to Sir Edward Coke, the foundation of all subsequent statutes of ''praemunire''. This statute enacted "that no tax imposed by any religious persons should be sent out of the country whether under the name of a rent, tallage, tribute or any kind of imposition." A much greater check on the freedom of action of the popes was imposed by the Statute of Provisors (1351) and the Statute of ''Praemunire'' passed in the reign of Edward III.
The former of these, after premising "that the Pope of Rome, accroaching to him the seignories of possession and benefices of the holy Church of the realm of England doth give and grant the same benefices to aliens which did never dwell in England, and to cardinals, which might not dwell here, and to others as well aliens as denizens, as if he had been patron or advowee of the said dignities and benefices, as he was not of right by the laws of England ..." ordained the free election of all dignities and benefices elective in the manner as they were granted by the king’s progenitors.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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