| 释义 |
‖ præmunire, n. Law.|priːmjuːˈnaɪəriː|
Forms: 5–8 premunire, 6 -munyre, -menyre, -minire, 7 -muniri, -ie, (præ-, premonire, priminary), 6– præmunire.
[L. præmunīre vb., pres. inf. (in cl. L., to fortify or protect in front), in med.L. confused with and used for præmonēre to forewarn, admonish, warn, f. præ, pre- A. 1 + monēre to warn: cf. premunition. Occurring in the text of the writ, and thence taken as a name of the writ itself, and in various extended and transferred uses.]
1. (More fully præmunire facias.) A writ by which the sheriff is charged to summon a person accused, originally, of prosecuting in a foreign court a suit cognizable by the law of England, and later, of asserting or maintaining papal jurisdiction in England, thus denying the ecclesiastical supremacy of the sovereign; also, the statute of 16th Richard II, on which this writ is based.
The words in the writ (1392–3) were (Natura Brevium, 1528, 150 b) ‘precipimus quod per bonos et legales homines de balliua tua premunire facias prefatum propositum [A.B.] quod tunc sit coram nobis’ (we command that through good and loyal men of thy jurisdiction thou do [or cause to] warn the aforesaid A.B. that he appear before us).
[1383Rolls of Parlt. III. 159/2 Ceux qi sont garniz par Brief de Premunire facias..puissent apparer par lour Attornes.] 1449Ibid. V. 149/2 To have suche Processe therin, as provided in a premunire facias. a1529Skelton Col. Clout 108 That the premenyre Is lyke to be set a fyre In theyr iurisdictions. 1529More Suppl. Soulys Wks. 291/1 He layeth that doctour Alein after that he was punished by premunyre for hys contempte committed against y⊇ kinges temporal law, was therfore by y⊇ bishops highly recompensed in benefices. a1548Hall Chron., Hen. VIII 50 Hun..takynge to hym good counsayll, sued the Curate in a preminire. 1588Marprel. Epist. (Arb.) 21 A premunire will take you by the backe one day, for oppressing and tyrannizing ouer her Maiesties subiects as you doe. 1598Expos. Termes Law, Premunire is a writ, and it lyeth where any man sueth any other in the spiritual court, for any thing that is determinable in the kings court. 1608Day Law Trickes v. (1881) 75 If I haue wrongd the Prince I stand in compas of a præmonire. 1706Tindal Rights Chr. Ch. 388 Bishops..being under..a Premunire oblig'd to confirm and consecrate the Person nam'd in the Conge d'Elire. 1769Blackstone Comm. IV. viii. 115 This then is the original meaning of the offence, which we call praemunire; viz. introducing a foreign power into this land, and creating imperium in imperio, by paying that obedience to papal process, which constitutionally belonged to the king alone. 1839Keightley Hist. Eng. I. 319 In the 16th year of this Prince [Richard II] was passed the important statute of ‘præmunire’... This act received a very large interpretation from the judges and proved of great service in checking the papal usurpations. 1875Stubbs Const. Hist. xvi. II. 410 The first statute of Praemunire, declaring the forfeiture and outlawry of those who sued in foreign courts for matters cognisable in the king's courts, was an ordinance of 1353. Ibid. 415 In 1365 was passed a new statute of praemunire, definitely aimed against the jurisdiction of the papal court. 1940E. Pound Cantos lxx. 177 Treasons, felonies, new praemunires. 1961E. F. Jacob Fifteenth Cent. vi. 253 In November, after consultation with the judges, writs under the statute of Praemunire were made out against Beaufort.
†2. transf.
a. An offence against the statute of præmunire; also, any offence incurring the same penalties. Obs.
1553Act 1 Mary c. 1 (heading), An Act repealing certayne Treasons, Felonies, and Premunire. 1621H. Elsing Debates Ho. Lords App. (Camden) 134 That if the office were erected without warrant whether it were not a premunire, treason [etc.]. 1625B. Jonson Staple of N. v. vi, Lest what I ha' done to them (and against Law) Be a Premuniri. 1678Coleman in Trial of C. 63 That Bill which would have it a Premunire in a Sheriff not to raise the Posse Comitatus.
b. The penalties incurred by an offender against the statute of præmunire, which was subsequently applied to various offences not connected with its original purpose. Obs. exc. Hist.
1604R. Cawdrey Table Alph., Premunirie, forfeiture of goods. 1616Bullokar Eng. Expos., Premunire, a punishment wherein the offender loseth all his goods for euer, and libertie during life. 1656Blount Glossogr. s.v., When any man for an offence committed, shall incur a Præmunire, it is meant, he shall incur the same punishment, which is inflicted on those that transgress the Statute made Anno 16 Ric. 2 ca. 5 (commonly called the Statute of Præmunire). 1710Palmer Proverbs 256 He that did not enter into one side or other, shou'd incur somewhat like a premunire; for 'twas the forfeiture of his goods and estate, as well as the banishment of his person. 1719W. Wood Surv. Trade 367 Those Merchants whose Occasions require Sums of Money to be exported,..will, to keep themselves safe, rather give these Men 3d. 4d. 5d. nay, 6d. per Ounce more for foreign Silver, than for our own coined Silver of the same Fineness, which they dare not export for fear of the Præmunire. 1724Swift Drapier's Lett. v. Wks. 1755 V. ii. 94 A judge, who upon the criminal's appeal to the dreadful day of judgment, told him, he had incurred a premunire for appealing to a foreign jurisdiction. 1902J. Gairdner Eng. Ch. 16th Cent. viii. 141 Any subject henceforth bringing in bulls of excommunication was liable to a præmunire.
†3. A situation or condition likened (gravely or humorously) to that of one who has incurred a præmunire; a difficulty, scrape, fix, predicament.
1595Maroccus Ext. 17 But how does this landlord fall into this Præmunire? 1599Massinger, etc. Old Law v. i. 489 If the law finds you with two wives at once, There's a shrewd premunire. 1694Congreve Double-Dealer iv. viii, I'm in such a fright! the strangest quandary and premunire! 1751Smollett Per. Pic. (1779) II. xlv. 81 He would not bring himself into such a premunire again for the whole kingdom. 1814Stock Exchange Laid Open 22 It made them all, like every other set..of men in similar premunires, squeak out so loudly.
Hence præmunire |-ˈnaɪə(r)| v. trans., to issue a writ of præmunire against; to convict of breach of the statute of præmunire. Obs. exc. Hist.
1681W. Rogers 6th Pt. Chr. Quaker 23 Whil'st Isaac Pennington was in Prison, and in expectation of being premunired. 1708T. Ward Eng. Ref. (1716) 166 Horn desir'd To have good Bonner præmunir'd. a1713T. Ellwood Autobiog. (1885) 252 Swear, or lie In prison, premunired, until you die. 1884A. C. Bickley Fox xix. 291 He cast the Friend into prison and praemunired him. |