Praemunire.

  1. THere can be no Praemunire. A Praemunire (so call’d from the word Praemunire facias) was when a Man laid an Action in an Ecclesiastical Court, for which he could have no remedy in any of the King’s Courts; that is, in the Courts of Common Law, by reason the Eccle∣siastical Courts before Henry the Eighth were subordinate to the Pope, and so it was contra coronam & dignitatem Regis; but now the Ecclesiastical Courts are equally subordinate to the King. There∣fore it cannot be contra coronam & dig∣nitatem Regis, and so no Praemunire.

Prerogative.

  1. PRerogative is something that can be told what it is, not something that has no Name. Just as you see the Archbishop has his Prerogative Court, but we know what is done in that Court. So the King’s Prerogative is not his will, or what Divines make it a power, to do what he lists.

  2. The King’s Prerogative, that is, the King’s Law. For example, if you ask whether a Patron may present to a Living after six Months by Law? I answer no. If you ask whether the King may? I an∣swer he may by his Prerogative, that is by the Law that concerns him in that case.

Back to contents