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单词 praemunire facias
释义

praemunire faciasn.

Brit. /ˌpriːmjᵿˈnɪərɪ ˈfakɪas/, /ˌpriːmjuːˈnɪərɪ ˈfeɪʃɪəs/, U.S. /ˌprimjuˈnaɪri ˈfɑkiɑs/, /ˌprimjuˈnaɪri ˈfeɪʃiəs/
Forms: late Middle English premunire facias, late Middle English preuenire facias (transmission error), 1900s– praemunire facias.
Origin: A borrowing from Latin. Etymon: Latin premunire facias.
Etymology: < post-classical Latin premunire facias, premuniri facias, the name of the writ (from 1383 in British sources; 1318 or earlier as a formula in other writs), use as noun of the first words of the writ (see note below) < classical Latin praemunīre to fortify (see premunite v.), in post-classical Latin (e.g. in manuscripts of classical Latin authors) confused with and used for praemonēre to forewarn, admonish, warn (see premonish v.) + faciās , 2nd person singular present subjunctive of facere to do, make (see fact n.). Compare later praemunire n.The words in the writ (1392–3) were ( Natura Brevium (1528) f. 150v) ‘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). Compare the following occurrence of an abbreviated form of the Latin term in an Anglo-Norman document:1383 Rolls of Parl. III. 159/2 Ceux qi sont garniz par Brief de Premunire fac'..puissent apparer par lour Attornes.
Law. Now historical.
More fully writ of praemunire facias. A writ charging a sheriff to summon a person accused of asserting or maintaining papal jurisdiction in England (originally one accused of prosecuting abroad a suit cognizable by English law), so denying the ecclesiastical supremacy of the monarch; (also) the process or charge invoked by the writ. Cf. praemunire n.Writs of praemunire facias were first issued in accordance with the statute 3 Rich. II c. 3 in 1379.
ΘΚΠ
society > law > administration of justice > process, writ, warrant, or order > [noun] > other processes, writs, or warrants
trailbaston1304
gavelet1313
withernam1314
praemunire facias1425
Valentine1556
statute of bankrupt1622
safeguard1670
avocatory1689
information quo warranto1690
statute of lunacy1706
jedge and warrant1720
habeas corpora1838
stop-order1875
caution1959
1425 W. Paston in Paston Lett. & Papers (2004) I. 5 Þe Priour of Bromholm sued a-geyn þe seyd John and other in Ingeland a wryt of premunire facias.
1449 Rolls of Parl. V. 149/2 To have suche Processe therin, as provided in a premunire fac'.
1615 J. Davies Le Primer Report des Cases en Ireland f. 86v Such as should receaue them, publish them or execute them, they their Notaries, Proctors, Mantainors and Counsellors should bee all out of the Kings protection,..else processe of Praemunire facias to bee awarded against them.
a1689 W. Watson Clergy-man's Law (1701) xlviii. 425 Process shall be made against them, and every of them by garnishment of two months by Writ of Præmunire facias.
1794 J. Impey Mod. Pleader 46 Persons who cannot legally maintain an action are said to be..persons convicted upon a writ of Præmunire facias, [etc.].
1929 J. L. La Monte & C. H. Taylor Anniv. Ess. in Mediaeval Hist. 61 From it [sc. the statute] was made the writ praemunire facias by which a royal officer was ordered to give public warning of two months that the accused should appear in a specified royal court.
1981 M. Maples Dun et al. Papers W. Penn 339 (note) The writ of praemunire facias, originally intended to uphold the authority of the English monarch against the pope, was being used in the reign of Charles II against Quakers.
This is a new entry (OED Third Edition, December 2006; most recently modified version published online March 2022).
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n.1425
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