‘The Enemy of God and His Church’: James Hobart, Praemunire, and the Clergy of Norwich Diocese

Abstract

Praemunire was the offence of undermining royal authority. Despite its antipapal origins, by 1500 praemunire was being used to inhibit the exercise of ecclesiastical jurisdiction within England. Notorious from 1529 as a royal instrument for intimidating the clergy, praemunire was already contentious at the beginning of the sixteenth century. Historians of the common law have identified a growing number of praemunire cases in these years; at the same time, ecclesiastical historians have detected a decline in the business of most church courts. A causal relationship has often been assumed, but not examined in the manner attempted here. A spate of praemunire cases within his diocese provoked from Bishop Nykke of Norwich a famous letter of complaint, in which he censured the attorney-general Sir James Hobart. This article examines the praemunire cases to which Nykke referred and also Hobart's role in promoting them. The interaction between church and common law courts and between their personnel and litigants is explored. New light is shed on relations between leading churchmen and common lawyers and also on the Crown's attitude to praemunire. The evidence presented deepens our understanding of the decline of ecclesiastical jurisdiction in this period.