Legal Definitions - ad admittendum clericum

Ad admittendum clericum is a Latin legal phrase that translates to "for admitting a cleric." Historically, it referred to a specific type of legal writ or order issued by a secular court. This writ was used to compel an ecclesiastical authority, such as a bishop, to admit a qualified clergyman to a benefice (an endowed church office or position) when there was a dispute or an unjustified refusal to do so. Essentially, it was a judicial command to ensure a rightful cleric was installed in their church position.

Here are some examples to illustrate this concept:

• Historical Patronage Dispute: Imagine a wealthy lord, who held the right to nominate a priest for his local parish, presented a qualified candidate to the bishop. If the bishop, for reasons deemed insufficient by law, refused to formally admit and install the lord's chosen priest, the lord could petition a secular court for an ad admittendum clericum writ. This writ would legally compel the bishop to perform his duty and admit the cleric to the benefice.

  This example illustrates how the writ was used to resolve disputes between a patron (who nominated a cleric) and an ecclesiastical authority (who had to admit them), ensuring the cleric's rightful installation.

• Enforcing Ecclesiastical Appointments: In medieval England, if a cathedral chapter elected a new dean, but the diocesan bishop—perhaps due to a power struggle or personal animosity—unjustly delayed or refused to confirm the election and admit the new dean to his office, the chapter might seek an ad admittendum clericum writ. This legal instrument would serve as a court order, forcing the bishop to acknowledge and admit the duly elected cleric.

  This scenario demonstrates the writ's role in enforcing established ecclesiastical appointments against a reluctant or obstructive higher church authority.

• Modern Analogous Principle: While the specific writ is no longer in use, its underlying principle can be understood through modern legal concepts. If a religious institution today had a clear process for admitting individuals to a specific clerical or ministerial role, and a qualified candidate was arbitrarily or unfairly denied admission in violation of the institution's own rules, a court might issue an order compelling the institution to follow its procedures or admit the candidate. Although not called ad admittendum clericum, this reflects the historical writ's function of ensuring fair and lawful admission to a religious office.

  This example helps a modern audience grasp the functional purpose of the historical writ by drawing a parallel to contemporary legal remedies for unfair exclusion from a professional or institutional role, even if the specific terminology has changed.