Legal Definitions - admittendo clerico

Admittendo clerico is a Latin legal term that translates to "for admitting a clerk." Historically, it referred to a specific type of writ, or formal court order, issued by a secular (non-religious) court.

This writ was typically directed to an ecclesiastical authority, such as a bishop, commanding them to admit or install a particular clergyman (often referred to as a "clerk") into a benefice. A benefice was an ecclesiastical office, like a rectorship or vicarage, that came with an income or property. Such a writ was issued after a legal dispute over the right to appoint that clergyman (known as the "right of presentation" or "patronage") had been resolved in a secular court in favor of the patron—the individual or entity holding the right to make the appointment.

In essence, an admittendo clerico was the court's mechanism to enforce the outcome of a patronage dispute, ensuring that the bishop complied with the secular court's decision regarding who had the legal right to present a clergyman to a church office.

• Example 1: Disputed Patronage Rights

  Imagine a scenario in 17th-century England where the local squire, Mr. Thompson, held the traditional right to appoint the vicar for the parish church. When the current vicar died, Mr. Thompson nominated his nephew, a newly ordained clergyman. However, the local bishop, believing the nephew to be unsuitable for the role, refused to admit him to the benefice. Mr. Thompson, asserting his legal right of patronage, took the matter to a secular court. The court reviewed the historical documents and legal precedents, ultimately ruling that Mr. Thompson indeed possessed the undisputed right to present his chosen candidate.

  This situation would lead to the court issuing an admittendo clerico. This writ would be sent to the bishop, legally compelling him to proceed with the formal admission and installation of Mr. Thompson's nephew as the new vicar, despite the bishop's personal reservations. The writ enforced the secular court's judgment on the right of presentation.

• Example 2: Inheritance of a Benefice

  Consider a wealthy family, the Pembrokes, who for centuries had held the patronage of a valuable rectory. Upon the death of the last male heir, two distant cousins, Lady Eleanor and Sir Richard, both claimed the right to appoint the next rector. They engaged in a lengthy legal battle in a secular court to determine who was the rightful inheritor of the patronage. The court eventually ruled in favor of Lady Eleanor. She then presented her chosen candidate, Reverend Miller, to the bishop for admission.

  If the bishop, due to the complexity and public nature of the preceding dispute, hesitated or delayed in admitting Reverend Miller, Lady Eleanor could petition the court for an admittendo clerico. This writ would serve as a clear, legally binding instruction to the bishop, confirming Lady Eleanor's established right as patron and requiring him to admit Reverend Miller to the rectory without further delay, thereby formalizing the church appointment based on the secular court's decision.