Legal Definitions - CLERICO INFRA SACROS ORDINES CONSTITUTO NON ELIGENDO IN OFFICIUM

The Latin phrase Clerico infra sacros ordines constituto non eligendo in officium translates to "a cleric constituted in sacred orders not to be elected to office."

This principle refers to a historical legal or canonical rule that prohibited individuals who had received holy orders (members of the clergy such as deacons, priests, or bishops) from being elected to certain secular public offices. The underlying rationale was often to maintain a clear distinction between religious and civil authority, ensuring that clergy focused on their spiritual duties rather than temporal governance and preventing potential conflicts of interest between church and state roles.

• Example 1: Medieval Town Council Election

  Imagine a bustling medieval European town where the local populace is preparing to elect members to its town council. This council is responsible for managing civic affairs such as markets, roads, and local taxes. Father Gregory, a highly respected and popular parish priest, is suggested as a candidate due to his wisdom and community involvement. However, the principle of Clerico infra sacros ordines constituto non eligendo in officium would prevent him from being elected. His status as a priest, having received sacred orders, would disqualify him from holding a secular civic office, thereby upholding the historical separation between ecclesiastical and temporal power.

• Example 2: Early Modern Legislative Assembly

  Consider an early modern kingdom establishing a new legislative assembly responsible for debating and enacting laws for the entire realm. Bishop Eleanor, a prominent and influential religious leader, expresses a desire to run for a seat in this assembly to advocate for certain policies. Under the rule of Clerico infra sacros ordines constituto non eligendo in officium, Bishop Eleanor would be barred from being elected to this legislative body. Her position as a bishop, having been constituted in sacred orders, would mean she is "not to be elected to office" in the secular government, reinforcing the distinct roles of the church and the state.

• Example 3: Modern Constitutional Convention (Conceptual Link)

  While the direct Latin phrase is historical, its underlying concept can be seen in some modern constitutional conventions or laws. For instance, in a hypothetical contemporary nation, the constitution might stipulate that an individual actively serving as an ordained minister of any religion (e.g., a priest, pastor, rabbi, or imam) cannot simultaneously hold a position as a Member of Parliament or a high-ranking civil service role without first formally relinquishing their clerical duties. If Reverend David, an ordained pastor, wished to run for a parliamentary seat, this constitutional provision would reflect the spirit of Clerico infra sacros ordines constituto non eligendo in officium. It would require him to choose between his sacred calling and the secular public office, preventing him from being *elected to office* while *constituted in sacred orders*.