Legal Definitions - de clerico admittendo

The term de clerico admittendo refers to a historical legal order, known as a writ, issued by a court in medieval and early modern England.

Its purpose was to compel a bishop to formally accept and install a specific cleric (a priest or other church official) into a vacant church position, known as a benefice. This writ was typically issued after a patron – an individual or institution holding the legal right to appoint clergy to a particular church – had successfully proven their right of presentation in a court of law, but the bishop was refusing to admit their chosen candidate.

Essentially, if a patron won a court case affirming their right to fill a church vacancy, and the bishop still wouldn't admit the patron's nominee, the court would issue a de clerico admittendo to enforce its judgment and ensure the cleric was installed.

Here are some examples illustrating its application:

• Example 1: Landowner's Right of Presentation

  Imagine a powerful medieval lord who, by tradition and legal right, held the patronage of the local parish church on his estate. When the elderly parish priest passed away, the lord nominated a young, well-educated cleric to fill the vacancy. However, the local bishop, perhaps due to a personal preference for another candidate or a minor disagreement with the lord, refused to formally admit and install the lord's nominee. The lord would then initiate a legal action (a writ of quare impedit) in the King's court to affirm his right of presentation. If the court ruled in the lord's favor, and the bishop still hesitated, the court would issue a de clerico admittendo, commanding the bishop to accept and install the lord's chosen cleric without further delay.

• Example 2: Disputed Church Patronage

  Consider a situation where two prominent noble families both claimed the exclusive right to appoint the rector for a wealthy abbey. After years of legal dispute, the Court of Common Pleas finally ruled that Family A possessed the legitimate right of patronage. When the rector position became vacant, Family A presented their chosen cleric to the bishop. However, the bishop, wary of offending Family B or perhaps still uncertain despite the court's ruling, delayed the admission process. To enforce their legally affirmed right, Family A would petition the court for a de clerico admittendo, which would then be issued to compel the bishop to admit their nominated cleric, thereby resolving the impasse.

• Example 3: Bishop's Unjustified Refusal

  A university college, holding the right of presentation for a particular church living, nominated a highly qualified and canonically fit scholar to become its new vicar. The bishop, however, had a personal dislike for the scholar's theological views, which, while perhaps unconventional, were not heretical or contrary to church law. Despite the scholar meeting all formal requirements, the bishop refused to admit him. The college, asserting its legal right as patron, would seek a de clerico admittendo from the court. This writ would serve as a judicial order, compelling the bishop to set aside his personal objections and formally install the college's legitimately presented nominee, provided the nominee was canonically suitable.

This writ was also sometimes referred to as admittendo clerico or ad admittendum clericum.