Legal Definitions - de clerico infra sacros ordines constituto, non eligendo in officium

The Latin phrase de clerico infra sacros ordines constituto, non eligendo in officium translates to "concerning a cleric constituted in holy orders, not to be elected to office." Historically, this term referred to a specific type of legal order, known as a writ, issued by a court in medieval and early modern legal systems. This writ commanded the release of a cleric (a person who had taken holy orders within the Church) from a secular, non-religious public office into which they had been compelled or elected against their will. It served to uphold the ecclesiastical privilege that generally exempted clergy from serving in secular governmental roles, ensuring they could focus on their religious duties.

Here are some examples illustrating how this legal concept would have applied:

• Example 1: Forced into Local Administration

  Imagine a village in 14th-century England. The local lord, needing someone literate and respected to manage his estates and collect taxes, compels the parish priest, Father Thomas, to take on the role of bailiff. Father Thomas, believing his duties lie solely with his spiritual flock and that secular administration would compromise his sacred vows, appeals to a higher ecclesiastical or royal authority. A de clerico infra sacros ordines constituto, non eligendo in officium writ would be issued, ordering the lord to release Father Thomas from the bailiff position, recognizing his status as a cleric exempt from such secular obligations.

• Example 2: Elected to a Municipal Position

  In a bustling medieval town, a respected deacon, Brother Michael, is known for his organizational skills. The town's governing council, facing a complex administrative challenge, decides to elect him as an alderman (a municipal official). Brother Michael, however, views this as a distraction from his religious duties and an infringement upon his ecclesiastical status, which traditionally exempted clergy from secular political offices. He would seek a de clerico infra sacros ordines constituto, non eligendo in officium writ, compelling the town council to revoke his election and release him from the secular office.

• Example 3: Compelled into a Judicial Role

  Consider a situation where a highly educated cleric, who serves as a bishop's chancellor, is forcibly appointed by the King's sheriff to serve as a royal magistrate in a remote county. The chancellor's primary allegiance and duties are to the Church and his bishop. The issuance of a de clerico infra sacros ordines constituto, non eligendo in officium writ would legally compel the sheriff to release the chancellor from this secular judicial appointment, affirming the cleric's exemption from such state service.