Legal Definitions - de non residentia clerici regis

De non residentia clerici regis is a historical legal term from medieval and early modern England. It refers to a specific type of legal document, known as a writ, that was issued to excuse a clergyman from the requirement of residing in their assigned parish. The justification for this exemption was that the clergyman was actively engaged in performing duties or services for the King or the Crown.

Here are some examples illustrating how this term would have applied:

• Imagine a scenario during the reign of King Henry VII where a highly educated priest, Father Edmund, was appointed by the King to serve as a royal ambassador to the Holy Roman Empire. This crucial diplomatic mission required Father Edmund to live abroad for several years, far from his designated parish in rural England.

  In this situation, Father Edmund would have been granted a de non residentia clerici regis writ. This legal instrument would officially excuse him from the obligation to reside in his parish, acknowledging that his absence was due to his direct and essential service to the Crown in a diplomatic capacity.

• Consider a cleric named Master Richard in the 13th century, during the time of King Edward I. Master Richard was renowned for his administrative skills and was tasked with managing the royal treasury and keeping meticulous financial records at Westminster. This demanding role required his constant presence at court, preventing him from living in his benefice (the church office and its associated income) in a distant county.

  Master Richard's work in the royal treasury constituted direct service to the King. A de non residentia clerici regis writ would have provided the necessary legal protection, ensuring he faced no penalties for his non-residence in his parish while he was fulfilling his vital duties for the Crown.

• Picture a chaplain, Reverend John, in the 15th century, ordered by King Henry V to accompany the royal army during a campaign in France. Reverend John's duties included providing spiritual guidance to the troops, administering sacraments, and assisting with military logistics, meaning he could not be present in his home parish in England.

  Reverend John's role as a chaplain directly serving the King's military efforts would have qualified as royal service. The de non residentia clerici regis writ would have been the legal mechanism to excuse his absence from his parish, recognizing that his contribution to the Crown's military endeavors took precedence over his parochial residency obligations.