Legal Definitions - de vi laica amovenda

de vi laica amovenda is a historical legal writ (a formal written order from a court) used in medieval English law. It allowed a clergyman (parson) who claimed rightful possession of a church to request a sheriff to forcibly remove a group of laypersons (non-clergy) who, often in league with another clergyman, had unlawfully taken control of the church building and prevented the rightful parson from entering or performing his duties. Essentially, it was a legal tool to restore a clergyman to his ecclesiastical property when it was occupied by a "lay force."

• Example 1: A Dispute Over Succession

  Imagine in 14th-century England, Father Thomas was legally appointed to a parish church after the previous parson, Father John, passed away. However, Father John's nephews and their local allies, who were laymen, had taken residence in the church and rectory, refusing to vacate the premises and preventing Father Thomas from entering to conduct services or live there. Father Thomas could have sought a de vi laica amovendawrit to compel the sheriff to remove these laypersons and restore him to his rightful ecclesiastical property.

  This example illustrates the term because Father Thomas, the rightful parson, is being kept out of his church by a "lay force" (Father John's nephews and allies), necessitating a legal order for their removal.

• Example 2: A Patronage Conflict

  Consider a situation where Lord Blackwood, the rightful patron of St. Michael's Church, appointed Father Michael as the new parson. However, Lord Ironwood, disputing Blackwood's patronage rights, had installed his own favored clergyman, Father Gregory, and ordered his personal guards (laymen) to occupy the church and prevent Father Michael from taking possession or performing any duties. Father Michael, as the legally appointed parson, could have petitioned the court for a de vi laica amovenda writ, directing the sheriff to remove Lord Ironwood's lay guards from the church.

  Here, Father Michael, the legitimate parson, is barred from his church by laymen (Lord Ironwood's guards) acting on behalf of a rival claimant, fitting the historical application of the writ.

• Example 3: Community Resistance

  In a small village, the parishioners, led by a group of influential local farmers (laymen), became deeply dissatisfied with the new parson, Father David, appointed by the bishop. They barricaded the church doors, occupied the nave, and declared they would not allow Father David to preach or administer sacraments, instead inviting a wandering friar to lead services. Father David, unable to access his church due to this organized "lay force," would have had grounds to apply for a de vi laica amovenda writ to have the sheriff clear the church and allow him to resume his duties.

  This scenario demonstrates the writ's use when a rightful parson is prevented from exercising his ecclesiastical functions by a collective of laypersons who have taken physical control of the church.