Legal Definitions - ne admittas

The term ne admittas (Latin for "that you admit not") refers to a specific type of legal order used historically in English ecclesiastical (church) law.

It was a writ, or formal command from a court, issued to a bishop. The purpose of a ne admittas writ was to prevent the bishop from formally appointing or "admitting" a particular candidate to the position of parson (or rector/vicar) of a vacant church. This writ was typically sought when there was an ongoing legal dispute, known as a quare impedit action, concerning who held the legal right to nominate or present a candidate for that church position (a right often called "advowson").

Essentially, if one party in such a dispute believed that the bishop might proceed to admit the other party's nominee before the court had decided who truly possessed the right of advowson, they could apply for a ne admittas writ. This would temporarily halt the bishop's ability to fill the vacancy, preserving the status quo until the underlying legal question of the advowson's ownership was resolved.

Here are some examples illustrating the application of a ne admittas writ:

• Example 1: Disputed Inheritance of Patronage

  Imagine a wealthy landowner who, for generations, held the right to nominate the parson for the local village church. Upon his death, his will is contested by two distant relatives, each claiming to be the rightful heir to his estate, which includes the advowson. While the probate court is determining the true heir, the church becomes vacant. One of the relatives learns that the local bishop is considering admitting a candidate proposed by the other relative. To prevent this premature appointment and protect their potential right, the first relative could apply for a ne admittas writ. This would legally compel the bishop to delay any admission until the court definitively ruled on who inherited the advowson.

• Example 2: Competing Claims by Institutions

  Consider a historical scenario where a university and a local charitable trust both claim the ancient right to nominate the chaplain for a prominent collegiate chapel. The chaplaincy falls vacant, and both institutions present their preferred candidates to the bishop. The university believes its claim is stronger based on founding documents, but fears the bishop might be swayed by the trust's long-standing community involvement. To ensure that the legal merits of their claim are fully heard before any appointment is made, the university could seek a ne admittas writ. This would prevent the bishop from admitting either candidate until the court clarifies which institution legitimately holds the right of presentation.

• Example 3: Sale of Advowson and Subsequent Challenge

  Suppose a lord of the manor sells the advowson of a parish church to a new, wealthy family. Shortly after the sale, the incumbent parson retires, creating a vacancy. However, a local historical society discovers old records suggesting that the lord of the manor never actually had the legal right to sell the advowson, claiming it was tied to the community or another ancient entity. The historical society initiates a legal challenge (a quare impedit action) against the new family's claim. Fearing that the bishop might admit the new family's nominee while this complex historical dispute is ongoing, the historical society could apply for a ne admittas writ. This would legally pause the bishop's ability to admit any new parson until the court resolves the question of who truly owns the right to nominate.