Legal Definitions - non residentia clerici regis

The Latin term non residentia clerici regis refers to a historical legal concept concerning the non-residence of a cleric appointed by the king. In medieval England, the king often appointed educated clerics (churchmen) to various administrative, judicial, or ecclesiastical positions. These appointments frequently came with an expectation or legal requirement that the cleric reside in a specific location relevant to their duties, such as a particular manor, a church benefice, or a court. When a cleric failed to live at their designated post, it was considered "non residentia clerici regis," which could lead to legal consequences or forfeiture of their position or income.

Here are some examples to illustrate this concept:

• Example 1: Royal Administrator

  Imagine King Edward III appoints a learned cleric, Father Thomas, to oversee the royal treasury and manage tax collection in the county of Yorkshire. The appointment requires Father Thomas to reside in York to be readily available for his administrative duties. However, Father Thomas prefers the intellectual company of Oxford and spends most of his time there, delegating his responsibilities to a junior clerk who struggles to manage the complex finances. This situation would be an instance of non residentia clerici regis, as Father Thomas, a king's cleric, is not residing where his royal duties require him.

• Example 2: Ecclesiastical Benefice

  King Henry V grants a wealthy church benefice (an endowed church office providing income) in a rural parish to a favored cleric, Master John, with the understanding that Master John will serve the spiritual needs of the community. Instead of moving to the parish, Master John continues to live in London, enjoying court life, and pays a small stipend to a less qualified priest to perform the basic services in his stead. This failure to reside in his assigned parish, despite holding a royal appointment to the benefice, exemplifies non residentia clerici regis.

• Example 3: Judicial Commissioner

  A cleric, Sir William, is appointed by King Richard II as a royal commissioner to hear legal disputes and administer justice in the western shires. His role demands his presence in the region to hold court sessions and address local grievances. However, Sir William finds the rural life tedious and frequently absents himself, preferring to stay at his family estate in the south, causing significant delays and backlogs in the local justice system. This dereliction of duty through non-residence, despite his royal commission, would be categorized as non residentia clerici regis.