Legal Definitions - non residentio pro clerico regis

The term non residentio pro clerico regis is a historical Latin legal phrase that translates to "by nonresidence for a royal clerk." It refers to a specific type of legal writ (a formal written command) used in medieval England.

This writ served as a protection for a clergyman who was employed in the king's service. If such a cleric was absent from his assigned church parish or ecclesiastical duties because he was actively serving the Crown, his bishop might attempt to penalize him for this non-residence. The non residentio pro clerico regis writ would be issued to the bishop, ordering him not to harass, fine, or remove the cleric from his position, acknowledging that the cleric's absence was due to his essential royal duties rather than neglect.

Here are a few examples illustrating how this historical legal concept would have applied:

• Royal Administrator: Imagine Father Alaric, a highly educated priest, who was appointed by King Henry III to serve as a royal chancellor, managing the kingdom's administrative affairs. This demanding role required him to reside at the royal court and travel extensively with the king, keeping him away from his assigned parish in rural Sussex for years. His local bishop, concerned about the prolonged absence from the parish, began proceedings to strip Father Alaric of his benefice (his church position and its associated income). Father Alaric would then present a non residentio pro clerico regis writ to his bishop, demonstrating that his non-residence was a direct consequence of his vital service to the king, thereby compelling the bishop to halt any disciplinary action.

• Diplomatic Envoy: Consider Canon Benedict, a skilled linguist and negotiator, dispatched by King Edward I on a critical diplomatic mission to the Holy Roman Empire to forge alliances. This mission kept him abroad for several years, making it impossible for him to fulfill his duties at his cathedral chapter in Canterbury. Upon learning of his extended absence, the Dean and Chapter of Canterbury, under the bishop's authority, threatened to declare his position vacant. Canon Benedict, or his representatives, would invoke the non residentio pro clerico regis writ. This writ would inform the bishop that Canon Benedict's non-residence was not a dereliction of duty but a direct and necessary consequence of his service to the king, thereby protecting his ecclesiastical position and income.

• Royal Legal Counsel: Picture Archdeacon Cuthbert, a renowned legal scholar, who was summoned by King Richard II to serve as a key advisor in the royal council, particularly on matters of canon law and statecraft. His duties required him to be constantly present at court in Westminster, making it impossible for him to live within his archdeaconry in Lincoln. His local bishop, concerned about the lack of pastoral oversight in Archdeacon Cuthbert's absence, initiated steps to appoint a temporary administrator and potentially reduce Archdeacon Cuthbert's stipend. The non residentio pro clerico regis writ would be presented to the Bishop of Lincoln, clearly stating that Archdeacon Cuthbert's non-residence was mandated by his royal service, thus compelling the bishop to cease any punitive measures.