Legal Definitions - non solvendo pecuniam ad quam clericus

Term: non solvendo pecuniam ad quam clericus

This historical Latin legal term refers to a specific type of legal order, known as a writ, issued in medieval and early modern England. Its purpose was to protect a "clerk of the sovereign"—an individual who held both a clerical (church) position and served the monarch—from being fined by church authorities for not residing in the place where their church duties required them to be. This protection was granted when their absence was due to their service to the Crown.

In essence, it was a royal intervention to prevent an ecclesiastical judge (the "ordinary") from collecting a financial penalty (a "pecuniary mulct") imposed on a royal official for non-residence, acknowledging that the official's duties to the sovereign took precedence.

Examples:

• Example 1: The Royal Chaplain's Parish
  Imagine a priest in the 14th century who serves as a chaplain to the King, requiring him to live at court. This same priest also holds the position of rector for a parish in a rural county, which traditionally requires him to reside within that parish. The local bishop, acting as the ecclesiastical authority (the "ordinary"), imposes a fine on the chaplain for his prolonged absence from his parish duties and residence. How it illustrates the term: The chaplain, being a "clerk of the sovereign" due to his service to the King, could have sought a non solvendo pecuniam ad quam clericus writ. This writ would legally prohibit the bishop from collecting the fine, recognizing that the chaplain's primary obligation to the monarch justified his non-residence in his parish.
• Example 2: The Diplomat Bishop
  Consider a prominent bishop in the 16th century who is appointed by the Queen to lead a crucial diplomatic mission to a foreign court, a duty that keeps him abroad for several years. During his absence, the Archbishop of Canterbury, as the senior ecclesiastical judge, attempts to levy a significant financial penalty against him for failing to reside within his diocese and fulfill his local episcopal duties. How it illustrates the term: In this scenario, the bishop, serving the Queen in a vital capacity, would be considered a "clerk of the sovereign." A non solvendo pecuniam ad quam clericus writ could be issued to prevent the Archbishop from enforcing the fine, acknowledging that the bishop's service to the Crown took precedence over his residential obligations to his diocese.
• Example 3: The Royal Commission Scholar
  Picture a learned cleric in the 15th century who holds a prebend (a stipend and position within a cathedral chapter) that typically requires him to live near the cathedral. However, the King commissions him to join a special royal council tasked with revising important legal texts, a duty that demands his full-time presence in London for an extended period. The dean and chapter of his cathedral, acting as the "ordinary" for the prebendary, decide to fine him for his non-residence. How it illustrates the term: As a cleric serving on a royal commission, he functions as a "clerk of the sovereign." He could invoke a non solvendo pecuniam ad quam clericus writ to legally block the cathedral authorities from collecting the fine, as his absence was directly attributable to his service to the Crown.