Legal Definitions - vi laica amovenda

The Latin phrase vi laica amovenda translates literally to "to be removed by secular force." In legal and historical contexts, it refers to the principle that a secular, or non-religious, authority has the power to remove something or someone from a position, property, or influence, even if that person or thing is associated with a religious institution or sphere.

This concept highlights the assertion of state or civil power over matters that might otherwise be considered ecclesiastical or religious. It signifies that the removal is carried out by the power of the lay (non-clerical) government or civil law, rather than by internal church authority or religious doctrine.

Here are some examples illustrating this concept:

• Historical Example: Dissolution of Monasteries

  During the 16th century in England, King Henry VIII, asserting his authority as the head of the Church of England, ordered the dissolution of monasteries. This involved the seizure of monastic lands, buildings, and assets by the Crown, and the removal of monks and nuns from their religious houses. This action was an exercise of vi laica amovenda because the secular monarch used the power of the state to forcibly remove religious institutions and their property from their traditional roles and ownership, placing them under state control.

• Modern Example: Government Regulation of Charitable Assets

  Imagine a scenario where a state Attorney General's office investigates a religious charity for financial mismanagement and finds that the charity's leaders have misused funds intended for public benefit. The Attorney General, acting under state charity laws, obtains a court order to remove the current leadership and appoint a temporary receiver to manage the charity's assets and operations. This demonstrates vi laica amovenda because a secular government authority (the Attorney General's office and the court) used its legal power to remove individuals and their control over assets, even though those assets and individuals were part of a religious organization, due to violations of secular law.

• Modern Example: Zoning and Land Use Enforcement

  Consider a local municipality that discovers a religious organization has constructed an unapproved structure on its property, such as a large community hall, without obtaining the necessary building permits or adhering to local zoning regulations. The city's planning department issues a cease and desist order and, after the organization fails to comply, obtains a court order for the demolition and removal of the non-compliant structure. This is an application of vi laica amovenda because the secular municipal government, through its zoning and building enforcement powers, compelled the removal of a physical structure erected by a religious entity, based on secular land-use laws.