The term “non-clerical appointment” refers to the act of not selecting a person who holds a religious position for a secular role. Historically, a writ existed to command the release of a cleric from their secular duties. This writ would be directed towards the individual responsible for compelling the cleric to assume the secular office, such as a bailiff.
The term “de clerico infra sacros ordines constituto, non eligendo in officium” is a Latin phrase used in law to describe the act of not electing a cleric in holy orders to a secular office. This term refers to a legal writ that orders the release of a cleric from their secular duties. The writ is directed towards the bailiff or any other individual who had compelled the cleric to assume a secular position, such as a judge or sheriff. In such cases, where the cleric is unable to fulfil their religious obligations, the writ of de clerico infra sacros ordines constituto, non eligendo in officium is employed to free them from their secular responsibilities and allow them to return to their religious duties. This writ serves to safeguard the religious duties of clerics and prevent them from being forced to neglect their spiritual obligations in favor of secular tasks.
This Latin phrase translates to “A cleric who is below the sacred orders cannot be appointed to an office.”
This principle is often applied in the context of appointments within religious organisations, particularly in relation to the eligibility of individuals for certain positions based on their clerical status.
In the context of employment law, this principle may be relevant when considering the eligibility of individuals for certain positions within religious institutions or organisations.
There may be exceptions to this principle based on specific circumstances and the laws or regulations governing the particular religious organisation or institution.
Enforcement of this principle may vary depending on the specific religious organisation or institution, and may involve internal policies and procedures as well as legal regulations.
Violating this principle may result in legal challenges, disputes, or disciplinary actions within the religious organisation or institution.
While this principle is primarily associated with religious organisations, it may have broader implications for non-religious organisations in terms of eligibility criteria for certain positions.
The application of this principle may intersect with anti-discrimination laws, particularly in relation to religious discrimination and the eligibility of individuals for certain positions based on their clerical status.
There may be recent legal cases or controversies related to the application of this principle within specific religious organisations or institutions.
More information about this legal principle may be available through legal resources, religious organisations, and academic sources specializing in religious law and employment law.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/de-clerico-infra-sacros-ordines-constituto-non-eligendo-in-officium/
- Modern Language Association (MLA):De Clerico Infra Sacros Ordines Constituto, Non Eligendo In Officium. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/de-clerico-infra-sacros-ordines-constituto-non-eligendo-in-officium/.
- Chicago Manual of Style (CMS):De Clerico Infra Sacros Ordines Constituto, Non Eligendo In Officium. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/de-clerico-infra-sacros-ordines-constituto-non-eligendo-in-officium/ (accessed: May 09 2024).
- American Psychological Association (APA):De Clerico Infra Sacros Ordines Constituto, Non Eligendo In Officium. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/de-clerico-infra-sacros-ordines-constituto-non-eligendo-in-officium/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts