ANNUA PENSIONE

4 definitions found across Law Mind sources

ANNUA PENSIONEAuthored
The Law Mind • 670 words
Definition
A writ of English common law origin commanding the provision of an annual pension to the king's chaplain when that chaplain had received no ecclesiastical preferment — that is, no church appointment or benefice that would otherwise supply his living. The writ issued from the Crown as a mechanism for fulfilling the royal obligation to maintain clergy in royal service who had not yet been rewarded with a church living. It belongs to the family of prerogative writs directing royal favor toward individuals in the sovereign's service.
Why It Matters in Research
This term is almost exclusively of antiquarian interest. Researchers will encounter it only in medieval and early modern English legal records, in treatises on the Register of Original Writs (Registrum Omnium Brevium), or in historical surveys of ecclesiastical and prerogative law. It will not appear in American case law or modern statutory codes. The primary trap for researchers is conflation with the broader modern law of pensions, annuities, or government benefits — none of which share any functional relationship with this writ. A researcher who encounters "annua pensione" in a historical English source should understand it as a technical term of art within the writ system, not as a forerunner of modern pension doctrine. Burrill's Law Dictionary does not define the term independently but redirects to the entry "De annua pensione," which is simply the fuller Latin form of the same phrase. Researchers working through Burrill should follow that cross-reference. The operative writ is identical; the longer form includes the preposition that makes the Latin grammatically complete as a writ heading. The Registrum Omnium Brevium — the Register of Original Writs — is the primary source for the writ's form and scope. Black's (both editions) cites pages 165 and 307 of that register. Researchers seeking the actual writ text or procedural context should consult the Register directly or through scholarship on the medieval chancery. No equivalent writ exists in American law. The constitutional separation of church and state and the absence of an established church rendered the entire ecclesiastical preferment framework inapplicable in the United States from the outset.
Historical Dictionary Support
The historical sources are in near-perfect agreement on this term, which reflects how narrow and settled the definition is. Black's (1st and 2nd editions) provide identical substantive content, differing only in that the 2nd edition adds the second page reference (307) to the Register. Burrill declines to define it independently, treating "De annua pensione" as the canonical form and routing researchers there. What the historical dictionaries do not address is any procedural detail about how the writ operated — who petitioned, how preferment was assessed, or what remedy followed if the Crown ignored the writ. The Register itself and ecclesiastical legal history scholarship would need to fill those gaps. The dictionary entries treat the term as a known quantity requiring only a sentence of identification rather than substantive analysis, which is appropriate given the writ's obscurity even within historical English practice.
Jurisdictional Note
Strictly English in origin and application. No American jurisdiction has ever recognized or applied this writ. Researchers working in Scottish, Irish, or colonial legal history should not assume the writ's availability or use outside the English chancery system without independent verification.
Encyclopedia Cross-Reference
No Law Mind Encyclopedia entry directly addresses this historical writ. The pension-related encyclopedia entries — VA Pension (Military, Veterans & Admiralty Law Encyclopedia, military_21), Gross Income: Pensions, Annuities, and IRA Distributions (Tax Encyclopedia, tax_102), and Retirement Benefits and Pension Division (Family Law Encyclopedia, family_31) — concern modern American law and are not substantively connected to this term.
Related Terms
De annua pensione (fuller Latin form of the same writ; see Burrill's cross-reference) Preferment (ecclesiastical appointment that would defeat the writ's purpose) Register of Original Writs (Registrum Omnium Brevium) (primary source document) Pension (modern successor conceptfunctionally unrelated) Prerogative writs (broader category of royal command) Benefice (the church living whose absence triggers the writ)
ANNUA PENSIONEmain
Black's Law Dictionary • 1891
An ancient writ to provide the king's chaplain, if he had no preferment, with a pension. Reg. Orig. 165,
ANNUA PENSIONEcrossref
Burrill's Law Dictionary • 1867
See De annua pensione.
ANNUA PENSIONEmain
Black's Law Dictionary (2nd Ed.) • 1910
An ancient writ to provide the king’s chaplain, if he had no preferment, with a pension. Reg. Orig. 165, 307.

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