QUOD CLERICI BENEFICIATI DE

2 definitions found across Law Mind sources

QUOD CLERICI BENEFICIATI DEAuthored
The Law Mind • 797 words
Definition
Quod clerici beneficiati de is a Latin phrase identifying a historical English writ issuing from the Court of Chancery (Cancellaria) that exempted a beneficed cleric — that is, a clergyman holding an ecclesiastical benefice — from certain civic or secular obligations. The writ operated as a formal protection, relieving the qualifying cleric from duties or proceedings inconsistent with his clerical station and the demands of his benefice. The Rapalje & Lawrence entry situates this writ within a cluster of quo warranto-adjacent Chancery proceedings and notes its connection to proceedings brought by a relator against persons usurping, intruding into, or unlawfully holding a franchise or office in a city, borough, or town corporate. The precise mechanism was that a person wishing to challenge such usurpation brought the proceeding by leave of the court, with the relator styled formally in the record, under the authority of statutes including 32 Geo. III c. 58; 7 Will. IV and 1 Vict. c. 78; and 6 and 7 Vict. c. 89. The phrase itself translates roughly as "that beneficed clerks of" — an incomplete clause indicating this entry in historical sources represents either a fragmentary heading or a term that originally appeared as part of a longer writ name or statutory phrase. The truncation in the surviving source material is significant and must be flagged for any researcher working with this entry.
Why It Matters in Research
Researchers will encounter this term almost exclusively in pre-Victorian and early Victorian English ecclesiastical and Chancery materials. Several navigational cautions apply. First, the entry as it survives in Rapalje & Lawrence is fragmentally recorded. The source text reads "QUOD CLERICI BENEFICIATI DE" and then trails into what appears to be a description of a separate but adjacent writ — the relator-based quo warranto proceeding under the cited statutes. This suggests either a typographical truncation in the dictionary itself or that the writ name was recorded as a heading for a group of related writs, only some of which survive in full description. Researchers should not treat the Rapalje & Lawrence entry as a complete standalone definition. Second, the term belongs to the old English Chancery writ system, which was largely abolished or transformed by the Common Law Procedure Acts and the Judicature Acts of the 1870s. Searching for this writ in post-1875 English materials will yield nothing operative — only historical references. Third, beneficed clergy held a distinctive legal status in English law for centuries. A benefice conferred not only spiritual duties but real property rights (the right to the temporalities of the living), and writs protecting beneficed clerks from certain secular distraints or compulsory offices were a recognized feature of ecclesiastical privilege. Researchers investigating the intersection of ecclesiastical privilege and Chancery jurisdiction in the 17th through 19th centuries should treat this term as a marker pointing toward that broader body of law, not as a self-contained doctrine. Fourth, American researchers will find this term has no operative domestic analog. It belongs entirely to the English ecclesiastical-legal framework, which was not received into American law given the constitutional separation of church and state and the absence of an established church.
Historical Dictionary Support
Rapalje & Lawrence is the sole source dictionary for this entry, and its coverage is incomplete. The entry appears to describe a Chancery writ protecting beneficed clerks, but the source text pivots mid-entry into a description of relator-based quo warranto proceedings — suggesting either editorial compression or a printing defect in the original. The statutes cited (32 Geo. III c. 58; 7 Will. IV and 1 Vict. c. 78; 6 and 7 Vict. c. 89) govern the quo warranto-style challenge to usurpers of corporate offices, which may have been procedurally connected to the clerical exemption writ but is doctrinally distinct from it. No other shelf source in the Law Mind corpus covers this term. Researchers requiring fuller treatment should consult Blackstone's Commentaries (Book III, on the forms of writs and Chancery jurisdiction) and Burn's Ecclesiastical Law for the underlying framework of clerical exemption from secular office. Phillimore's Ecclesiastical Law of the Church of England is the authoritative secondary source on the privileges of beneficed clergy in English law. The absence of this term from American legal dictionaries (including Black's and Bouvier's) is itself informative: it confirms the term never crossed into American legal usage.
Jurisdictional Note
This writ is exclusively a creature of English ecclesiastical and Chancery law. It has no equivalent in American federal or state law and no operative status in any jurisdiction following the English Judicature Acts of 1873–1875, which reorganized Chancery procedure.
Related Terms
QUO WARRANTO — BENEFICE — CANCELLARIA — RELATOR — WRIT — ECCLESIASTICAL COURT — CHANCERY — CLERICAL PRIVILEGE — USURPATION OF OFFICE — EX OFFICIO
QUOD CLERICI BENEFICIATI DEmain
Rapalje & Lawrence • 1883
brought with leave of the court, at the CANCELLARIA. -A writ to exempt a clerk relation of any person desiring to prosecute the same (who is then styled the "relator") against any person usurping, intruding into, or unlawfully holding any franchise or office in any city, borough or town corporate. Ib.; Stat. 32 Geo. III. c. 58; 7 Will. IV. and 1 Vict. c. 78; 6 and 7 Vict. c. 89. See Ex parte Richards, 3 Q. B. D. 368. See, also, OUSTER. QUO WARRANTO, (writ of, defined). 23 Wend. (Ν. Υ.) 577. (at common law was a criminal proceeding). 2 Johns. (N. Y.) Ch. 371. (when will not lie). 2 Halst. (N. J.) 101. of the chancery from the contribution towards the proctors of the clergy in parliament, &c.- Reg. Orig. 261.

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