In English law, ''quare impedit'' was a writ commencing a common law action for deciding a disputed right of presentation to a benefice, a right known as an

advowson Advowson () or patronage is the right in English law of a patron (avowee) to present to the diocesan bishop (or in some cases the ordinary if not the same person) a nominee for appointment to a vacant ecclesiastical benefice or church living ...

. It was typically brought by a

patron Patronage is the support, encouragement, privilege, or financial aid that an organization or individual bestows on another. In the history of art, arts patronage refers to the support that kings, popes, and the wealthy have provided to artists su ...

against a

bishop A bishop is an ordained clergy member who is entrusted with a position of authority and oversight in a religious institution. In Christianity, bishops are normally responsible for the governance of dioceses. The role or office of bishop is c ...

who refuses to appoint the patron's nominee as a

priest A priest is a religious leader authorized to perform the sacred rituals of a religion, especially as a mediatory agent between humans and one or more deities. They also have the authority or power to administer religious rites; in partic ...

. It obtained its name from the words of the ancient writ that started the proceeding until the 19th century. This writ was directed to the sheriff, instructing him to command the defendant to permit the

plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of t ...

to present an appropriate candidate, or else to show "why he hinders" ( la, quare impedit) the plaintiff in the exercise of his rights. The writ of ''quare impedit'' was one of the few real actions preserved by the Real Property Limitation Act 1833, and survived up to 1860. It was abolished by the

Common Law Procedure Act 1860 Common may refer to: Places * Common, a townland in County Tyrone, Northern Ireland * Boston Common, a central public park in Boston, Massachusetts * Cambridge Common, common land area in Cambridge, Massachusetts * Clapham Common, originally co ...

, and proceedings in ''quare impedit'' were changed to make them as similar as possible to those in other real actions. The defendant bishop would need to fully state upon the pleadings the grounds on which he refuses. ''Quare impedit'' was a remedy exclusively of a patron; a nominee's remedy was by the proceeding called ''

duplex querela Duplex (Latin, 'double') may refer to: Arts and entertainment * ''Duplex'' (film), or ''Our House'', a 2003 American black comedy film * Duplex (band), a Dutch electronic music duo * Duplex (Norwegian duo) * Duplex!, a Canadian children's musi ...

'' available only in the ecclesiastical court. The action would not be barred till the expiration of sixty years, or of three successive incumbencies adverse to the plaintiff's right, whichever period was the longer (Real Property Limitation Act 1833, 29). Where the patron of a benefice was a

Roman Catholic Roman or Romans most often refers to: *Rome, the capital city of Italy * Ancient Rome, Roman civilization from 8th century BC to 5th century AD * Roman people, the people of ancient Rome *'' Epistle to the Romans'', shortened to ''Romans'', a let ...

, one of the universities would present in his place (1689, i Will. & Mary, sess. i, c. 29). By 13 Anne c. 13 (1714), during the pendency of a ''quare impedit'' to which either of the universities was a party, the court had power to administer an oath for the discovery of any secret trust, and to order the '' cestui que'' trust to repeat and subscribe a declaration against

transubstantiation Transubstantiation (Latin: ''transubstantiatio''; Greek: μετουσίωσις '' metousiosis'') is, according to the teaching of the Catholic Church, "the change of the whole substance of bread into the substance of the Body of Christ and of ...

. In Scotland, the effect of a ''quare impedit'' could be attained by action of

declarator A declarator in Scottish law is a form of legal action by which some right of property, servitude, or status Status (Latin plural: ''statūs''), is a state, condition, or situation, and may refer to: * Status (law) ** City status ** Legal s ...

. In the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...

, owing to the difference of ecclesiastical organization, the action was never known.

References

Legal documents with Latin names Writs Common law legal terminology Real property law {{England-law-stub