Legal Definitions - double quarrel

The term "double quarrel," also known by its Latin name duplex querela, refers to a specific type of formal complaint or appeal that was historically used within ecclesiastical (church) law. It allowed a cleric to challenge a situation where they had been nominated for a church position (known as a "benefice," which often included an income) by a patron, but the bishop responsible for the area refused to formally appoint them to that position.

The "double" aspect signifies that the complaint was directed at two parties: the bishop (for the refusal to appoint) and the patron (for failing to ensure the appointment or for presenting a candidate the bishop deemed unsuitable). This appeal would typically be made to a higher church authority, such as an archbishop, to resolve the dispute.

Here are some examples to illustrate this concept:

• Example 1: A Disputed Appointment

  Imagine a wealthy noble, Lady Eleanor, who holds the right to nominate priests for the parish church in her village. She nominates Father Michael, a well-regarded and experienced priest, for the vacant position. However, the local Bishop, Bishop Thomas, refuses to formally appoint Father Michael, citing concerns about his past administrative practices in a different diocese. Father Michael, believing the Bishop's refusal is unfounded and that he is fully qualified, could initiate a duplex querela. His complaint would be directed against Bishop Thomas for the refusal to institute him, and implicitly against Lady Eleanor for failing to secure his successful appointment or for presenting him despite the Bishop's objections.

  This example illustrates the "double" nature of the complaint: Father Michael is appealing against the bishop's refusal to appoint him and, by extension, against the patron's inability to ensure his successful placement.

• Example 2: Theological Disagreement

  A prominent university, acting as a patron, has the right to present a chaplain for its college chapel. They present Reverend Sarah, a highly educated and respected theologian. The diocesan Bishop, however, objects to Reverend Sarah's appointment because she holds certain theological interpretations that, while permissible within the broader church, are not favored by this particular Bishop. The Bishop therefore refuses to institute Reverend Sarah. Reverend Sarah could then pursue a duplex querela. Her complaint would target the Bishop for his refusal based on personal theological preference, and the university (as patron) for not effectively advocating for her appointment or for presenting her knowing the Bishop's likely objections.

  Here, the complaint is against the bishop's refusal and the patron's role in the failed appointment, even if the patron acted in good faith, highlighting the dual responsibility.

• Example 3: Procedural Delays and Refusal

  Lord Ashworth, a patron, presents Father Benedict for the benefice of St. Jude's. The Bishop of the diocese, Bishop Charles, delays the institution process for an unusually long time, citing minor administrative irregularities in Father Benedict's paperwork that Father Benedict believes are easily rectifiable or even fabricated. After several months of delay, Bishop Charles formally refuses institution. Father Benedict could then file a duplex querela with the Archbishop. His complaint would be against Bishop Charles for the undue delay and eventual refusal, and against Lord Ashworth for not ensuring a smooth and timely institution process, perhaps by not adequately preparing the necessary documentation or by not challenging the bishop's procedural objections more effectively.

  This example demonstrates a procedural refusal and the "double" complaint against both the refusing bishop and the patron whose presentation ultimately failed to result in an appointment.