Legal Definitions - in modum simplicis querelae

In modum simplicis querelae is a historical legal term that translates to "by way of summary complaint." It refers to a method of bringing a grievance or claim that was simpler, quicker, and less formal than a full, complex legal proceeding. This approach was typically reserved for matters that were straightforward, less severe, or required a more immediate resolution, thereby avoiding the extensive procedures and formalities of more elaborate lawsuits.

Here are some examples to illustrate this concept:

• Example 1: Village Dispute Resolution

  Imagine a medieval village where two farmers have a minor disagreement over the boundary of their fields. Instead of initiating a lengthy and costly formal lawsuit in a distant royal court, they might bring their complaint directly to the local lord or a designated village elder. This process would involve a quick presentation of their arguments, perhaps some immediate testimony from neighbors, and a swift decision, without the need for complex legal documents, multiple hearings, or extensive evidence gathering.

  This scenario exemplifies "in modum simplicis querelae" because the complaint is handled in a summary fashion—it's direct, informal, and aims for a rapid resolution of a relatively minor issue, bypassing the more intricate legal machinery of the time.

• Example 2: Guild Grievance

  Consider a historical artisan's guild where a journeyman believes he was unfairly passed over for a promotion to master craftsman, not due to lack of skill, but perhaps a personal grudge. Rather than engaging in a full civil court proceeding, the journeyman could present his grievance directly to the guild master or a council of elders. This would involve a brief oral or written statement, followed by a prompt internal review and decision based on guild rules, without the need for formal legal representation or extensive cross-examination.

  This demonstrates "in modum simplicis querelae" as the complaint is handled through a simplified, internal process designed for quick resolution of a specific issue within the guild's jurisdiction, avoiding the more elaborate and time-consuming procedures of external legal systems.

• Example 3: Ecclesiastical Petition

  In a historical church context, a parishioner might have a minor grievance against a local priest regarding a small administrative matter, such as a dispute over a tithe payment or a procedural error in a church record. Instead of initiating a full ecclesiastical court action that could take months or years, they might be permitted to present their case directly to the local bishop or an archdeacon. This would involve a brief, direct petition or oral statement, allowing for a swift review and an immediate directive or decision, often without the need for extensive legal representation or formal court procedures.

  This situation reflects "in modum simplicis querelae" because the complaint is brought in a direct, unadorned manner to an authority figure for a quick assessment and resolution, bypassing the more complex and time-consuming steps of a traditional legal suit.