Legal Definitions - ne disturba pas

ne disturba pas

This Latin phrase, meaning "did not disturb," refers to a specific type of legal defense used historically in English ecclesiastical law. It was a defendant's general denial in a lawsuit known as a quare impedit action.

In simpler terms, when someone brought a quare impedit action, they were claiming that another party had wrongfully interfered with their right to appoint a clergyman (like a rector or vicar) to a church position. The defendant, by pleading "ne disturba pas," was essentially issuing a blanket denial, stating that they did not wrongfully disturb or interfere with the plaintiff's right to make the appointment. This plea put the burden on the plaintiff to prove their claim of interference and their superior right to the appointment.

• Example 1: Imagine a dispute in medieval England where Lord Ashworth claims he has the traditional right to appoint the new priest for the village church. However, Lady Beatrice appoints her own candidate instead. Lord Ashworth initiates a quare impedit action against Lady Beatrice. Lady Beatrice's legal team would likely enter a plea of ne disturba pas. This plea signifies her general denial that she wrongfully interfered with Lord Ashworth's right, implying she believes she had the rightful authority to make the appointment herself.

• Example 2: A wealthy patron, Sir Charles, believes his family holds the advowson (the right to appoint a clergyman) for a particular chapel. The local Bishop, however, appoints a different priest, arguing that Sir Charles's family right had lapsed due to a historical oversight. Sir Charles files a quare impedit action against the Bishop. The Bishop's defense would be ne disturba pas, asserting that he did not unlawfully disturb Sir Charles's right because, in his view, the right had indeed lapsed, and he was acting within his proper ecclesiastical authority to ensure the chapel had a spiritual leader.

• Example 3: The Abbot of St. Michael's Monastery claims that a powerful local baron, Baron Fitzwilliam, has prevented them from appointing a new prior to a smaller priory that historically falls under the monastery's jurisdiction. The Abbot initiates a quare impedit action. Baron Fitzwilliam's response would be a plea of ne disturba pas, broadly denying the monastery's accusation of interference and challenging them to prove their claim of a superior right to appoint the prior.