Legal Definitions - non impedivit

Non impedivit is a historical legal defense, a specific type of general denial, used by a defendant in a quare impedit action. Historically, a quare impedit action was a lawsuit brought by a plaintiff who claimed that the defendant was unlawfully preventing them from exercising their right to appoint a clergyman to a church position (known as an advowson).

When a defendant pleaded "non impedivit," they were asserting that they did not impede the plaintiff's right to make the appointment. Essentially, it was a direct denial of the central accusation that they had interfered with the plaintiff's claimed right to present a candidate for a church office.

• Example 1: Dispute over an Inherited Right

  Imagine a scenario in medieval England where a wealthy baron dies, and two of his distant relatives, Sir John and Lady Eleanor, both claim the right to appoint the new vicar for the local parish church, a right known as an advowson. Sir John believes he is the rightful heir to this advowson and files a quare impedit action against Lady Eleanor, alleging that she is unlawfully preventing him from appointing his chosen candidate. Lady Eleanor's legal team would respond with a plea of non impedivit, asserting that she has not impeded Sir John's legitimate right, but rather that she herself possesses the superior right to the advowson, thereby denying any unlawful interference on her part.

• Example 2: Challenge to a Sale of Advowson

  Consider a situation where Lord Ashworth sells the advowson of a particular parish to a new landowner, Master Thomas. Before Master Thomas can appoint a new priest, Lord Ashworth's estranged cousin, who believes the sale was invalid or that he has a prior claim, attempts to appoint his own candidate and physically prevents Master Thomas's appointee from entering the church. Master Thomas initiates a quare impedit action against the cousin. The cousin might plead non impedivit, arguing that he is not impeding Master Thomas's valid right, but rather exercising what he believes to be his own superior or pre-existing right to the advowson, thus denying that his actions constitute an unlawful impediment.

• Example 3: Ecclesiastical Authority Dispute

  In a different context, a local bishop might believe that he, by virtue of his ecclesiastical office, has the right to appoint a specific priest to a vacant benefice within his diocese. However, a powerful local lord, who traditionally held sway over that particular church, installs his own preferred candidate and prevents the bishop's appointee from taking up the position. The bishop files a quare impedit action against the lord. The lord could use non impedivit as a defense, arguing that he is not impeding the bishop's right, but rather asserting his own long-standing customary right to make such appointments in that specific parish, thereby denying any unlawful interference with the bishop's legitimate authority.