Legal Definitions - quare non permittit

Quare non permittit is a historical legal term from medieval English law, literally translating to "why he does not permit." It referred to a specific type of legal writ or action used to challenge someone who was unlawfully preventing another individual from exercising their established right to appoint a clergyman to a church position, such as a parish priest, rector, or vicar.

Essentially, if a person or entity held the legal right to present a candidate for a church office (known as an "advowson"), but another party (often the landowner, a bishop, or another powerful figure acting as the "proprietor") was obstructing that appointment, the aggrieved party could seek a quare non permittit writ. This writ would compel the obstructing party to appear in court and explain "why he does not permit" the rightful appointment to proceed, thereby seeking to enforce the presenter's legal right.

• Example 1: Imagine a noble family in 14th-century England that, for generations, held the exclusive right to nominate the priest for their local village church. When the current priest died, the family presented a qualified candidate to the bishop for institution. However, a powerful local baron, who owned the majority of the surrounding lands and wished to install his own favored clergyman, actively prevented the family's nominee from taking up the position.

  In this scenario, the noble family would have sought a quare non permittit writ. This legal action would have forced the baron to appear before a court and justify "why he does not permit" the family's rightful presentation of their chosen priest, challenging his unlawful obstruction.

• Example 2: Consider a wealthy merchant guild in a medieval city that had endowed a chapel within a large cathedral, and in return, had been granted the perpetual right to appoint its chaplain. When a vacancy arose, the guild nominated a respected scholar. However, the cathedral's dean and chapter, who oversaw the cathedral's administration and might be considered the "proprietor" of the chapel, refused to allow the scholar to serve, perhaps preferring a candidate from their own clergy.

  The merchant guild could have initiated a quare non permittit action against the dean and chapter. This legal process would have compelled the cathedral authorities to explain their refusal to permit the guild's rightful appointment, demanding an answer to "why they do not permit" the chosen chaplain to take up his duties.

• Example 3: Suppose a university, as a patron, held the advowson for a specific church living, a right often granted through historical endowments. When the living became vacant, the university's governing body nominated a distinguished academic to fill the role. However, the local bishop, citing a minor administrative technicality or a personal disagreement with the university's choice, refused to formally institute the new vicar, effectively blocking the appointment.

  The university would have used a quare non permittit writ to challenge the bishop's refusal. The writ would have demanded an explanation for "why he does not permit" the institution of their chosen candidate, asserting the university's established legal right to present.