Legal Definitions - querela

The term querela is a historical legal term. It refers to a formal complaint, the legal basis for a lawsuit, or the lawsuit itself.

Historically, querela encompassed several related concepts:

• It could refer to the formal statement of grievance made by a plaintiff to initiate a legal action, similar to what we might now call a complaint or declaration.
• It could also signify the underlying legal reason or justification for bringing a lawsuit, often called a "cause of action." This means the set of facts that, if proven, entitle the plaintiff to a legal remedy.
• Finally, querela could refer to the entire legal proceeding or action itself, from its inception through to its resolution.

Examples:

• Imagine a scenario in medieval England where a landowner, Lord Ashworth, discovered that his neighbor, Sir Reginald, had repeatedly allowed his cattle to graze on Lord Ashworth's pastures without permission, causing damage to his crops. Lord Ashworth would then present a formal document to the local court detailing these trespasses and the resulting harm, seeking compensation. This formal written accusation, outlining the specific grievances and demanding redress, would be considered a querela.

  This example illustrates querela as the formal complaint or declaration that initiates a legal action, detailing the plaintiff's grievances.

• Consider a historical situation where a merchant, Master Thomas, had paid a substantial sum to a ship captain for the delivery of spices from a distant port. However, the captain never delivered the goods and disappeared with the payment. The fact that Master Thomas paid for goods that were never delivered, constituting a breach of contract, would be the legal basis for him to seek justice. This fundamental legal justification for his claim against the captain, allowing him to pursue a remedy in court, would be his querela.

  Here, querela represents the cause of action – the legal grounds or facts that entitle someone to bring a lawsuit.

• In a 17th-century town, a group of villagers relied on a specific stream for their water supply. A new mill owner upstream diverted a significant portion of the water, severely impacting the villagers' ability to farm and live. The villagers collectively decided to take legal steps to compel the mill owner to restore their water rights. The entire legal process they initiated, from their initial petition to the court's eventual judgment regarding the water diversion, could be referred to as a querela.

  This example demonstrates querela as the entire legal action or lawsuit itself, encompassing all stages of the legal proceeding.