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The difference between ordinary and extraordinary is practice.
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Legal Definitions - querela coram rege a concilio discutienda et terminanda
Definition of querela coram rege a concilio discutienda et terminanda
Querela coram rege a concilio discutienda et terminanda is a historical legal term from medieval England. It refers to a formal written command, known as a writ, that ordered an individual to appear directly before the King and his royal council. The purpose was to address a specific complaint, accusation, or dispute that was deemed important enough to require the King's personal attention and resolution by his highest advisory body.
Example 1: A Feudal Land Dispute
Imagine two powerful feudal lords, Lord Blackwood and Lord Ironoak, are locked in a bitter dispute over the ownership of a strategically important forest. Their conflict has escalated, threatening to disrupt peace in the region and potentially leading to armed skirmishes between their retinues. To prevent widespread unrest and assert royal authority, the King issues a querela coram rege a concilio discutienda et terminanda. This writ compels both lords to cease their hostilities and appear before the King and his council to present their claims, allowing the highest court in the land to hear and definitively resolve the matter.
Example 2: Accusation of High Treason
A prominent knight, Sir Reginald, is accused by a royal informant of secretly plotting against the King, attempting to incite rebellion among the common folk. Given the grave nature of the accusation, which directly threatens the stability of the realm and the King's sovereignty, the King would issue a querela coram rege a concilio discutienda et terminanda. This writ would summon Sir Reginald to appear before the King and his council, bypassing local courts, so that the serious charge of treason could be thoroughly investigated and judged by the ultimate authority.
Example 3: A Complex Commercial Grievance
A guild of London merchants files a complaint against a powerful foreign trading company, alleging unfair practices and monopolistic behavior that are severely damaging their livelihoods. The dispute involves intricate trade agreements, international relations, and significant economic implications for the kingdom. Since the matter is too complex and far-reaching for a local court to handle effectively, and impacts the King's treasury and foreign policy, a querela coram rege a concilio discutienda et terminanda would be issued. This would bring the parties before the King and his council, who possessed the expertise and authority to arbitrate such a significant commercial grievance and establish a ruling that would serve the kingdom's broader interests.
Simple Definition
Querela coram rege a concilio discutienda et terminanda was a historical legal writ. It commanded an individual to appear before the king and his council to answer for a trespass or dispute, which would then be discussed and resolved by that body.