Legal Definitions - quod permittat

quod permittat

Historically, a quod permittat was a type of legal action, known as a "writ," used to compel an individual or entity to allow another party to exercise a specific right that was being obstructed or denied. Essentially, it was a legal demand for the interfering party to "permit" the rightful exercise of an established privilege or entitlement.

• Example 1: Right of Way

  Imagine a medieval farmer who possessed a long-standing, legally recognized right to cross a specific path on his neighbor's land to access his own fields. If the neighbor decided to erect a new fence or dig a trench directly across this traditional path, thereby blocking the farmer's access, the farmer could have sought a quod permittat. This writ would have legally compelled the neighbor to remove the obstruction and permit the farmer to continue exercising his established right of way.

• Example 2: Right to Draw Water

  Consider a historical scenario where a village had a customary right to draw water from a particular spring located on a nearby private estate, a right vital for the community's survival. If the estate owner began to divert the spring's flow away from the village's access point or built structures that physically prevented villagers from reaching the spring, the village leaders could have initiated a quod permittat. This legal action would have required the estate owner to cease the interference and allow the villagers to freely exercise their right to access and draw water.

• Example 3: Right to Hold a Market

  In a town granted a royal charter, there might have been an exclusive right to hold a weekly market in a designated public square. If a powerful local lord attempted to establish a rival market directly adjacent to the town's area, or physically blocked access routes to the town's market square, the town's authorities could have potentially used a quod permittat. This writ would have aimed to compel the lord to stop their interference and permit the town to exercise its chartered right to hold its market without obstruction.