Legal Definitions - writ of quare impedit

A writ of quare impedit was a specific type of legal action, historically used in English law, to resolve disputes over the right to appoint a cleric to a vacant church position, known as an ecclesiastical benefice. The term "quare impedit" is Latin for "wherefore he hinders." This writ was issued by a court when a patron—an individual or institution holding the right to nominate a priest to a particular church—claimed that another party was unlawfully preventing them from exercising this right. The purpose of the writ was to determine who had the legitimate right of presentation and to ensure that the rightful patron could appoint their chosen candidate without obstruction.

• Example 1: Imagine a wealthy landowner, Lord Ashworth, who, by ancient tradition, holds the patronage rights to the parish church in his village. When the elderly vicar passes away, Lord Ashworth selects a promising young curate, Father Michael, to fill the vacancy. However, the local Bishop, believing he has a superior claim or preferring a different candidate, refuses to institute Father Michael and instead attempts to appoint his own choice.

  How it illustrates the term: Lord Ashworth would have sought a writ of quare impedit to challenge the Bishop's obstruction. The writ would compel the Bishop to appear in court and justify why he was "hindering" Lord Ashworth's exercise of his recognized right to present a cleric to the benefice. The court would then determine whose right of presentation was valid.

• Example 2: Consider two prominent noble families, the Montagues and the Capulets, who have a long-standing feud. A valuable rectory, which comes with significant income and influence, becomes vacant. Both families claim that their lineage holds the rightful patronage to this rectory. When the Montagues attempt to present their chosen priest to the Bishop for institution, the Capulets actively intervene, perhaps by intimidating the Bishop or by physically blocking the Montagues' representative, asserting their own right to appoint.

  How it illustrates the term: In this scenario, either the Montagues or the Capulets could initiate a writ of quare impedit. The legal action would force both parties to present their evidence of patronage to the court. The court's judgment would definitively establish which family held the legitimate right of presentation, thereby resolving the dispute over who could appoint the new rector.

• Example 3: A charitable trust, established centuries ago, holds the patronage for a small chapel attached to a hospital. The trust's board of directors duly selects a new chaplain after the previous one retires. However, a powerful local baron, whose ancestors once owned the land where the chapel stands, suddenly asserts that his family never relinquished the patronage rights and attempts to install his own preferred cleric, preventing the trust's nominee from taking up the post.

  How it illustrates the term: The charitable trust would use a writ of quare impedit to challenge the baron's interference. The writ would serve as a formal legal demand for the baron to explain why he was obstructing the trust's appointment. The court would then examine historical documents and evidence to determine whether the trust or the baron held the lawful right to present a chaplain to the chapel.