Quare Impedit - Definition - Law Dictionary Home Dictionary Definition quare-impedit

Definition :

Quare impedit (wherefore he hindered), a real possessory action, which could formerly be brought only in the court of Common Pleas, and lies to recover a presentation, when the patron's right is disturbed, or to try a disputed title to an advowson.

Previous to the passing of the (English) Common Law Procedure Act, 1860, the action was commen-ced by an original writ issuing out of Chancery but s. 26 of that Act did away with this singularity of procedure, which is now the same as in other actions in the High Court.

The judgment is that the successful party recover his presentation, and a writ issues to the bishop, commanding him to admit his presentee.

In cases where there is an appeal to the archbishop and a judge against a bishop's refusal to institute (see BENEFICE), quare impedit is abolished by s. 3 (5) of the (English) Benefices Act, 1898.

Quare impedit, commands the disturbers, the bishop, the pseudo-patron, and his clerk, to permit the plaintiff to present a proper person (without specifying the particular clerk) to such a vacant church, which pertains to his patronage; and which the defendants, as he alleges, do obstruct; and unless they so do, then that they appear in court to show the reason why they hinder him, Commentaries on the Laws of England, 3 William Blackstone 248 (1768).

Means 'why he hinders'. A writ or action to enforce a patron's right to present a person to fill a vacant benefice. Also termed writ of quare impedit, Black's Law Dictionary, 7th Edn., p. 1256.