quare impeditn.

Brit.

/ˌkwɛːrɪ ˈɪmpᵻdɪt/,

/ˌkwɑːreɪ ᵻmˈpɛdɪt/, U.S.

/ˌkwɑreɪ ˈɪmpədət/,

/ˌkwɑreɪ əmˈpɛdət/

Origin: Of multiple origins. Partly a borrowing from French. Partly a borrowing from Latin. Etymons: French quare impedit; Latin quare impedit.

Etymology: < Anglo-Norman quare impedit (1259 or earlier, denoting both the writ and the legal action; compare bref Quare impedit writ of quare impedit (1259 or earlier)) and its etymon post-classical Latin quare impedit (1198, 1368 in British sources denoting the writ, from 1259 in British sources denoting the legal action), literally ‘why he hinders’ < classical Latin quārē why, wherefore ( < quā , feminine ablative of quī who (see who pron.) + rē , ablative of rēs thing: see res n.¹) + impedit , 3rd singular of impedīre impede v.The writ was probably created between 1187 and 1196: see further J. Tate in Jrnl. Legal Hist. (2004) 25 203–19. It came to be introduced by the words quod permittat, but quare impedit was an earlier formulation, which gave rise to the name of the legal action (the name quod permittat came to be attached to a different kind of writ using these words). See further S. F. C. Milsom in E. Shanks Novae Narrationes (1963) p. xlv–xlvi.

Law. Now historical.

A writ issued in cases of disputed presentation to a benefice, requiring the defendant to state why he or she hinders the plaintiff from making the presentation; an action brought in such a case.

ΘΚΠ

society > law > administration of justice > process, writ, warrant, or order > [noun] > writ > other types of writ

utrumc1290

quo warrantoa1325

writ of right closea1325

writ of oyer and terminer1414

writ of right1414

quare impedit?a1424

prohibition?1435

praecipec1440

supplicavita1450

replevy1451

ouster-le-main1485

praecipe in capitec1523

value1527

inhibition1532

rehabilitation1533

melius inquirendum1549

ne exeat regnum1559

quo minus1592

letters (or writ) of supplementc1600

inhibition1603

fair pleading1607

ingressu1607

ne exeat regno1607

account1622

associationa1625

ship-writ1640

cessavit1641

ne exeat1644

devastavit1651

right close1651

writ of second deliverance1652

fair pleader1655

beaupleader1700

proclamation writ1713

writ of inquiry1809

writ of intendence and respondence1881

?a1424 in C. L. Kingsford Stonor Lett. & Papers (1919) I. 35 Osebarn and Cassy have pursued a new writ of quare impedit aȝeyns J. Golafre, J. Warfeld, and þe incumbent, and þoghten..to have hade a pryve recovere.

1527 Statutes Prohemium Iohannis Rastell (new ed.) f. cxcvi They that recouer theyr heyres and assynes shall haue a quare impedit yf they be dysturbyd.

a1558 W. Stanford Expos. Kinges Prerog. (1567) f. 54^v If his highnes bringe his Quare impedit or accion of trespas.

1604 Bp. W. Barlow Summe Conf. at Hampton Court 53 The law of the land..admitteth of a very mean and tollerable sufficiency in any Clerk; so that, if the Bishop should not admit them, then presently, a Quare impedit is sent out against him.

a1670 J. Hacket Scrinia Reserata (1693) ii. 79 In matters ecclesiastical, as Advousons, Presentations, Quare-impedits, etc.

1709 W. Oldisworth Dial. Timothy & Philatheus I. 205 I cannot find, that this Expression does in the Modern Translation import, a Writ of Quare Impedit.

1768 W. Blackstone Comm. Laws Eng. III. xvi. 248 The writ of quare impedit commands the disturbers, the bishop, the pseudo-patron, and his clerk, to permit the plaintiff to present a proper person..to such a vacant church.

1804 Bp. of Lincoln in G. Rose Diaries (1860) II. 88 A caveat or a quare impedit may be advised.

1875 E. Poste tr. Gaius Institutionum Iuris Civilis (ed. 2) iv. 636 Both parties are said to be equally plaintiffs and equally defendants in the actions..Quare impedit and Replevin.

1928 Columbia Law Rev. 43 511 The judgements given against the bishops in suits of quare impedit were in some cases nullified.

1988 P. Heath Church & Realm iii. 124 If the sitting incumbent—or his bishop—was obstructive, a writ of quare impedit would assign the matter to a local jury to decide whether the living was void or not.

This entry has been updated (OED Third Edition, December 2007; most recently modified version published online March 2022).

单词	quare impedit
释义	quare impeditn. Brit. /ˌkwɛːrɪ ˈɪmpᵻdɪt/, /ˌkwɑːreɪ ᵻmˈpɛdɪt/, U.S. /ˌkwɑreɪ ˈɪmpədət/, /ˌkwɑreɪ əmˈpɛdət/ Origin: Of multiple origins. Partly a borrowing from French. Partly a borrowing from Latin. Etymons: French quare impedit; Latin quare impedit. Etymology: < Anglo-Norman quare impedit (1259 or earlier, denoting both the writ and the legal action; compare bref Quare impedit writ of quare impedit (1259 or earlier)) and its etymon post-classical Latin quare impedit (1198, 1368 in British sources denoting the writ, from 1259 in British sources denoting the legal action), literally ‘why he hinders’ < classical Latin quārē why, wherefore ( < quā , feminine ablative of quī who (see who pron.) + rē , ablative of rēs thing: see res n.¹) + impedit , 3rd singular of impedīre impede v.The writ was probably created between 1187 and 1196: see further J. Tate in Jrnl. Legal Hist. (2004) 25 203–19. It came to be introduced by the words quod permittat, but quare impedit was an earlier formulation, which gave rise to the name of the legal action (the name quod permittat came to be attached to a different kind of writ using these words). See further S. F. C. Milsom in E. Shanks Novae Narrationes (1963) p. xlv–xlvi. Law. Now historical. A writ issued in cases of disputed presentation to a benefice, requiring the defendant to state why he or she hinders the plaintiff from making the presentation; an action brought in such a case. ΘΚΠ society > law > administration of justice > process, writ, warrant, or order > [noun] > writ > other types of writ utrumc1290 quo warrantoa1325 writ of right closea1325 writ of oyer and terminer1414 writ of right1414 quare impedit?a1424 prohibition?1435 praecipec1440 supplicavita1450 replevy1451 ouster-le-main1485 praecipe in capitec1523 value1527 inhibition1532 rehabilitation1533 melius inquirendum1549 ne exeat regnum1559 quo minus1592 letters (or writ) of supplementc1600 inhibition1603 fair pleading1607 ingressu1607 ne exeat regno1607 account1622 associationa1625 ship-writ1640 cessavit1641 ne exeat1644 devastavit1651 right close1651 writ of second deliverance1652 fair pleader1655 beaupleader1700 proclamation writ1713 writ of inquiry1809 writ of intendence and respondence1881 ?a1424 in C. L. Kingsford Stonor Lett. & Papers (1919) I. 35 Osebarn and Cassy have pursued a new writ of quare impedit aȝeyns J. Golafre, J. Warfeld, and þe incumbent, and þoghten..to have hade a pryve recovere. 1527 Statutes Prohemium Iohannis Rastell (new ed.) f. cxcvi They that recouer theyr heyres and assynes shall haue a quare impedit yf they be dysturbyd. a1558 W. Stanford Expos. Kinges Prerog. (1567) f. 54^v If his highnes bringe his Quare impedit or accion of trespas. 1604 Bp. W. Barlow Summe Conf. at Hampton Court 53 The law of the land..admitteth of a very mean and tollerable sufficiency in any Clerk; so that, if the Bishop should not admit them, then presently, a Quare impedit is sent out against him. a1670 J. Hacket Scrinia Reserata (1693) ii. 79 In matters ecclesiastical, as Advousons, Presentations, Quare-impedits, etc. 1709 W. Oldisworth Dial. Timothy & Philatheus I. 205 I cannot find, that this Expression does in the Modern Translation import, a Writ of Quare Impedit. 1768 W. Blackstone Comm. Laws Eng. III. xvi. 248 The writ of quare impedit commands the disturbers, the bishop, the pseudo-patron, and his clerk, to permit the plaintiff to present a proper person..to such a vacant church. 1804 Bp. of Lincoln in G. Rose Diaries (1860) II. 88 A caveat or a quare impedit may be advised. 1875 E. Poste tr. Gaius Institutionum Iuris Civilis (ed. 2) iv. 636 Both parties are said to be equally plaintiffs and equally defendants in the actions..Quare impedit and Replevin. 1928 Columbia Law Rev. 43 511 The judgements given against the bishops in suits of quare impedit were in some cases nullified. 1988 P. Heath Church & Realm iii. 124 If the sitting incumbent—or his bishop—was obstructive, a writ of quare impedit would assign the matter to a local jury to decide whether the living was void or not. This entry has been updated (OED Third Edition, December 2007; most recently modified version published online March 2022). < n.?a1424
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