Legal Definitions - quare incumbravit

Quare Incumbravit

Quare Incumbravit was a legal writ or action used in the past to force a bishop to explain why they gave a church benefice to their clerk within six months of it becoming vacant, even though other clerks were also competing for the position. This writ was used in a quare impedit action, which was a legal action to determine who had the right to present a candidate for a church benefice.

For example, if a church benefice became vacant, and several clerks were competing for the position, the bishop might give the benefice to their own clerk. If this happened within six months of the benefice becoming vacant, the other clerks could use a quare incumbravit writ to force the bishop to explain why they gave the benefice to their clerk instead of one of the other contenders.

This writ was abolished in 1833, so it is no longer used today.