SS5 



QUARE IMPEDIT. 



QUARRY AND QUARRYING 



830 



of these returns have been published by the Board of Trade. The first 

 abstract, published May, I860, consists of an "Abstract of the re- 

 gulations in force in foreign countries respecting quarantine." The 

 second paper consists of " Returns of information on the laws of quaran- 

 tine," published August, 1860. These papers contain by far the 

 largest amount of information to be obtained at present on the subject, 

 and it is hoped that then- publication will lead to permanent changes 

 in the present laws of quarantine. 



QI'ARE IMPEDIT. When an ecclesiastical benefice becomes 

 vacant, unless the patron [ADVOWSON] present his clerk, that is, a 

 clergyman, to the bishop of the diocese for institution, within six 

 calendar months, the right lapses to the bishop, who may collate to the 

 vacant benefice. But if a presentation be made by the patron within 

 the six months, and that presentation is rendered ineffectual by the 

 bishop's refusal to institute the clerk presented, the patron may obtain 

 redress for this interference with his right of patronage in an action of 

 Quare impedit, a proceeding so called because therein the defendant is 

 required to state Quare impedit (why he hinders) the plaintiff from 

 exercising his right of presentation. If the bishop be the sole disturber 

 of the right, as is the case when he rejects the clerk upon an unfounded 

 allegation of personal incapacity, as illiterature, immorality, &c., the 

 action of Quare impedit is brought against the bishop alone. Where 

 tin' bishop has instituted a clerk upon the presentation of a party 

 wrongfully claiming to be patron, the action is usually brought against 

 the bishop, the patron so claiming, and his clerk jointly; for unless 

 the bishop be made a party to the suit, a title to present by lapse will 

 atcrue to him if the suit remain undetermined at the end of the six 

 months, and the clerk instituted is shown to be an intruder. If the 

 clerk be omitted, there can be no process (in a suit to which he is no 

 party) to remove him from the benefice in case he has been instituted ; 

 and the consequence will be that the plaintiff must lose his right of 

 presenting for the present turn. 



The writ by which this action is now commenced is the same as in 

 iithi-r suite ('23 & 24 Viet. c. 126, s. 26). The plaintiff, in his declara- 

 tion, sets out some former presentation to the same benefice, and if 

 that presentation was not by himself, he must formally deduce a title 

 to himself, by descent or purchase, from the party by whom the pre- 

 sentation on some former vacancy is alleged to have been made. The 

 declaration must also show a disturbance before the bringing of the 

 action. Upon this the bishop and the clerk may disclaim all title, 

 save only, the one, as ordinary, to admit and institute, and the other, as 

 presentee of the patron, who is left to defend his own right. But if 

 the bishop has done more than he was bound to do as ordinary, 

 especially where he has wrongfully collated the benefice, the plaintiff 

 may, in his replication, allege special disturbance in the bishop for the 

 purpose of making him a substantial defendant. If the right be found 

 for the plaintiff on the trial, the jury who try the cause are to inquire 

 of three other points : 1st, Whether the church, &c., is full, and if full, 

 of whose presentation; for if it be of the defendant's presentation, 

 then the clerk is removeable, provided the writ has been brought in 

 due time ; 2nd, What the value of the living is, and this with a view 

 wsefninent of damages, which are directed to be given by the 

 statute (13 Ed. I.) ; 3rd, In case of plenarty (that is, of the benefice 

 being fulli, upon a usurpation, whether six calendar months have 

 pawed between the avoidance and the time of bringing the action ; 

 because the statute which permits a usurpation to be divested by a 

 impedit, does so only when the action is brought within the six 

 months, and at common law plenarty is a bar to the action of Quare 

 :t, however early the action may have been commenced. If the 

 jury find that the plaintiff had the right to present, and that his action 

 was commenced within the six months, he has judgment to recover 

 this presentation ; and if the church, &c., be full by institution of any 

 clerk, process issues to remove him, unless whilst the action was 

 depending, the bishop (not having been made a party to the suit) has 

 collated by lapse ; in which case the plaintiff loses the present pre- 

 sentation, but is entitled to recover the full amount of the income of 

 ucfice for two years from the defendant, the pseudo-patron, as a 

 xat Ufaction for the turn lost by his disturbance ; and in case of inability 

 to pay, the defendant is liable to imprisonment for two years. But if 

 at the termination of the suit the church still remains void, the party 

 to whom the presentation is found to belong, whether plaintiff or 

 ili 'tVn lint, ni:iy *tie out a writ "ad admittendum clericum," by which 

 nimanded to admit and institute the clerk of the 

 i'nl party. If, upon this writ, the clerk be not admitted, the 

 i may recover satisfaction in damages against the bishop in an 

 action for such refusal. 



The patron only, and not the clerk, can maintain an action against 

 th" disturber. But under several statutes passed in the reigns of 

 James I., William and Mary, and Anne, which took away the right of 

 presentation from Roman Catholic patrons, the clerks presented are 

 empowered to take certain proceedings in support of their interests. 

 Th right of presenting to benefices belonging to Roman Catholic 

 :i is vested by those statutes in the universities of Oxford and 

 Cambridge, according to a distribution of counties given in the act of 

 James I. ; most of the counties in the south and west of England being 

 for this purpose annexed to Oxford, and those in the north and east to 

 Cambridge. The 12 Anne, st. ii. c. 14, provides (s. 4) that besidiM the 

 writs of Quare irnpedit which the universities as patrons are entitled 



to bring, they or their clerks may file a bill in equity against any 

 person presenting to such livings and disturbing their right of 

 patronage, in order to compel a discovery of any secret trusts for the 

 benefit of Roman Catholics in evasion of these statutes : and also (by 

 11 Geo. II. c. 17) to compel a discovery whether grants or conveyances 

 of such advowsons were made bonA fide to a Protestant purchaser for 

 the benefit of Protestants and for a full consideration ; without which 

 requisites every such grant and conveyance of any advowson is 

 declared to be void. This is the only case in which the clerk is at 

 liberty to interfere with the recovery of a presentation of which he is 

 afterwards to have the advantage. 



The statutes giving to the universities the right to present to 

 benefices belonging to Roman Catholic patrons do not affect the exercise 

 of the right of patronage in any other class. Dissenters, and even 

 Jews and pagans, may exercise this right. When the disability was 

 first created, persons professing the Roman Catholic religion were the 

 only class from whom any danger in a political or religious point of 

 view was apprehended ; and the circumstance that persons who have 

 been admitted to holy orders in the Church of Rome are capable of 

 holding benefices in the Church of England may perhaps havejncreased 

 the jealousy with which Roman Catholic patrons were regarded by the 

 legislature. 



It has lately been held that these statutes do not transfer any right 

 of presentation to the universities where the patronage of a vacant 

 benefice is vested in several parties, unless all of them be persons pro- 

 fessing the Roman Catholic religion. If there be two patrons, one a 

 Protestant and the other a Roman Catholic, the entire right of 

 presentation vests in the former. 



Finally, no person shall bring a Quare impedit or any suit to enforce 

 a right to present to or bestow any ecclesiastical benefice after the 

 expiration of the period during which three clerks in succession shall 

 have held the same, all of whom shall have obtained possession thereof 

 adversely to the right of such person, or of some person through 

 whom he claims, if the times of such incumbencies taken together 

 shall amount to the full period of sixty years ; and if the time of such 

 incumbencies shall not together amount to the full period of sixty 

 years, then after the expiration of such further time as with the times 

 of such incumbencies will make up the full period of sixty years. 

 (3 & 4 Will. IV. c. 27, s. 30.) 



QUARRY and QUARRYING. A quarry is an excavation in the 

 ground, from whence are extracted marble, stone, or chalk, for the 

 purposes chiefly of sculpture, building, and civil engineering. The name 

 appears to have been applied to such excavations from the circumstance 

 that the materials obtained from them are there quadrated or formed 

 into rectangular blocks. 



Egypt abounds with rocks of calcareous stone, sandstone, and 

 granite ; and all these materials have been employed in the formation of 

 the massive works which yet remain to attest the magnificence of the 

 ancient people of that country. The walls of most of the temples were 

 constructed of sandstone, which appears to have been chiefly obtained 

 from the quarries stretching along the banks of the Nile, in the 

 mountains of Silsileh ; but the obelisks and statues which adorned 

 those temples are formed of Syenite, or Oriental granite, drawn from 

 the quarries in the islands of Philce and Elephantine, and particu- 

 larly from the vast excavations in the mountain terraces about Syene. 

 (' Egypt. Autiq." ' Library of Entertaining Knowledge.') The stone 

 which has served for the pyramid of Cheops is a carbonate of lime, of 

 a light gray colour ; and the same kind of stone forms the interior 

 mass of the pyramid of Mycerinus ; but the latter is covered with red 

 granite. The monolith at Sais, in the Delta, was formed of a single 

 block of granite, which was floated down the Nile on a raft, from the 

 quarry in Elephantine. (Herod, ii. 175.) 



The master-pieces of Grecian sculpture were executed in the rich 

 white marbles of Attica and the islands of the Archipelago. The 

 quarries of Mount Pentelicus near Athens supplied the materials for 

 the Parthenon and the temple of Theseus in that city, and for the 

 temple of Ceres and Proserpine at Eleusis ; and both in Greece and 

 Asia Minor an abundance of stone of a greenish-white was dug from 

 the earth for the ordinary purposes of architecture. The marble of 

 Peutelicus, which lies on the surface of the rocky mountain, was 

 obtained by cutting the side of the hill into vertical cliffs ; and about 

 the foot of the escarpment there still remain some of the blocks of 

 marble partly cut in form for the shafts of columns. The quarries at 

 Epheaus are said to have constituted an immense labyrinth. Tin- 

 quarry in the hill Epipolre, with the stone from which the edifices of 

 Syracuse were constructed, appears to have been of vast extent, since 

 it was capacious enough to contain the 7000 Greek soldiers who had 

 been taken prisoners when the army of Niciaa retreated from that city. 

 (Thucyd. vii. 86.) The quarries of the Greeks and Romans were 

 worked by slaves ; and as the labour was of a severe kind, we find 

 frequent allusions to the practice of sending unruly slaves to work in 

 the quarries as a punishment. 



We learn from Vitruvius (lib. ii. cap. 7) that the buildings of ancient 

 Italy were constructed with stones of several different kinds. The 

 Tiburtine or Travertine stone is a calcareous rock ; it was employed in 

 constructing most of the buildings of ancient Rome. The quarries in 

 Umbria and Picenum furnished a white stone which could be cut with 

 a saw, and would stand well in situations where it was sheltered from 



