Definition
A writ in English ecclesiastical law directed against a bishop who refuses to admit a clerk presented to a benefice by the rightful patron. The writ's name translates from Law Latin as "wherefore he did not admit" — a phrasing that signals its purpose: compelling explanation and redress for an unjustified refusal to seat a duly presented clergyman.
When a patron held the right of advowson — the right to present a clerk for appointment to a church living — and the bishop refused to admit that clerk without lawful cause, the patron could bring this writ to recover damages for the wrongful refusal. The writ functioned as a damages remedy, distinct from the writ ad admittendum clericum, which compelled admission directly.
In practice, the writ was rarely necessary. A bishop who refused to execute the writ ad admittendum clericum, or who made an insufficient return to it, could be fined by the court. This alternative enforcement mechanism made quare non admisit largely superfluous in English practice.
Common Confusion
Researchers encountering quare non admisit in historical records should distinguish it from two closely related writs operating in the same space:
— Ad admittendum clericum: A writ compelling the bishop to admit the clerk. This is the primary enforcement mechanism and precedes quare non admisit in the typical sequence of dispute. If ad admittendum clericum achieved its purpose, quare non admisit was unnecessary.
— Quare impedit: A writ addressing the broader disturbance of advowson rights, available when a patron's right to present was obstructed by any party, not solely a bishop's refusal to admit. Quare impedit was far more common and extensively litigated. Researchers finding references to advowson disputes in Year Books or common law reporters are more likely encountering quare impedit than quare non admisit.
The three writs operated in sequence and in overlap: quare impedit addressed obstruction of the right to present; ad admittendum clericum enforced the bishop's duty once presentation was established; quare non admisit sought damages when the bishop's refusal caused loss. Conflating them distorts the procedural history of ecclesiastical patronage litigation.
Why It Matters in Research
This term appears almost exclusively in English legal sources predating the late nineteenth century. Researchers will encounter it in treatises on ecclesiastical law, in digests of common law writs, and in discussions of advowson — a form of property right that was heavily litigated in medieval and early modern England but declined sharply after the Judicature Acts reorganized English courts and as church patronage law was reformed. It has no meaningful American counterpart; the constitutional separation of church and state and the absence of a state church made advowson doctrine irrelevant in United States jurisdictions.
The practical significance noted in the sources — that the writ was rarely or never necessary — means its appearance in a historical record is itself informative. A document referencing quare non admisit likely reflects either a treatise organizing writ-forms systematically (where it appears for completeness), or an unusual factual situation where the standard enforcement tools had failed. Researchers should not expect to find extensive reported case law on the writ itself.
Watson's Clergyman's Law, cited by all four source dictionaries, is the treatise authority on the point regarding episcopal fines as an alternative to the writ. Researchers seeking depth on the ecclesiastical writ system in the English common law context should work from Watson and from standard treatments of advowson, not expect significant primary case law generated by this writ alone.
The incomplete Burrill entry — the source text breaks off mid-sentence — is a reminder that historical dictionary transcriptions can be fragmentary. Researchers relying on Burrill for this term should consult the original.
Historical Dictionary Support
The four source dictionaries show near-complete agreement on definition, function, and the practical observation that the writ was rarely necessary. Black's (both editions) and Rapalje & Lawrence reproduce substantially identical text, all tracing to Watson's Clergyman's Law, page 302, as the underlying authority. The agreement across dictionaries reflects a common source rather than independent verification — a pattern typical of writ-form entries for archaic ecclesiastical procedure.
Burrill's entry, while incomplete in the available transcription, confirms the Law Latin translation ("wherefore, or why he did not admit") and signals that the entry would have situated the writ in English practice — consistent with the other sources.
None of the historical dictionaries provides case citations, which reinforces the point that reported authority on this specific writ was sparse. The dictionaries treat it as part of the systematic catalogue of English writs rather than as a doctrine with active litigation history.
Jurisdictional Note
Quare non admisit is exclusively an English ecclesiastical and common law writ. It has no recognized American equivalent. Advowson as a property right was not received into American law, and no U.S. jurisdiction developed doctrine around this writ.