If the bishop rejects the clerk within that time he is liable to a duplex querela in the ecclesiastical courts, or to a quare impedit in the common law courts, and the bishop must then certify the reasons of his refusal.
The act also gives to both patron and presentee an alternative mode of appeal against a bishop's refusal to institute or admit, except on a ground of doctrine or ritual, to a court composed of an archbishop of the province and a judge of the High Court nominated for that purpose by the lord chancellor, a course which, however, bars resort being had to the ordinary suits of duplex querela or action of quare impedit.
Where a quare impedit is pending before any court, the court may compel the patron to take an oath that there is no secret trust for the benefit of a Roman Catholic.
his parallel treatise Quare Fratres Minores praedicent.
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