Page:EB1911 - Volume 22.djvu/727

 

 QUARE IMPEDIT, in English law, a form of action by which the right of presentation to a benefice is tried. It is so called from the words of the writ formerly in use, which directed the sheriff to command the person disturbing the possession to permit the plaintiff to present a fit person, or to show cause “why he hinders” the plaintiff in his right. The action was one of the few real actions preserved by the Real Property Limitation Act 1833, and survived up to 1860. The effect of the Common Law Procedure Act 1860, § 26, was to assimilate proceedings in quare impedit as far as possible to those in an ordinary action. It is now usually brought against a bishop to try the legality of his refusal to institute a particular clerk. The bishop must fully state upon the pleadings the grounds on which he refuses. Quare impedit is peculiarly the remedy of the patron; the remedy of the clerk is the proceeding called duplex querela in the ecclesiastical court. The action is not barred till the expiration of sixty years, or of three successive incumbencies adverse to the plaintiff's right, whichever period be the longer (Real Property Limitation Act, 1833, § 29). Where the patron of a benefice is a Roman Catholic, one of the universities presents in his place (1689, 1 Will. & Mary, sess. 1, c. 29). By 13 Anne c. 13 (1714), during the pendency of a quare impedit to which either of the universities is a party in right of the patron being a Roman Catholic, the court has power to administer an oath for the discovery of any secret trust, and to order the cestui que trust to repeat and subscribe a declaration against transubstantiation. In Scotland the effect of a quare impedit is attained by action of declaratory. In the United States, owing to the difference of ecclesiastical organization, the action is unknown.

 QUARITCH, BERNARD (1819–1899), English bookseller and collector, was born at Worbis, Germany, on the 23rd of April 1819. After being apprenticed to a bookseller, he went to London in 1842, and was employed by Bohn the publisher. In 1847 he started a bookseller's business off Leicester Square, becoming naturalized as a British subject. In 1848 he started to issue a monthly Catalogue of Foreign and English Books. About 1858 he began to purchase rare books, one of the earliest of such purchases being a copy of the Mazarine Bible, and within a period of forty years he possessed six separate copies of this rare and valuable edition. In 1860 he removed to Piccadilly. In 1873 he published the Bibliotheca Xylographica, Typographica et Palaeographica, a remarkable catalogue of early productions of the printing press of all countries. He became a regular buyer at all the principal book-sales of Europe and America, and from time to time published a variety of other catalogues of old books. Amongst these may be mentioned the Supplemental Catalogue (1877), and in 1880 an immense catalogue of considerably over 2000 pages. The last complete catalogue of his stock was published in 1887-88 under the title General Catalogue of Old Books and Manuscripts, in seven volumes, increased with subsequent supplements to twelve. All these catalogues are of considerable bibliographical value. By this time Quaritch had developed the largest trade in old books in the world. Among the books that he published was Fitz-Gerald's Omar Khayyam, and he was the agent for the publications of the British Museum and the Society of Antiquaries. He died at Hampstead on the 17th of December 1899, leaving his business to his son.

 QUARLES, FRANCIS (1592–1644), English poet, was born at Romford, Essex, and baptized there on the 8th of May 1592. His father, James Quarles, held several places under Elizabeth, and traced his ancestry to a family settled in England before the Conquest. He was entered at Christ's College, Cambridge, in 1608, and subsequently at Lincoln's Inn. He was made cup bearer to the Princess Elizabeth, Electress Palatine, in 1613, remaining abroad for some years; and before 1629 he was appointed secretary to Ussher, the primate of Ireland. About 1633 he returned to England, and spent the next two years in the preparation of his Emblems. In 1639 he was made city chronologer, a post in which Ben Jonson and Thomas Middleton had preceded him. At the outbreak of the Civil War he took the Royalist side, drawing up three pamphlets in 1644 in support of the king's cause. It is said that his house was searched and his papers destroyed by the Parliamentarians in consequence of these publications. He died on the 8th of September in that year.

Quarles married in 1618 Ursula Woodgate, by whom he had eighteen children. His son, John Quarles (1624–1665), was exiled to Flanders for his Royalist sympathies and was the author of Fons Lachrymarum (1648) and other poems.

The work by Which Quarles is best known, the Emblems, was originally published in 1635, with grotesque illustrations engraved by William Marshall and others. The forty-five prints in the last three books are borrowed from the Pia Desideria (Antwerp, 1624) of Herman Hugo. Each “emblem” consists of a paraphrase from a passage of Scripture, expressed in ornate and metaphorical language, followed by passages from the Christian Fathers, and concluding with an epigram of four lines. The Emblems was immensely popular with the vulgar, but the critics of the 17th and 18th centuries had no mercy on Quarles. Sir John Suckling in his Sessions of the Poets disrespectfully alluded to him as he “that makes God speak so big in's poetry.” Pope in the Dunciad spoke of the Emblems,

The works of Quarles include: ''A Feast for Wormes. Set forth in a Poeme of the History of Jonah (1620), which contains other scriptural paraphrases, besides the one that furnishes the title; Hadassa; or the History of Queene Ester (1621); Job Militant, with Meditations Divine and Morall (1624); Sions Elegies, wept by Jeremie the Prophet (1624); Sians Sonets rung by Solomon the King (1624), a paraphrase of the Canticles; The Historie of Samson (1631); Alphabet of Elegies upon Dr Aylmer (1625); Argalus and Parthenia (1629), the subject of which is borrowed from Sir Philip Sidney's Arcadia; four books of Divine Fancies digested into Epigrams, Meditations and Observations (1632); a reissue of his scriptural paraphrases and the Alphabet of Elegies as Divine Poems (1633); Hieroglyphikes''