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Against the Lord that enters for Mortmain, it is no Plea; because the Lord hath liberty by the Law to enter at any time within the year, 21 Edw. 3.27. pl. 25. 29 Edw. 3.10. pl. 31. Thorpe. 47 Edw. 3.11. pl. 8.
But after the year it is a good plea, 25 Edw. 3.34. 26 Edw. 3. Quare Impedit. 163. For then he is in the condition of another Pe∣tron.
Quaere if it be good against the Lord by ••••••cheat, •••• Hen. 8.14. Brudenel. It seems
it is, for he shall be in no better condition then, than the Patron that died without Heir.
It is no plea against the King, 35 Hen. 6.26. A. 1 Edw. 3.17. pl. 9. 8 Edw. 3.304. pl. 55. 43 Edw. 3.14. pl. 8. For it is not a Plea in chief to determine the right, but only delatory, and the King shall not be delayed.
But against the Queen, Mother or Consort, it seems to be good, 18 Edw. 3.13. pl. 9. 44 Edw. 3. Br. Plenarty 4. For she is but a sub∣ject, and shall be in no better condition in the eye of the Law.
A good Bar to say,* 1.1 that the Plaintiff present∣ed his Clerk, and that he was inducted before the Writ purchased, 12 Hen. 4.11. pl. 21. vide Crooke. 12 Hen. 7.20. pl. 6. For then he could have no cause of Action.
A Recovery in another Quare Impedit,* 1.2 no Bar against the King, for he may make another Ti∣tle, Nat. br. 35. P. than was made before, and a better it may be.
A Recovery by by the Plaintiff against another in a Quare Impedit for the same Advowson, no Bar; for there might be two disturbers.
Recovery by a Stranger in another Quare Impe∣dit, no Bar, Crooke. 18 Hen. 7.49. pl. 4. For nothing concerns the present Plaintiff.
That the Plaintiff is a Recusant Convict,* 1.3 a good Bar; for the Presentment is given to the University, per 3 Jac. And therefore the Plain∣tiff can have no cause of Action.
Release of Actions Personals a good Bar,* 1.4 22 Hen. 6.25, vel 27. Littleton. fol. 116. A.
30 Hen. 6. Bar. 59. For this is a mixt Action, and so it is personal in part.
So of Actions real, Litteton 116. A. 9 Hen. 6.57. Martin: For being next, it is also real as well as personal.
If a Presentment be alledged in the Ancestry of the Plaintiff, it is a good Bar to plead a Re∣lease and Quit claim of the Ancestry, pro fine 8 Edw. 2. Quare Impedit 166. For thereby the Plaintiffs cause of Action is extinct.
If there be more Plaintiffs in a Quare Impedit than one, the Release of one is no Bar, but for him only that released, Coke 5. part 97. B. Nor. thumberlands case. 30 Hen. 6. Bar. 59. Forte∣scue. For their Titles may be distinct and seve∣ral.
Presenta∣tion.
Recovery.
Recusancy
Release.