awarded; that is, to wit, if the time of six months pass by the disturbance of any, so that the bishop do confer to the church, and the very patron loseth his presentation for that time, damages shall be awarded for two years' value of the church. And if the six months be not passed, but the presentment be deraigned within the said time, then damages shall be awarded to the half year's value of the church and if the disturber have not whereof he may recompence damages, in case where the bishop conferreth by lapse of time, he shall be punished by two years' imprisonment. And if the advowson be deraigned within the half year, yet the disturber shall be punished by the imprisonment of half a year.

"And from henceforth writs shall be granted for chapels, prebends, vicarages, hospitals, abbeys, priories, and other houses, which be of the advowsons of other men, that have not been used to be granted before. And when the parson of any church is disturbed to demand tithes in the next parish by a writ of indicavit, the patron of the parson so disturbed, shall have a writ to demand the advowson of the tithes being in demand; and when it is deraigned, then shall the plea pass in the court Christian, as far forth as it is deraigned in the king's court.

"When an advowson descendeth unto parceners, though one present twice and usurpeth upon his coheir, yet he that was negligent shall not be

clearly barred, but another time shall have his turn to present when it falleth.'

Yet still, if the true patron omitted to bring his action within six months, the seisin was gained by the usurper, and the patron, to recover it, was driven to the long and hazardous process of a writ of right.

To remedy which, it was farther enacted by the statute 7 Ann. c. 18, that no usurpation shall displace the estate or interest of the patron, or turn it to a mere right, but that the true patron may present upon the next avoidance, as if no such usurpation had happened.

Quare impedit is a possessory action, may be brought by the king in right of his crown, or on a title by lapse by a common person, or by several who have the same title, by an executor or administrator.

To maintain this action, however, there must be a disturbance. It then lies by him who, being in possession of an advowson of a church, is disturbed in the presentation; as by a purchaser who may allege a presentation in him from whom he purchased the same (1); by the grantee of the next avoidance, against the

(1) 2 Inst. 356. Rex. v. | Vaug. R. 7.
The Bishop of Landaff, Str.
R. 1007. Tufton v. Temple,

Thrale v. The Bishop of London, 1 Hen. Bl. R. 376. 530.

patron who granted it (1); by a husband, where the church of his wife becomes void during the coverture; by an infant claiming by descent, during his minority; or a feme covert after the death of her husband; and in the case of the infant, notwithstanding his ancestor purchased and never presented to the advowson ('); by the chapter against the dean of their several posses sions; or by an executor, for a disturbance in the time of the testator.

If a stranger usurps upon a tenant for life, by the curtesy, in dower, in tail, or upon tenant for years, by demise of the ancestor, the heir, if he is disturbed, on the next avoidance may present, or may bring his quare impedit, in which he must lay the last presentation in his ancestor, and pass over the usurpation, as by the statute of Westminster it is to be counted as none to this purpose.

So if there is an usurpation in the time of the vacancy of the bishoprick, archdeaconry, or rectory; but in all these cases the usurper has gained the inheritance by wrong, and the statute will not revest the right, but only gives a possessory action to remove the incumbent. (3)

(*) 2 Rol. Abr. 375. (2) 2 Inst. 358, 359. 1 Inst. 351. a. Owen's R. 85.

(3) Boswell's case, 6 Rep.

T

Stan

50. F. N. B. 34. x.
hope v. The Bishop of Lin-
coln, Hob. R. 237.

One coparcener, upon an agreement to present by turns, may have this action against another coparcener who disturbs her in presenting in her turn. (1) And if a clerk donative be disturbed, the patron may have a quare impedit of this church donative, and the writ shall say quod permittat ipsum præsentare ad ecclesiam, and declare the special matter in his declaration. (2)

Again, if a husband is disturbed in presenting to an advowson which he has in right of his wife, and dies, the wife may have a quare impedit of that disturbance; as may a guardian in socage of a manor to which an advowson is appendant, and in his own name, though he cannot make any account for it. (3) And if the ancestor suffers a person to appropriate the advowson, and dies after the six months pass, and after the heir suffers other six months to pass, he may present, and may have this action. (4)

If there are distinct patrons and incumbents, so that the church is divided into moieties, the quare impedit must be præsentare ad medietatem ecclesiæ, but in such case it may also be præsentare ad ecclesiam, because the half is but as one

(*) Bro. Qua. Imp. 139.
(*) 1 Inst. 344. a.

(3) 3 Mal. Q. Imp. 150.

Bro. Baron, and Feme, 28. 41.

(4) Bro. Qua. Imp. 141.

church to him ('); and if the right of nomination is in one, and that of presentation in an other, the quare impedit will lie by the person having the nomination, against the person who has the presentation and obstructs the right. (2)

So where there are distinct patrons of an advowson in one and the same church, as where one has the first portion, and another the second, he who is disturbed may have a quare impedit præsentare to such a part; but he must declare that he was seised of the advowson of that part, and not allege that he was seised generally; as, if he does, the action shall abate. (3)

For if there are several plaintiffs, and they vary in title, the writ abates.

If tenants in common make composition to present by turns, the plaintiff in his count must mention the composition before it is executed; and in every case where the plaintiff shows a right to present by turn, he ought regularly to show how such a right commenced, whether by prescription, composition, or otherwise (4); and as has been observed, it may commence be.

(1) Richard Smith's case, 10 Rep. 136. Windsor's case, 5 Rep. 102. Holland's case,

4 Rep. 75. 1 Inst. 18. a.

(2) The King v. The Mar

quis of Stafford, 3 T. R. 651. Rast. 506. b.

(3) Rex v. The Marquis of Stafford, 3 T. R. 646.

(4) Com. Dig. tit. Pleader, (3 J. 4.) Dy, 29, a.