Where such Customs prevailed, it was an idle thing to inquire whether the Ancestor died seised. It seems, London and Oxford enjoyed these Customs. (Bracton fo. 272.) Mr. Somner conceives, that the utility aimed at by the Law in question and the foundation of it was, the good of the Commonwealth, by the maintenance of traffic, which was much encouraged by the liberty of a free devise, though this is somewhat darkly pointed at, as he says, by Glanville in the present passage. (Somner on Gavelkynd, p. 97.)
[463] Vide L. 7. c. 9. &c.
[464] Vide F.N.B. 569. where twelve Jurors are mentioned.
[465] Impetitionem pro impetitiones. The term appears to be generally employed to designate a criminal proceeding; and, if we meet with it connected with the term waste—sine impetitione vasti, we must recollect, that waste under the feudal law was considered as a criminal offence. A much greater latitude was afterwards allowed in the application of the term. (Vide Spelm. Gloss. ad voc. impetitus and impetitio and Cowell ad voc. impeachment. &c.)
[466] Vide Bracton 237. b. et seq. It is not, perhaps, irrelative to observe, that Lord Coke refers to this and the two following chapters among other authorities to prove, that, at Common Law, if a stranger had presented his clerk and he had been admitted and instituted to a church, whereof any subject had been lawful Patron, the Patron had no other remedy to recover his advowson, but a writ of right of advowson, wherein the Incumbent was not to be removed. (Co. Litt. 344. a.)
[467] F.N.B. 68.
[468] “A worthy man, qualified in literature, life, and manners”—are the words of the Reg. Maj. L. 1. c. 2. Vide 1 Bl. Comm. 389.
[469] “And, in the mean time, let them view the Tenement”—added in Cotton. and Bodln. MSS.
[470] Sit laicum feodum. “A Juris Utrum did lie at the Common Law for a Parson against a Layman, and for a Layman against a Parson: but no Juris Utrum did lie for one Parson against another, before this Act, (Westmr. 2d.) because it was the Right of the Church and no Lay Fee. And the words of the writ at the Common Law were, an sit laicum feodum, &c.” (Vide 2 Inst. 407. and the authorities cited by Lord Coke.)
[471] The text is obscure, and contradictory: most probably, falsely transmitted to us.