[Footnote 269: Lord Littleton thinks, the reason for exempting Widows from the penalty was, that they, not being under the custody of their Lords, their incontinence was no breach of the Duty and reverence due from a Vassal. (3. Hist. Hen. 2. p. 119.) The Mirror coincides with the text. (c. 1. s. 3.) The custom of Gavelkynd is less liberal to the frailty of the widow. (Robins. on Gavelkynd 195.)] But the assertion which is generally made, that incontinence[270] is no forfeiture of the Inheritance, is to be understood of the crime of the Mother; because, that Son is the lawful Heir, whom marriage proves to be such.[271] [Footnote 270: _Putagium_; quasi, says Spelman, _puttam agere_ a Gall. _putte_, Ital. _putta_, meretrix. Petrarch. PUTTA SFACCIATA. (Spelm. Gloss. ad voc.)] [Footnote 271: For the Common Law, says the Mirror, only taketh him to be a Son, whom the marriage proveth to be so. (Mirror p. 70. See also Bracton 63. a. b.)] CHAP. XIII. Neither a Bastard,[272] nor any other person not born in lawful wedlock, can be, in the legal sense of the term, an Heir.[273] But if any one claims an Inheritance in the character of Heir, and the other party object to him, that he cannot be Heir, because he was not born in lawful wedlock, then, indeed, the Plea shall cease in the King’s Court, and the Arch-Bishop or Bishop of the place shall be commanded, to inquire concerning such marriage, and to make known his decision, either to the King or his Justices. [Footnote 272: The Norman Code enumerates four Impediments to Succession.—Bastardy, profession of Religion, forfeiture, and incurable Leprosy. (Le Grand Custum. de Norm. 27.) Bastardy seems to have been a legal objection to a witness under the Assises of Jerusalem. (56.)] [Footnote 273: A different Law prevailed amongst the ancient Welch people, as Lord Hale deduces, from considering the _Statutum Walliæ_ 12. Ed. 1. and, he thinks, that the Ancient British admitted Bastards to inherit. (1. Hist. Com. Law 219.)] For this purpose, the following Writ shall Issue:—— CHAP. XIV. “The King to the Arch-Bishop, Health. _W._ appearing before me in my Court has demanded against _R._ his Brother, the fourth part of one Knight’s Fee, in such a Vill, as his right, and in which the said _R._ has no right, as _W._ says, because he is a Bastard born before the Marriage of their Mother. And, since it does not belong to my Court to inquire concerning Bastardy, I send them unto you commanding, that you do in the Court Christian that which belongs to you. And when the Suit is brought to its proper end before you, inform me by your Letter what has been done before you concerning it. Witness, &c.” CHAP. XV.