If, therefore, the full age of the person whose age is in dispute shall
be proved by such Recognition, from thenceforward he must be treated
as one of full age, so far as respects the principal Recognition. But,
it may be doubted, whether, generally speaking, and with reference
to the suits[465] of others, he should, by force of the present
Recognition, be considered as of full age, in such manner as not to
be able to protect himself under the privilege of age. But, if such
Recognition should find him a Minor, he shall avail himself of the
privilege of infancy, so far as respects the principal Recognition;
but, it may be questioned, how far he can avail himself of it on other
occasions and in other suits.
[Footnote 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.)]
CHAP. XVIII.
It follows, that we speak of the Recognition _de ultimâ
presentatione_.[466] If, upon the vacancy of a Church, there be a
controversy concerning the Presentation, it may be decided by a
Recognition _de ultimâ presentatione_, upon either of the litigating
parties requiring it in Court. On such an occasion, he shall obtain the
following Writ——
[Footnote 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.)]
CHAP. XIX.
“The King to the Sheriff, Health.[467] Summon, by good Summoners,
twelve free and lawful Men of the Neighbourhood of such a Vill, that
they be before me, or my Justices, such a day, prepared on their oaths
to return, what Patron presented the last Parson who died, to the
Church of such a Vill, which is, as it is said, vacant, and of which
_N._ claims the Advowson; and cause their names to be imbreviated; and
summon, by good Summoners, _R._, who deforced that Presentation, that
he be then there to hear the Recognition—and have there, &c.”
[Footnote 467: F.N.B. 68.]
CHAP. XX.
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