[Footnote 204: The Regiam Majestatem lays it down, that a man _cannot_
give any part of his Inheritance to his illegitimate Son. (L. 2. c.
19.) The Grand Norman Custumary also expressly denies the validity of a
gift, sale, delivery, or pledge, by a Father, to his illegitimate Son
of any part of the former’s hereditary Estate, adding that it might be
impeached within a year and a day after the Father’s decease. (Le Grand
Custum. de Norm. c. 36.) We must recollect that both these celebrated
works were _posterior_ to Glanville—the Law, therefore, had, in the
point now before us, undergone some alteration in the intervening
period.]
[Footnote 205: Vide Sullivan’s Lectures on the Laws of England, p. 149.]
[Footnote 206: It is observed by a justly celebrated writer that,
in the old restraints upon alienation, which we find in the Laws of
England and Scotland, no distinction is made, whether the fief was held
by a military or socage tenure; and that, in the same old Laws, the
restraint upon alienation is almost absolute, where the Tenant is in
by descent, but very loose when he is in by purchase; and the writer
in question concludes that, the _Interest of the Heir_ created the
difference. (Vide Dalrymple on Feuds p. 80.) The writer just mentioned
furnishes an excellent comment upon this part of our Author. (c. 3. s.
1.)]
[Footnote 207: _Hæres remotior._ _Hæres remotior_ has a peculiar
signification in our Author. Except a Son and Daughter, who were
_Hæredes proximi_, every Heir was _hæres remotior_. See cap. 3. of this
Book. No Heir, says the Reg. Maj. being of farther degree than the son
or daughter, may impugn that gift any manner of ways. (L. 2. c. 20.)]
[Footnote 208: Vide Craig de Jure Feud. p. 349. 354. 368. and also
Somner on Gavelkynd.]
[Footnote 209: _Primo patris feudum primogenitus filius habeat:
Emptiones vero vel deinceps acquisitiones suas det cui magis valit._
(LL. Hen. 1. cap. 70.)]
[Footnote 210: _Socagium. Dici poterit socagium a Socco._ (Bracton
L. 2. c. 35.) _Hinc est quod Sokemanni hodie dicuntur esse a succo
etiam derivantur._ (Fleta L. 1. c. 8.) _Socagium idem est quod
servitium socæ, et soca idem est quod caruca s. a soke_ or _a plough_.
(Littleton’s Tenures Sect. 119.) This derivation Lord Coke approves
of (Co. Litt. 86. a.) See also Cowell ad voc. Mr. Somner, however,
disapproves of it, as too confined. He would derive it from the Saxon
_Soc_, which signifies liberty or privilege, and _agium_ to denote the
_agenda_ or Services (Somn. Gavelk. 133. See also Bl. Com. and Mr.
Christian’s note 2. 81.) “It seems,” says Mr. Hargrave, “that both
derivations have their share of probability, which is as much as can be
expected on a subject so very uncertain.” Mr. Somner tells us, that the
term socage has first occurred to him in Glanville, but never as yet in
any Elder record. (Gavelk. p. 143.)]
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