[001] may or ought to be made of incorporeal things, as of rights which inhere in corporeal [002] things, as of a right of advowson, a right of pasturing, a right of way and the [003] like. Though such rights cannot be seen, since they are invisible, nor touched, as [004] corporeal things may, nevertheless, since they cannot exist without the body or [005] subject in which they inhere, such things may be seen and touched. Hence it suffices [006] for the view that the corporeal things in which the rights exist be designated, [007] either by the view or by the equivalent: by the view, as where a right to pasture [008] belongs to one in another's estate, or a right of way and the like, it suffices if the [009] places in which the rights are and exist are seen, and it suffices if the view is made [010] to the jurors. And the same may be said of injuriae, for it suffices if the jurors see [011] the places and the deeds,1 though the injuria itself, properly speaking, cannot be [012] seen, [no more than jus. For there is jus and its contrary, injuria. For injuria is [013] everything that is not jus, which can no more be seen than jus itself,] as where one [014] commits waste in the lands and tenements he holds for a term of life or years, or in [015] the name of another, as in the name of wardship and the like; the view is not [016] granted to him who complains in court, for it suffices if the view is made to those [017] of the inquest. Nor is the view granted in a personal action, as where the wardship [018] and marriage of someone is claimed; [since] it is not necessary to specify or designate [019] the size of the inheritance. But if one says ‘the wardship of so much land,’ it [020] is evident that something other must then be said.
If a right of advowson is claimed and there are several churches.
[022] When a right of advowson is claimed, since the right cannot be seen, it suffices if [023] the bodies are designated in which the rights exist, and that suffices for the view, [024] as where one says ‘I claim the advowson of the church of Saint Mary of such a vill [025] with the appurtenances.’ [If] there is only one church of Saint Mary there, that [026] suffices for the view, because that right cannot be in another church. If there are [027] [several] different churches, namely, the church of the blessed Peter and the church [028] of Saint Andrew, in which of them the right of advowson claimed exists may be [029] shown by the name. If there are several churches built in the name of one saint, [030] in which church the advowson claimed exists must then be shown by the place, as [031] where it is said ‘I claim the advowson of the church [of St. Andrew] which is [032] situated in such a ward in the east, or in the west. If one says that by reason of the [033] appurtenances the view lies, when it is said ‘I claim the advowson of that church [034] with the appurtenances,’
Volume 4, Page 184
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