Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/33

 Ch. 3. if we conider the produce of them, as the tenth heaf or tenth lamb, eem to be completely corporeal; yet they are indeed incorporeal hereditaments: for they, being merely a contingent right, collateral to or iuing out of lands, can never be the object of ene: they are neither capable of being hewn to the eye, nor of being delivered into bodily poeion.

hereditaments are principally of ten orts; advowons, tithes, commons, ways, offices, dignities, franchies, corodies or penions, annuities, and rents.

I. is the right of preentation to a church, or eccleiatical benefice. Advowon, advocatio, ignifies in clientelam recipere, the taking into protection; and therefore is ynonymous with patronage, patronatus: and he who has the right of advowon is called the patron of the church. For, when lords of manors firt built churches on their own demenes, and appointed the tithes of thoe manors to be paid to the officiating miniters, which before were given to the clergy in common (from whence, as was formerly mentioned, aroe the diviion of parihes) the lord, who thus built a church, and endowed it with glebe or land, had of common right a power annexed of nominating uch miniter as he pleaed (provided he were canonically qualified) to officiate in that church of which he was the founder, endower, maintainer, or, in one word, the patron.

intance of an advowon will completely illutrate the nature of an incorporeal hereditament. It is not itelf the bodily poeion of the church and it's appendages; but it is a right to give ome other man a title to uch bodily poeion. The advowon is the object of neither the fight, nor the touch; and yet it perpetually exits in the mind's eye, and in contemplation of law. It cannot be delivered from man to man by any viible bo- Rh