CHAP. V.
There are many modes by which a Man, in a state of Villenage, may acquire his freedom.[149] Thus if his Lord, being desirous of emancipating him, releases him, as well from all his own claims, as those of the Lord’s Heirs: or, if the Lord give or sell him to another, for the purpose of liberating him. It must, however, be observed, that no one in a state of Villenage can purchase his freedom with his own Money; for, in such case, he may, according to the Law and Custom of the Realm, be again recalled by his Lord to a state of Villenage, all the Chattels of a Villein-born being understood as so absolutely in the power of his Lord, as to preclude the former, at least with his own Money, and as against his Lord, from redeeming himself from Villenage. But, if a stranger with his own Money purchase the Villein’s freedom, the Villein may for ever after maintain his freedom against his Lord, who has sold him. When any one has released a Villein, from all right which he, or his Heirs, could claim in him, or has sold him to a stranger, the Villein who has been thus enfranchised may for ever after defend his freedom, as well against the Lord himself, as his Heirs; whilst he can prove the fact in Court, either by a Charter, or by any other lawful means. And the question may even be decided by the Duel, if any one deny, that the party has been liberated from his state of Villenage, and, there be a proper Witness, who, having both seen and heard the very fact of Enfranchisement, is ready to prove his freedom in Court.
It should here be remarked, that a man may enfranchise his Villein-born, so far as the consequences affect the persons of himself, or his Heirs, but not as they apply to others. Because, if a man born a Villein, but thus rendered free, should be produced in Court, to make proof against a stranger, or to wage his Law, he may be justly precluded, if it be objected against him, and proved in Court, that he was born in a state of Villenage, although his condition was such that he had been Knighted subsequently to his being enfranchised.[150] If a Villein-born peaceably remain during a year and a day[151] in any privileged Town[152] so that he be received in their community or Guild[153] as a Citizen, he shall from such circumstance be freed from Villenage.
CHAP. VI.
Villeins-born are such from their Birth. Thus, if both the parents are Villeins-born, the Offspring is a Villein-born.[154] The same may be said where the Father is free but the Mother a Villein-born. If, however, the Mother be free, and the Father a Villein-born, the same rule prevails, as far as the purity of Condition be in question.
If a freeman take to wife a woman born in Villenage, whilst he so continues bound to the state of Villenage, he shall as a consequence lose his Law, as if he himself were a Villein-born.[155] If there be any children resulting from the connection of a Woman born in Villenage belonging to one person, and a Man born in that state belonging to another, the children shall be proportionably divided between the two Lords.[156]