[138] The Harl., Bodl. and Cotton. MSS. concur in introducing not into this passage.
[139] Vide F.N.B. 89.
[140] Villenagium. “Villein is from the French word Villaine, and that, à villâ, quia villæ adscriptus est.”—“Villenagium, (as in like cases hath been said where the termination is in age) is the service of a Bondman. And yet, a freeman may do the service of him that is bond.” (Co. Litt. 116. a. See also Cowell ad voc. and Mirror, c. 2. s. 28.)
[141] Nativum. In the [6th chapter of the present Book] our Author explains the sense in which he uses the term—nativi à primâ nativitate suâ. “In Glanville,” says Lord Littleton, “the nativi are comprehended under the Term Villenagium, which is used by that Author synonymously with Servitude, and in opposition to freedom, as a state, not a tenure.” (3 Hist. Hen. 2. 189.) Upon the Term nativus, Sir Edward Coke observes, “in the common Law he is called nativus, quia pro majore parte natus est servus.” (Co. Litt. sed vide Craig L. 1. Dieg. 4. s. 6.)
[142] In this the Mirror, (c. 2. s. 28.) concurs.
[143] Vide F.N.B. 171, 172.
[144] Proclamat, according to the Bodl. MS., which I follow, proclamo, appello, provoco, &c. (Spelm. Gloss. ad voc.)
[145] “Yet,” says the Mirror, “if the Defendant can shew a free stock of his Ancestors, either in the conception, or in the birth, the Defendant hath always been accounted for a freeman, although his Father, Mother, Brother, and Cousins, and all his Parentage, acknowledge themselves to be the Plaintiff’s Villeins, and do testify the Defendant to be a Villein.” (Mirror, c. 3. s. 23.)
We must suppose that this was an improvement posterior to the time of Glanville, since though some part of the Mirror was probably written before the conquest, the other part was written subsequently to the Reign of Henry the 2nd. Few ancient law books would perhaps stand higher than the Mirror, could we clearly ascertain what was original, what was superadded. At present, one part of the work is often a direct refutation of another part.
[146] “It shall be tried by an Assise,” says the Reg. Majestatem, (L. 2. c. 11.)