Our subject leads us in the next place to treat of Pleas concerning the Conditions of persons. Questions upon this subject arise, when any one would draw another, from a state of freedom, into that of Villenage;[140] or when any one, being in the latter state, seeks to emancipate himself. When any one claims another who is in Villenage as his Villein-born,[141] he shall have the Writ _de nativis_, directed to the Sheriff; and by that Writ he shall, before the Sheriff of the County, claim the Villein against him, who holds him in Villenage. And, if his Villenage be not denied before the Sheriff in the County Court, then the Plea concerning such Villein-born shall proceed before the Sheriff, as we shall presently explain, between the person claiming, and the person in possession, of the Villein. But, if the Villein allege himself to be a freeman, and give security to the Sheriff to prove the fact, then, the suit shall cease, as far as applies to the County Court; because the Sheriff ought not any farther to interfere in it.[142] But, if the Sheriff persist in hearing the suit, then, he whose condition is questioned shall complain to the Justices, and shall obtain the King’s Writ, in order that, if he should give security to the Sheriff to prove his freedom, the suit may be removed before the Justices of the King’s Court, and in the mean time, the party be unmolested. The Writ is as follows.— [Footnote 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.)] [Footnote 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.)] [Footnote 142: In this the Mirror, (c. 2. s. 28.) concurs.] CHAP. II. “The King to the Sheriff, Health.[143] _R._ complains to me that _N._ draws him to Villenage, although he is a freeman, as he says. And, therefore, I command you that, if the said _R._ make you secure of prosecuting his claim, then, that you put the suit before me, or my Justices, on such a day; and, in the mean time, you cause that he be in peace; and summon, by good Summoners, the aforesaid _N._ that he be then there to shew why, he unjustly draws him to Villenage. And have there, &c.” [Footnote 143: Vide F.N.B. 171, 172.] CHAP. III.