this purpose, the party whose freedom is impeached shall come to the King’s Court, and pray, that the suit might be removed into the same, which being conceded, the suit will then proceed in the form before stated. It must be remarked concerning this Plea, that the Duel cannot be resorted to, in order to prove the freedom of any one from his Birth.[148] [Footnote 144: _Proclamat_, according to the Bodl. MS., which I follow, _proclamo_, _appello_, _provoco_, &c. (Spelm. Gloss. ad voc.)] [Footnote 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.] [Footnote 146: “It shall be tried by an Assise,” says the Reg. Majestatem, (L. 2. c. 11.)] [Footnote 147: “_Acknowledge him to be related to them, whilst those produced by the other party should_”—Added by Cotton., Bodl. and Dr. Milles’s MSS.] [Footnote 148: “_Or to disprove it._” Bodl. and Dr. Milles’s MSS. The Regiam Majestatem is yet more unrestrained—“But, it is to be noted, that single combat shall not have place in any plea, to prove or disprove the liberty or Estate of any man.” (L. 2. c. 11.)] CHAP. V.