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.
Public-domain text, read in full here on John Shaqi.
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