[Footnote 149: The Mirror enumerates many other modes by which a
Villein was enfranchised, besides those stated by Glanville, which
appear rather to be put for examples, than as comprising all the
instances of emancipation; and the Mirror confirms most, if not all, of
the Examples in the text. (c. 2. s. 28.) The Regiam Majestatem informs
us, that Holy Orders enfranchised, if taken with the consent of the
Lord. The Villein was also enfranchised, if the Lord seduced his wife,
for the Law permitted the Villein to receive no other amends. The
Villein was likewise emancipated, if the Lord drew blood of him, or,
if the Lord refused to bail him, either in a civil or criminal action
in which he was afterwards cleared by Trial. (Regiam Majestatem, L. 2.
c. 12.) The act of enfranchisement, when not arising by implication
of Law, of which description many of the instances appear to be, was,
in ancient times and before writing was common, accompanied by much
publicity and ceremony. _Qui servum suum liberum facit in Ecclesiâ, vel
Mercato, vel Comitatu, vel Hundredo, coram testibus et palam faciat, et
liberas ei vias et portas conscribit apertas, et lanceam et gladium vel
quæ liberorum arma in manibus ei ponat._ (Anglo-Sax. LL. Ed. Wilkins.)
When writing became common, the method was, by the Lord’s Deed
expressly enfranchising the Villein. Upon the subject of Villenage,
Fortescue’s words are no less remarkable for the truth and beauty of
the sentiment they express, than singular, when it is considered that
they were addressed to a Prince. _Ab homine et pro vitio introducta
est servitus: sed Libertas à Deo hominis est insita naturæ. Quare ipsi
ab homine sublata semper redire gliscit, ut facit omne quod libertate
naturali privatur._ (de laudibus legum Angliæ, c. 42.)]
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.
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