If a freeman take to wife a woman born in Villenage, whilst he so
continues bound to the state of Villenage, he shall as a consequence
lose his Law, as if he himself were a Villein-born.[155] If there
be any children resulting from the connection of a Woman born in
Villenage belonging to one person, and a Man born in that state
belonging to another, the children shall be proportionably divided
between the two Lords.[156]
[Footnote 155: From the extreme brevity and quaintness of the original,
it is a matter of some doubt, what the true meaning of the passage
is. Lord Littleton gives the passage thus. “We are told by Glanville,
that in his time, if a freeman married a woman born in Villenage _and
who actually lived in that state_, he lost thereby the benefit of the
Law (that is all the legal rights of a freeman,) and was considered
as a Villein by birth, during the lifetime of his wife, on account
of her Villenage.” This, however, is at best but a loose paraphrase
of Glanville. His Lordship was aware of it, and to confirm his
representation of what is said, as he terms it, so _indistinctly_ by
Glanville, he refers to Bracton, fol. 5. Mr. Reeves makes this severe
penalty upon the Husband to arise, not from the wife _living_ in a
state of Villenage, but her _holding property in Villenage_. The fact
is, the text expresses neither Lord Littleton’s Explanation, nor that
given by Mr. Reeves. I do not flatter myself to have succeeded better.
In Britton’s time, the wife was enfranchised during the coverture.
(78. b.) Vide Co. Litt. 123. a. and 137. b. and Mr. Hargrave’s notes
thereon.]
[Footnote 156: “This,” exclaims Lord Littleton, “was absolutely putting
children upon the same foot as cattle, or other stock on a farm,
without the regard that is due to the inherent freedom and dignity of
human nature.” (3 Hist. Hen. 2. p. 191.)]
Book VI.
OF DOWER.[157]
[Footnote 157: On the subject of the present Book in general, see
Bracton fol. 92 et seq. and Fleta L. 5. c. 23. et seq.]
CHAP. I.
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