Book V Of the Question of Condition, and of Villeins-Born
Chap. I
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.—