Jurisdictions, Part 136
Villainage.
For that, that in the fifth Article villainage is to be inquired in Leet and in Court-Baron, and is to be inquired, who is Villainof the Kings: Somthing ſhall be ſaid touching that, and firſt how they began, and where the Lord may ſeiſe and have them, and how their Goods and Chattells and other things, and how contrary, and how not.
VIllaines began after Noahs Flood, that is, when all things were in common, and when they increaſed, and alſo were taken in Battells and one kil'd another, to avoid this miſcheife, it was ordained that none ſhould kill another, but thoſe which they overcame ſhould be their Villaines, to uſe at their pleaſure; but not to kill them, Britton f. 77.
If the Villaine buy Goods and ſell them, or give them to another, before the Lord ſeiſe them, then the Lord cannot ſeiſe them nor have them, otherwiſe it is of the Kings Villaine, Littleton f. 39
Lord and Villaine, the Lord is indebted to one, which makes the Villaine his Executor, the Villaine ſhall have Debt againſt his Lord, and the Lord cannot ſeiſe and have the Goods which the Villaine hath as Executor, 3 H. 4. f. 15. the ſame 47 Ed. 3. f. 16. Littleton f. 41. and 21 Ed. 4. f. 50. Old Tenures 2.
If a Villaine dy before the Lord ſeiſe his Goods or claim by word, the Lord cannot ſeiſe them, not have them, but his Executors, 3 H. 4. f. 17.
If a villaine purchaſe Lands and alien them before that the Lord enter, or buy Goods and ſells them before that the Lord ſeiſe them, the Lord ſhal not have them, Lit. f. 39.
If the Lord ſeiſe Goods, and deliver them to the Villain again, if they be taken from him, the Lord may have treſpaſſe, or take and ſeiſe them again, and have them, 11 H. 4. f. 2. Lit. f. 39.
If he ſeiſes parcell of the Goods in name of all, that ſuffices for…ll.
The Lord hath poſſeſſion of Goods of his Villaine by Seiſure, of land by entry, of Rent, Reverſion, and Advowſon, by claim, Perkins f. 6. Littleton. 40.
The Lord cannot ſeiſe his Villaine in the preſence of the King, and yet after he may have him, 27 Book of Aſſ. 49.
If my Villaine Infant be in ward of one, by reaſon that he holds of him by Knights ſervice, I may enter and ſeiſe the Infant, and out the Guardian, and ſhall have him, 40 Book of Aſſ. 7.
The Lord cannot take and ſeiſe his Villaine, out of the ſervice of another, which hath retained him, unleſſe that he hath more Servants; but he may ſeiſe the Goods, 39 R. 2. tit. action upon the caſe 52.
The Lord may take the Rent which a Villaine hath in poſſeſſion, but not a thing in action, as obligation of Debt or Covenant.
What is infranchiſement, and what not.
IF a …ree-man marry his ſhe Villaine, ſhe is infranchiſed, Little. fol. 41. And that their Iſſue is free, 46 Ed. 3. fol. 4.
If a ſhe Villaine marry a Free-man, ſhe is made free for ever, and ſhall not be a Villaine again, unleſſe by a ſpeciall act afterwards as being divorced, or acknowledgeth her ſelf a ſhe Villain in Court of Record, …itzh. fol. 78. G. 33 Ed. 3. f. 187. Statham, is that ſhee is infranchiſed but during the marriage.
If a Villaine woman marry a Free-man, ſhe and all her Iſſue have a free Eſtate for ever, and a Villaine becomes free if he marry his Miſtris; the ſame Law if a ſhe Villaine marry her Lord, Brit. f. 78. a.
If a Villaine dwell in ancient Demeſne of the King, by a year and a day without claime, he is infranchiſed, Fitzh. f. 79. A. But there held, if he dwell in the ancient Demeſne of another Lord then the King, by a yeare and a day, without claime, he is not infranchiſed, 39 H. 6. tit. 20. and 39 E. 3. f. 6.
If the Lord and his Villaine vouch together, where the Villaine hath purchaſed Lands, if he be not from all benefit ſhut up, being called to warranty, it is an infranchiſement, 33 H. 6. f. 1.
The Reverſion is granted, to a Villaine and his Lord being Tenant for life attornes, this doth not infranchiſe the Villaine, for the Lord gives nothing to the Villaine and he cannot otherwiſe have the Reverſion, 11 H. 7. fol. 13.
If a man infranchiſe his Villaine, with the whole ſequell it behoveth to be, for thoſe created, and to be created, ſome born before that infranchiſement is not made free, 15 H. 7. f. 14.
Though the Lord make Attorney, where his Villaine is Plaintiff it is no infranchiſement, 22 Book of Aſſ. 4. & 29 Ed. 3. f. 24. the ſame.
If the Lord ſuffer his Villaine to be ſworn of a Jury in the Kings Court, it is an infranchiſment, Britton fol. 83.
Villaine ſhall not be infranchiſed, for that his Lord ſues a (Recordare) upon a plaint of Replegiare, 5 Ed. 3. f. 187. Statham.
Tenant in taile of a Mannor, to which is a Villaine regardant, aliens the ſame Land to the Villaine and dies. The Iſſue recovers the Land againſt the Villaine, yet he may after ſeiſe the Villain, and he is not infranchiſed, notwithſtanding that he hath brought action againſt his Villaine, for he cannot otherwiſe come to the Land, 24 Edw. 3. fol. 187.
If in an action a Villain imparle with his Lord, or hath a day by (Prece partium) he is infranchiſed, 9 H. 6. f. the laſt, and 22 Ed. 4. f. 36. the ſame.
If the Lord ſuffer his Villaine to be made a Knight, it is an infranchiſement, Britton f. 79.
If the Lord infcoffs his Villaine it is an infranchiſement for ever, 12 H. 3. tit. 42.
If the Plaintiff in a Writ of (Neife) be non-ſuited, he ſhall not have again in his life time any other (Nativo habendo) but the Villaine by that is infranchiſed during her life time, 6 Ed. 2. tit. Villainage 26. See, 19 Edw. 2. Tit. 31.
If the Lord make to his Villaine an obligation, or grant to him an anuity, or let to him by Deed for yeares, or make to him a Feoffment and Livery and ſeiſin, he is infranchiſed, otherwiſe it …s if he makes to him a Leaſe at will, or a Feoffment and no Livery, Littleton fol. 45.
By Wilby, if the Lord infeoffs his Villaine without Deed, he is not infranchiſed, 24 Ed. 3. tit. 32.
Villaine to two Coparceners, he marries one of them, yet he is not infranchiſed againſt the other, coparcener, Fitzh. f. 197. N.
If a Copy-hold eſcheat, or come to the Lord by forfeiture, and the Lord grants that over by Copy to J. S. his Villaine and to his heires, to hold at the will of the Lord, according to the cuſtome of the Mannor, by the ſervices due and uſed to be paid, this is an infranchiſement, but if a Copy-holder ſurrender into the hands of the Lord to the uſe of J.S. the Lords Villaine and to his heires, and the Lord by his Steward grant to him Seiſin by the rod accordingly, this is no infranchiſement.
How the Lord may take advantage of things which he hath by his Villaine, by act of his Villaine.
MAnnor to which a Villaine is regardant, is let to one for life, and the Villaine purchaſe in fee, the Tenant for life enters, he ſhall have lands to him and to his heires for ever, Perk. f. 20.
If a Villaine be granted to one for Life, and the Villaine purchaſe in fee, the Leſſee enters, he ſhall have Fee, but if the Lord be Leſſee for life, and the Tenancy eſcheat, he ſhall not have that but for life, Doctor and Student fol. 90.
If Leſſee for yeares of a Mannor, to which a Villaine is regardant dies, and the Villaine purchaſe Lands, and the Executor of the Leſſee enter, he ſhall have the Land in fee but it ſhall be to the uſe of the Teſtator, Doctor and Student f. 90
Where a Parſon hath a Villaine, which purchaſes lands and the Parſon enters, he ſhall not have that to the uſe of himſelf, but in the right of his Church, 32 H. 8. tit. Villainage 46.
Where a Villaine is infeoffed with warranty, the Lord may rebut by that, if it were diſcended in poſſeſſion of the Villaine, but not vouch to have in value, 18 Ed. 3. f. 29. & 22 Book of Aſſ. 37.
If a Villaine and his Wife purchaſe joyntly in Fee, and the Lord enters in the half, as he may, he ſhall have it, but if he do not enter, but the Husband dies, the wife ſhall have all by the Survivor, and the Lord hath loſt his advantage to have the moity. A bridg of aſſ. fol. 37.40. aſſiſ. 7.
If a Villain be bound in a ſtatute, and before the day incurred, his Lord enters, the Lord ſhall have ſuch advantage that execution ſhall not be ſued againſt him, 18. Ed. 3. Tit. Execution Statham.
If my villain purchaſe Land, and I ſeiſe it, and the villain dies, yet the wife of the villain ſhall be endowed, by Herl. 13. Ed. 3.74. Statham 19. Ed. 2.