These villeins, belonging principally to lords of manors, were either villeins regardant, that is, annexed to the manor or land; or elſe they were in groſs, or at large, that is, annexed to the perſon of the lord, and transferrable by deed from one owner to another[1]. They could not leave their lord without his permiſſion; but, if they ran away, or were purloined from him, might be claimed and recovered by action, like beaſts or other chattels. They held indeed ſmall portions of land by way of ſuſtaining themſelves and families; but it was at the mere will of the lord, who might diſpoſſeſs them whenever he pleaſed; and it was upon villein ſervices, that is, to carry out dung, to hedge and ditch the lord's demeſnes, and any other the meaneſt offices[2]: and theſe ſervices were not only baſe, but uncertain both as to their time and quantity[3]. A villein, in ſhort, was in much the ſame ſtate with us, as lord Moleſworth[4] deſcribes to be that of the boors in Denmark, and Stiernhook[5] attributes alſo to the traals or ſlaves in Sweden; which confirms the probability of their being in ſome degree monuments of the Daniſh tyranny. A villein could acquire no property either in lands or goods; but, if he purchaſed either, the lord might enter upon them, ouſt the villein, and ſeiſe them to his own uſe, unleſs he contrived to diſpoſe of them again before the lord had ſeiſed them; for the lord had then loſt his opportunity[6].
In many places alſo a fine was payable to the lord, if the villein preſumed to marry his daughter to any one without leave from the lord[7]: and, by the common law, the lord might alſo bring an action againſt the huſband for damages in thus purloining his property[8]. For the children of villeins were alſo in the ſame ſtate of bondage with their parents; whence they were
- ↑ Litt. §. 181.
- ↑ Ibid. §. 172.
- ↑ Ille qui tenet in villenagio faciet quicquid ei praeceptum fuerit, nec ſcire debet ſero quid facere debet in craſtino, et ſemper tenebitur ad incerta. (Bracton. l. 4. tr. 1. c. 28.)
- ↑ c. 8.
- ↑ de jure Sueonum. l. 2. c. 4.
- ↑ Litt. §. 177.
- ↑ Co. Litt. 140.
- ↑ Litt. §. 202.
