called in Latin, nativi, which gave riſe to the female appellation of a villein, who was called a neife[1]. In caſe of a marriage between a freeman and a neife, or a villein and a freewoman, the iſſue followed the condition of the father, being free if he was free, and villein if he was villein; contrary to the maxim of the civil law, that partus ſequitur ventrem. But no baſtard could be born a villein, becauſe by another maxim of our law he is nullius filius; and as he can gain nothing by inheritance, it were hard that he ſhould loſe his natural freedom by it[2]. The law however protected the perſons of villeins, as the king's ſubjects, againſt atrocious injuries of the lord: for he might not kill, or maim his villein[3]; though he might beat him with impunity, ſince the villein had no action or remedy at law againſt his lord, but in caſe of the murder of his anceſtor or the maim of his own perſon. Neifes indeed had alſo an appeal of rape, in caſe the lord violated them by force[4].
Villeins might be enfranchiſed by manumiſſion, which is either expreſs or implied: expreſs; as where a man granted to the villein a deed of manumiſſion[5]: implied; as where a man bound himſelf in a bond to his villein for a ſum of money, granted him an annuity by deed, or gave him an eſtate in fee, for life, or years[6]: for this was dealing with his villein on the footing of a freeman; it was in ſome of the inſtances giving him an action againſt his lord, and in others veſting an ownerſhip in him entirely inconſiſtent with his former ſtate of bondage. So alſo if the lord brought an action againſt his villein, this enfranchiſed him[7]; for, as the lord might have a ſhort remedy againſt his villein, by ſeiſing his goods, (which was more than equivalent to any damages he could recover) the law, which is always ready to catch at any thing in favour of liberty, preſumed that by bringing this action he meant to ſet his villein on the ſame footing
