Note 595 — MAGNA CARTA. (continued 3)

The wide gulf which separated the villein from the freeman in this matter of amercements is shown by an entry on the Pipe Roll of 16 Henry II. (cited Madox, I. 545) Herbertus Faber debet j marcam pro falso clamore quem fecit ut liber cum sit rusticus. A villein might be heavily amerced for merely claiming to be free. It is peculiarly difficult to reconcile any theory of the villein’s freedom with the doctrine of Glanvill, V. c. 5, who denies to everyone who had been once a villein the right to “wage his law,” even after emancipation, where any third party’s interests might thereby be prejudiced.