Legal Definitions - nativi de stipite

Nativi de stipite is a historical legal term from Law Latin that refers to individuals who were born into a state of servitude or bondage, specifically within the feudal system. Essentially, it describes someone whose status as a "villein" – a type of serf – was inherited from their parents, meaning they were legally tied to the land and the lord of that land from birth.

Here are some examples to illustrate this concept:

• Imagine a medieval English manor in the 13th century. John and Mary are villeins, meaning they are bound to work the lord's land and cannot leave without his permission. Their children, Thomas and Alice, are born on this manor. Because their parents are villeins, Thomas and Alice are automatically considered nativi de stipite. Their legal status as serfs is not a choice they made, but an inherited condition from birth, tying them to the same lord and land as their parents.

• Consider a young woman, Elara, who is a nativa de stipite. She wishes to marry a man from a neighboring village who is a free peasant, not bound to any lord. For Elara to marry, her lord's permission would be required, and often a fee would be demanded. If she were to marry without permission or attempt to leave the manor, she would be considered a fugitive, and her children would still inherit her status as nativi de stipite, reinforcing the hereditary nature of her bondage and the legal restrictions placed upon her due to her birth status.

• During the same historical period, a village might have a mix of inhabitants. There could be free tenants who pay rent but are not bound to the land, and then there are the nativi de stipite. For instance, while a free tenant might sell their lease and move to another town to pursue a trade, a family of nativi de stipite, like the Millers, would find their options severely limited. Their children, born into the same status, would be expected to continue working the lord's fields, their lives largely predetermined by their birthright as inherited serfs, unlike the more mobile and independent free tenants.