Legal Definitions - nativus

Nativus is a historical legal term originating from medieval European law. It refers to an individual who was born into a state of serfdom or villeinage. This meant that from birth, the person was legally bound to the land and its lord, inheriting their unfree condition from their parents. A nativus lacked personal freedom, was obligated to provide labor and services to the lord, and could not leave the manor without permission, all as a direct consequence of their birth status rather than a choice or punishment.

• Inherited Status on a Manor: Imagine a medieval English village where the vast majority of families have lived and worked the land for generations under the local lord. When a child named Agnes is born to parents who are serfs on Lord Ashworth's estate, she is automatically considered a nativus.
  This example illustrates that Agnes's status as a serf is not chosen but is an inherited condition from birth, tying her legally to the land and its lord, just as her parents were.
• Dispute Over Freedom: A young man named Finn, whose family has always been bound to the Duke's lands, attempts to leave the estate to seek a new life in a distant town. The Duke's bailiff apprehends Finn, asserting that he is a nativus and therefore legally obligated to remain and serve the Duke.
  Here, the term nativus is used to legally justify the Duke's claim over Finn, emphasizing that Finn's birth into serfdom dictates his lack of freedom and his perpetual obligation to the lord.
• Transfer of Land and People: When a wealthy baron sells a portion of his sprawling estate to a neighboring count, the legal documents explicitly state that the "nativi residing on the land" are included in the transfer. This means the labor and obligations of these individuals now belong to the count.
  This scenario demonstrates how the status of nativus was intrinsically linked to the land itself. Individuals born into serfdom were considered part of the estate's assets, and their services were transferred along with the property, highlighting the hereditary and property-like aspect of their condition.