THE LAW AND THE FUGITIVE 309
John Rogers, a nativus who had not resided [on the manor] for more
than 30 years, was living at "Hongrynge Aston", the homage was
commanded to bring him back "or to answer for his 'chevage'
henceforth ", but no " chevage " was paid in this or in any other case.
Not that there was any difficulty in finding these nativi}- They were
living in neighbouring villages whither they had removed, probably to
obtain better land----The Abbot's remedy would have been to pro-
cure the King's writ to recover his villeins, and on many occasions the
entry runs "the Lord's Council should be consulted concerning a
writ", but it does not appear that this step was taken.2
Why this step was not taken will appear clearly enough when we
turn to the King's courts, and the attitude of the law towards
the runaway villein.
"In the beginning, every man in the world was free, and the
law is so favourable to liberty that he who is once found free and
of free estate in a court of record, shall be holden free for ever,
unless it be that some later act of his own makes him villein."3
These words, spoken in 1309 by a great medieval lawyer,
Justice Herle, indicate clearly the difficulties besetting a lord who
craved the aid of the courts to recover his fugitive serf. He had,
as we have seen, four days for "self aid*'—days during which he
need evoke no other power than his own forces. But once these
were elapsed the serf had a seisin of liberty, and his lord must
turn to the courts for aid.4 His first step was to sue out a writ
de nativo habendo. By this writ the Sheriff of the county was
ordered to deliver the villein up to his lord—but only if he
admitted he was a villein. If he asserted he was a free man the
Sheriff could not seize him, and the lord was forced to sue forth
a pone to remove the plea before the justices of the Common
Bench, either in London or on circuit. The other course open to
1 Cf. the numerous records which state the dwelling places of absentees:
Tooting Bee Rolls, 235; Hales Rolls, 230; Ramsey Cart, in, 252, 257; Ingold-
mells Rolls, 38,104; Cal. Inquis. Misc. n, 34, 473; Econ. Documents (Tawney),
72 and Banstead, 149, where a serf tells of his four sons and two daughters.
" John who is a carpenter, and is engaged, and his fiancee dwells at South-
wark: the second is called John, and is a butcher, and dwells at Bletchingly;
the third is called William, and he knows not where he dwells; the fourth is
called Richard and dwells at Handon in Hedenhall and sells timber boards.
Joan is married to G. Taylor and dwells at Claydon, and the other daughter,
Emma, is married to R. Halcote and dwells in Bletchingly." But they are all
out of the control of their lord.
a Eynsham Cart, n, xxvi-xxvii. 8 YJB. 3 Ed. II, 94 (Selden Soc).
* Bracton, op. cit. f. 191; Britton, op. cit. I, 201.