3i2 THE ROAD TO FREEDOM
again:" A. B. sues for his serf C. D. who takes a writ of de libertate
prolanda, and they come to the Assize. There, C. D. acknow-
ledges himself the serf of A. B. Therefore it is ordered that A. B.
shall receive C. D. as his villein with all his cattle and children,
and C. D. is liberated to him in full court. At the same time
C. D. and his pledges are fined because he has not prosecuted
his writ".1
In these, as in many other cases, it is obvious that the serf has
no case, and is forced to acknowledge his condition. This is final:
for an acknowledgement thus made in a court of record can
always be appealed to, and once the serf has admitted his status
his hopes are for ever gone.2 Indeed, to make doubly sure, his
lord may even insist on his repeating the scene at home in his own
manorial court, as we see happened, in 1239, when the Abbot of
Ramsey forced Gilbert Harding to acknowledge himself a
villein and subject to all servile dues levied in his manor of
Brancaster, although Gilbert had previously admitted all this at
an Assize at Norwich.3
For men like this, who were forced to admit their status, the
law could do little, although it is worth remarking that the judges
refused to allow villeinage to be confessed " except by the party
himself in court inpropriapersona".* Apart from this, however,
the law was powerless, unless the man himself put up some show
of defence. Then, at once, as we have seen, everything that could
be used in his favour was used. The lord's word was insufficient,
and he had to produce his witnesses from the defendant's own
kin. Hence, when a man was claimed before the justices at
Chester on a writ of de nativo hdbendo, he said he was not bound
to appear, because no serf of his kin was brought forward to
prove his servitude.5 Some years later in the same court the
defendant made a similar plea. The plaintiff said that production
of kin was not necessary until it had been demanded by the other
side, but the judges were against him and the defendant was set
free.6
'The plaintiff came into court with his witnesses and opened
his case by pleading:
1 North. Assize Rolls (1280), 225. 8 See Bracton, op. cit. passim.
3 Ramsey Cart, i, 423. 4 Y.B. 7 Ed. II (Selden Soc.), 172, n. i.
8 Chester Rolls, 14. 6 Ibid. 44.