if he pretends that at the time of the agreement he did not know he was a villein,  for he knew or ought to know the status of him with whom he agreed,1 whether  bond or free, his own villein or another's, within his potestas or beyond it. 2Suppose  that a gift is made to a bondsman by a lord, as said above, [not] for homage and  service, [nor] with manumission, [nor] without it [and] by what amounts to it, and  the lord gives [the thing] to another: quaere whether he may eject and disseise him  since it is not his act or feoffment. In truth he cannot, no more than can he who  made the gift, for since he succeeds to his place he can claim no greater right than  could he whom he succeeds, and [also] he is a stranger to such feoffees and an exception  of villeinage is therefore not rightfully available to him.3 If one says that it is,  a replication [founded upon] his feoffor's act will bar him.
If a gift is made to a bondsman within the potestas of his lord.
 If a gift is made to another's villein, within the potestas of his lord, it is good and  binding as long as the lord, within whose potestas he is, permits him to have it.4  Hence, if he is disseised by his feoffor, or by another to whom he does not belong,  restitution is his by the assise:5 against his feoffor because of his act,6 and against  those to whom he does not belong [because] the exception of villeinage is not rightfully  available to them.78<And what if his lord, within whose potestas he is, ejects  his villein, who alleges that he is free and, though a villein, asserts his liberty? Here  there will be an examination of the villein's parentela, produced both by the lord and  the villein.9 But if he is beyond the lord's potestas it will be otherwise, for then he shall  not answer an exception directed to his status (unless he wishes to do so of his own  free will) until he has been restored by an assise of novel disseisin, [that is], let him  first have his estate and then let the lord proceed to the question of status.>10 For a  person may be the bondsman of one and the free man of another respectively,  although it is said that everyone is either free or bond, never partly free and partly  bond.11 And not only does the assise of novel disseisin lie for a villein so enfeoffed  against the persons aforesaid, but it lies for his heirs, once they are in possession  after his death, as does the assise of mortdancestor before they obtain seisin,  against everyone except against the true lord in whose potestas they are,
1. D. 50.17.19: Qui cum alio contrahit vel est vel debet esse non ignarus condicionis eius