those against whom an assise of novel disseisin by the ancestor lay.1 But if the  lord had put himself into seisin in the lifetime of the ancestor and the feoffor has  put himself into possession after his death, the lord will have the assise of novel  disseisin, saving to the feoffor his due service. But what if the heirs are within age?  Who will have the wardship and marriage, for in that way2 the lord may be deprived  of his villein? The answer depends on the considerations discussed above. 3Suppose  that there are several lords and the villein is theirs in common. If he agrees and  stipulates, I ask for which of them, whether for one or both. If [he stipulates]  only for one, he has the whole; if for both, they have it in common, just as the  villein stipulates.4[But account must always be taken of the shares in which they  own him.]5 And what if he stipulates for himself? It then depends upon which of  them first puts himself into seisin.6 Suppose that the villein has made a gift of  what was given him? We must then distinguish, as above, whether he holds it as a  free tenement or as a villeinage: if the latter, the lord may reclaim it;7 if the former,  then neither he nor his lord may do so, because what was done holds good. Let the  lord blame himself for delaying so long.8[The service [reserved by the villein]  remains a question.] Thus it is clear that he who is within another's potestas may  make a gift. But how, since he who is possessed by others cannot himself possess  anything,9 from which it appears he may give nothing, for one cannot give what  he does not have,10 [that is], unless he is in possession of the thing to be given.  I answer, he who has seisin of whatever kind may give, and [thus] a villein may give;  sometimes the gift may be revoked, sometimes not, according to the reasoning  above.
If a gift is made to one beyond the potestas of his lord.
 We have explained above what the law is when a gift has been made to one within  the potestas [of his lord]. Now we must consider a gift made to those beyond that  potestas, as fugitive villeins or villeins born out of the villeinage, and see for whom  the thing and possession is acquired. It is clear that it is acquired for the villein. If his  lord ejects him without judgment, some say restitution by the assise is not available  to the villein, because if he has an action the exception of villeinage will bar  him. But in truth, if that is excepted against him he may have a replication,11  [based upon] manumission, or on the fact that the exception of villeinage is not  available to him who raises it. He may also replicate12 on the ground of privilege,  or that he is in a free status, and say that if that is disputed he would have proper  replies and exceptions by which he could defend himself in his status.