By the same Writ, the party who lays claim to the other, as being his Villein, shall be summoned; and a day shall be appointed him on which he may prosecute his claim. But, if on the day appointed, the person who is claimed as a Villein should neither appear, nor send a Messenger, nor Essoin, let the same course be pursued, as that before described in treating of Pleas, where the Pledges are to be attached. But, if he chuse to essoin himself, he may avail himself of the same number of Essoins, and on the same occasions as we have already mentioned. But if the party who claims the other as his Villein, neither appear on that day, nor send, let the other party, if present, be dismissed unconditionally, under such form, namely, that the claimant shall recover so much as by Law he ought to recover, concerning which principle we have spoken more fully, in the preceding part of this Treatise. In the mean time, the party who is claimed as a Villein shall be in Seisin of his freedom. CHAP. IV. Both parties being present in Court, the freedom shall be there proved in this manner: the party who claims his liberty, shall produce a number of his nearest relations and kindred, springing from the same stock from which he descended. If their freedom be recognized and proved in Court, the party who demands[144] his freedom shall be liberated from the yoke of servitude. But, if the free condition of those produced be denied,[145] or a doubt be entertained respecting it, recourse shall be had to the Vicinage, whose Verdict shall ascertain the fact, whether those produced are free, or not: and, according to its decision, the matter shall be adjudged. But, if the party who claims the other as his Villein, should bring forward other persons to prove the contrary, namely, that such persons as the claimant has now brought forward are his Villeins-born, and that they sprung from the same common stock with him, whom he claims as a Villein-born, then, in like manner, should those produced by both sides be recognized as of common kindred, let it be inquired by the Vicinage,[146] which of them are the nearest to him; and, according as the inquiry turns out, let the Judgment be given. In a similar manner, if those produced by one party should[147] deny in any respect his relationship, or, if a question arise concerning it, every doubt of this nature shall be determined by the Vicinage. The freedom having been sufficiently proved in Court, then, the party whose liberty has been questioned shall be absolved from the claim of him who would draw him to Villenage, and for ever freed from it. If, however, he should fail in his proof, or, if he should be recovered by his Adversary as his Villein-born, he shall be irrecoverably adjudged to belong to his Lord, together with all the Chattels he possesses. The same form and order are observed in pleading, when a freeman is claimed as a Villein, or when any one, in a state of Villenage, aspires of his own accord to freedom. For