[Footnote 90: It is thus, according to Skene’s translation of the Regiam Majestatem—“I sick ane man sayes and proponis against _N._ that my Father, my guidshir, or my Brother, or Sister, or some other of my Parentage or kindred, was in the possession of sic ane Land by the space of certain zieres and dayes; quhilk lyes in sic ane Towne, be certain meths and marches, betwixt the Lands perteining to sic ane man: quhilk Land I clame to perteine to me heritablie, halden of our Soveraine Lord the King, or of sic ane other Lord. Payand to him zierlie therefore sameikill and to others sameikill. Quhilk lands, with the pertinents, perteins to me heritablie, be discent, or succession, be the death of sic ane other of my blude and consanguinitie, as my awin proper right. The quhilks Lands, with the pertinents, the said _N._ be force and unjuslie halds fra me, against the Law of the Land; to my great shame and skeath of ten pounds money, mair or lesse. The quhilk gif the said _N._ denyes. I aske an assise of the indwellers of sic ane Towne or place; and referres my claim to God, and ane gude assise of neighbours. Provyding that, na suspect persons passe upon the said assise. And, mairover, that it sall be lesome to me to say, mair gif need beis.” (L. 1. c. 10.)] The demand and claim of the Demandant being thus made, it shall be at the election of the Tenant, either to defend himself against the Demandant by the Duel,[91] or to put himself upon the King’s Grand Assise, and require a Recognition to ascertain, which of the two have the greater Right to the Land in dispute. [Footnote 91: “The Trial by Champion in a Writ of Right hath been anciently allowed by the common Law, and the Tenant in a Writ of Right hath election, either to put himself upon the Grand Assise, or upon the Trial by combat, by his Champion with the Champion of the Demandant; which was instituted upon this reason, that in respect the Tenant had lost his Evidences, or that the same were burnt or imbezeled, or that his witnesses were dead, the Law permitted him to try it by combat between his Champion and the Champion of the Demandant, hoping that God would give victory to him that right had; and, of whose party the victory fell out, for him was judgment finally given, for seldom death ensued hereupon (for their weapons were but batounes) victory only sufficed.” Sir Edward Coke then gives the form of the champions oath; and adds, “the champions are not bound to fight but until the stars appear; and if the Tenant can defend himself until the stars appear, the Tenant shall prevail.” (2 Inst. 246.)]