If he elect the former mode of proceeding, he must deny the right of
the Demandant, word for word as the Demandant has set it forth, and
this, either in person, or by some other fit man. But here we should
observe, that after the Tenant has once waged the Duel he must abide
by his choice, and cannot afterwards put himself upon the Assise.[92]
In this stage of the suit, the Tenant may again avail himself of three
reasonable Essoins in succession, with respect to his own person and of
the same number with regard to the person of his Champion.[93] All the
Essoins which can with propriety be resorted to having expired, it is
requisite, before the Duel can take place, that the Demandant should
appear in Court, accompanied by his Champion armed for the contest. Nor
will it suffice, if he then produce any other Champion than one of
those, upon whom he put the proof of his claim: neither, indeed, can
any other contend for him, after the Duel has been once waged.
[Footnote 92: _Assisa_ is derived, by Cowell, from the French
_asseoir_, to sit. The term has a variety of significations. We shall
briefly mention some of the chief.—1. It signifieth a Writ, thus assisa
of novel disseisin of _Juris Utrum_, &c. 2. It signified a Jury. 3.
It meant a statute or law, thus _assisa panis et cervisiæ_—_assisa de
Clarendon_, &c. 4. It is used for the court, place, or time, where
writs of assise were taken. 5. It meant a certain number. 6. It
imported a tax, or tribute. 7. It was used for a fine. (Vide Spelm.
Gloss. Anglo-Sax. LL. Ed. Wilkins, p. 328.)]
[Footnote 93: _Campionis._ “_Campio dicitur a campo_, because the
combat was strucken on the field, and, therefore is called camp-fight,
and he must be _liber homo_.” (2 Inst. 246.) In this derivation Spelman
concurs. The reader may consult the latter if desirous of seeing what
he terms _formula campi seu duelli_. (Gloss.)—Also the Mirror, c. 3. s.
24. 25. Bracton, the Assises of Jerusalem, Grand Custumary of Normandy,
&c.]
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