[Footnote 99: _Recreantisæ._ “Now the ancient law was, that the victory should be proclaimed, that he that was vanquished should acknowledge his fault in the audience of the people, or pronounce the horrible word of _cravent_, in the name of _recreantise_ &c. and presently judgment was to be given, and the recreant should _amittere legem_ &c.” (2 Inst. 247) “And the vanquished is to acknowledge his offence, in the hearing of the people, or speak the horrible word of _cravent_, in the name of _cowardice_, or his left foot to be disarmed and uncovered, in sign of Cowardice.” (Mirror, 162 Ed. 1768.) “If he become _recreant_, that is a crying coward, or craven, he shall for his perjury lose _liberam legem_. _Craven_ is derived from the Greek word κραυην, _a vociferatione_: others nearer home of crying and craving forgiveness. And _recreantisa_ is devised of the French _recreance_, or giving back or cowardice; and sometimes it is called _creantia_, per antiphrasen, because he that useth it is not faithful but breaketh his oath.” (3 Inst. 221.)] [Footnote 100: _Dominus autem pro quo Duellum subierat amittet penitus quicquid per illud intendebat obtinere. Nec aliquid ulterius ipse vel Heredes sui in querelâ contentionis de cetero poterunt reclamare._ (Le Grand Custum. de Normand. c. 127.)] CHAP. IV. “The King to the Sheriff, Health. I command you that, without delay, you give possession to _M._ of one Hyde of Land, in such a Vill, concerning which there was a suit between him and _R._ in my Court; because such Hyde of Land is adjudged to him in my Court, by the Duel. Witness, &c.” CHAP. V. This is the course of proceeding, when the Demandant has been successful in the Duel. But if he has been conquered, in the person of his Champion, then the Tenant shall be freed from his claim, without any possibility of being again disturbed by him. Thus far concerning the Duel,[101] where the Tenant should chuse or elect that mode of defending himself, against his Adversary. [Footnote 101: In taking leave of the trial by Duel, the Reader will recall to mind Judge Blackstone’s observation—that, though this species of Trial is much disused, it is still in force, if the parties chuse to abide by it. (3 Comm. 337.)] CHAP. VI. But, if the Tenant should prefer putting himself upon the King’s Grand Assise, the Demandant must either adopt the same course, or decline it. If the Demandant has once conceded in Court that he would put himself upon the Assise, and has so expressed himself before the Justices of the Common Pleas,[102] he cannot afterwards retract, but ought either to stand or fall by the Assise.