[Footnote 103: Vide Bracton 130. s. 19, 20.—Fleta 43. s. 4. and Britton c. 5. s. 7. and Infra, L. 7. c. 17. &c.] [Footnote 104: But the Cottonian and Dr. Milles’s MSS. concur in stating it to be, _to the Vicinage_. That the printed text of Glanville is correct, seems unquestionable, as he mentions a reference to the Vicinage, after that to the kindred had failed. All this is clear: but according to the MS. alluded to, a reference must be made to the Vicinage, after the Vicinage, which is assuredly absurd. To this may be added, that the printed text corresponds with another part of Glanville, where an object, not altogether dissimilar, is in view. Vide L. 5. c. 4.] CHAP. VII. The Grand[105] Assise is a certain royal benefit bestowed upon the people, and emanating from the clemency of the prince, with the advice of his nobles. So effectually does this proceeding preserve the lives and civil condition of Men,[106] that every one may now possess his right in safety, at the same time that he avoids the doubtful event of the Duel. Nor is this all: the severe punishment of an unexpected and premature Death is evaded, or, at least the opprobrium of a lasting infamy, of that dreadful and ignominious word[107] that so disgracefully resounds from the mouth of the conquered Champion. [Footnote 105: Mr. Reeves thinks the term _magna_ in the present passage an interpolation, because the Cottonian, Bodleian, and Harleian MSS. omit the word. It is with reluctance I differ from a writer, to whom the profession is under such very considerable obligations—but I submit, 1st, That the word _magna_ had occurred in the preceding chapter, and all these MSS. had concurred in admitting it. 2ndly, That the connection of the subject shews the Assise spoken of in the two places, to be one and the same proceeding. 3rdly, That in numberless other passages our author characterises this Assise by the term _magna_, and most, if not all, of the MSS. admit it in such passages. 4thly, That the Regiam Majestatem, the Mirror, the Diversity of Courts, Bracton, Fleta, Lord Coke, Judge Blackstone, Cowell, Spelman, Madox, and many others, always speak of this proceeding under the term _Grand_ Assise; and lastly, that as the word _assisa_ had a variety of meanings, it seems no less consistent with clearness of expression, than compatible with the dignity of a proceeding, intended in its object to effect so remarkable a revolution in our judicial polity, as the abolishing of the Duel, to attach some honorable term of distinction to it.]