[Footnote 119: Our author seems to allude to the punishment inflicted on the conquered Champion—such Champion’s cowardice being esteemed a species of perjury, as Lord Coke informs us, with which the perjury of the Jurors in the assise was commensurate. The same principle pervades the Norman Code—_Omnes autem illi, qui perjurio vel læsione fidei sunt infames, ab hoc etiam sunt repellendi; et omnes illi qui in bello succubuerunt._ (Le Grand Custum. de Normand. c. 62.)] It should be observed, that the Duel never shall be waged in a case where the Assise cannot be resorted to. The converse of the proposition equally holds. If the Land in question be adjudged to the Demandant, he shall be remitted to the Sheriff of the County, where the Land is situated, in order to recover his possession. And, for this purpose, he shall have the following Writ—— CHAP. XX. “The King to the Sheriff, Health. I command you that, without delay, you deliver possession to _N._ of one Hyde of Land, in such a Vill, which he claims against _R._ of which the said _R._ put himself upon my Assise, because the said _R._[120] has recovered that Land, in my Court by a Recognition. Witness, &c.” [Footnote 120: This _R._ should be _N._] CHAP. XXI. But, if there are not any Knights to be found in the Vicinage, nor in the County itself, who are acquainted with the truth of the matter in dispute, it is a question, what steps shall be resorted to? Whether, from that circumstance alone, the Tenant shall prevail against his Adversary? If this be answered in the affirmative, shall the Demandant lose his Right, supposing he has any? A doubt, indeed, may be entertained upon this subject. Let us suppose that two or three lawful men, or even more, provided the number did not exceed twelve, who, as Witnesses of the fact, should offer themselves in Court, to prove it. Let us, even, suppose that they were of such an age as to be qualified to make proof by the Duel, and should make use of all such words in Court, on account of which the Duel is generally awarded. After all this, it may be doubted, whether any of them shall be heard upon the subject. Book III. OF WARRANTORS; AND OF TWO LORDS, UNDER ONE OF WHOM, THE DEMANDANT AVOWS, AND UNDER THE OTHER, THE TENANT. CHAP. I. When the presence of the Tenant only happens to be requisite, and in itself precludes the necessity of any other person appearing to answer, the order of Pleading which is observed in Court is such as we have described.