In civil combat, upon issue joined in a writ of right, the tenant or defendant had to try the issue by combat, until the reign of Henry II., when the Grand Assize was provided for, and then he had his election either to try the issue by combat or by the jury trial, provided for by this king in this class of cases. Glanville,[33] who wrote during the reign of Henry II., after the tenant was given his election to try his writ of right either by combat, or by the Grand Assize, thus describes the procedure then obtaining under the rule of civil combat: “Both parties being present in court, and the demandant claiming the land in question, the tenant may require the view thereof: but as to this, there is respite to be made, to the end it may be known, whether the defendant have not more land in that town than what is in question; and if he have not, then he shall not be allowed any respite; but if he have more, he shall; and likewise have assignation of another day; and, when he shall be so departed out of the court, at three reasonable essoins,[34] the defendant may recover anew; and the shireeve of the county wherein the land lieth shall have a writ directed to him to send freeholders of his county to view the land. “Then, after three reasonable essoins, concomitating the view of the said land, and both demandant and tenant appearing again in court, the demandant setteth forth his claim in this manner: ‘I do challenge against T. H. half a knight’s fee, or two carucates of land in that town, as my right and inheritance; and whereof, my father, or grandfather, was seised in his demesne, as of fee, in the time of King Henry I., or after the first coronation of the King that now is, and whereof he hath taken the profits, to the value of 10s. at the least, viz., in corn sowed, and other commodities; and this I am ready to try by this my freeman N.; and if any mischance shall befall him, then by that other person who hath seen and heard this.’ Or thus,—‘And this I am ready to try by this my freeman, S. unto whom his father, on his death-bed enjoined, upon the duty wherein a son is obliged to a father, that if at any time he should hear of a suit for that land, he should adventure himself, by combat for it, as that which his father had seen and heard.’ “The claim and demand of the demandant being thus made, it shall be in the choice of the tenant, either to put himself upon trial for the same by _combat_, or to put himself upon the _great assize_ of our lord, the king, and to require a recognition which of them hath most right in that land.