CHAP. V.
It sometimes happens, that the Tenant, although he has a Warrantor, does not call him into Court, but takes upon himself entirely to dispute the Demandant’s claim.
If the Tenant should pursue this course, and should lose the Land in question by the Duel, he cannot afterwards recover any thing against the Warrantor.[125]
But, according to this, a question may be proposed, whether, as any one can defend himself by the Duel, without the assent and presence of his Warrantor, he can put himself upon the King’s Grand Assise, without the assent and presence[126] of the Warrantor? And, indeed, he may defend himself by the Assise upon a parity of reason as by the Duel.