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.”
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.