man or by this
third man, who saw and heard it". Then the defendant chose to deny
the claim word for word with proof by combat or to put himself
upon the grand assize of the king. If he chose trial by combat,
the parties or their champions fought. The party losing, usually
by crying craven, had to pay a fine of 60s. If the grand assize
was chosen, the action was removed to the Royal Court. A writ of
grand assize was issued as follows: "The king to the sheriff,
greeting. Summon by good summoners the following twelve, namely,
A. B. ..., to be before me or my justices at a certain place on a
certain day, ready to declare on oath whether N. or R. has the
greater right in one hide of land (or other things claimed) which
the aforesaid R. claims against the aforesaid N., who is tenant,
and in respect of which the aforesaid N., who is tenant, has put
himself upon my assize and has sought a recognition to determine
which of them has the greater right in the things claimed. And
meanwhile the twelve shall view the land (or tenements from which
the services are demanded). And summon by good summoners N., who
is tenant, to be there to hear the recognition. Witness..." The
claimant could object to any of the twelve knights for just cause
as determined by the court. Each of the twelve gave an oath as to
whether the plaintiff's or the defendant's position was correct.
This oath was not to speak falsehood nor conceal truth according
to knowledge gained by eyewitness or "by the words of their
fathers and by such words as they are bound to have such
confidence in as if they were their own". If any did not know the
truth of the matter, others were found until twelve agreed [the
recognitors] on which party had the greater right. Perjury was
punished by forfeiture of all one's goods and chattels to the king
and at least one year's imprisonment. If the tenant in court
vouched another to warranty, such as the lord to whom he paid
homage, that warrantor would stand in his place in the
proceedings. If the warrantor lost, he would have to give to his
vassal equivalent land in exchange. Burgage tenure was not usually
decided by assize. Also, if the parties were relatives, neither
the assize nor the combat was available to them, but the matter
had to be decided by the law of inheritance.

Itinerant justices could conduct these assizes: petty and grand.
In 1198, the hundred is empowered to act on all the business of
the session, including all re