But, in this Recognition, the party who has proved the Novel Disseisin, may obtain, that the Sheriff should be directed to deliver him the Chattels and the Fruits, which have, by the authority of the King’s Writ, or that of his Justices, been in the mean time seised.[489] In no other Recognition does the Judgment of the Court usually make any mention concerning the Chattels or Fruits; and, unless the Sheriff has taken steps to satisfy him out of the Chattels or Fruits, then, the party who complains of it, shall obtain the following Writ——
CHAP. XXXIX.
“The King to the Sheriff, Health.[490] I command you, that you compel N., justly and without delay, to render to R. his Chattels, since he complains that he took them, unjustly and without a Judgment, from his Free Tenement, in such a Vill, since the Disseisin he did to him, since my Assise, of which he will recover the Seisin before my Justices, by a Recognition of Novel Disseisin, as he can reasonably shew that he ought to have them, least more, &c. Witness, &c.”[491]
Book XIV.
CONCERNING CRIMINAL PLEAS WHICH BELONG TO THE CROWN.
CHAP. I.
Having thus far treated of those Civil Pleas which are discussed in Court, it remains for us to speak concerning Criminal Pleas. When, therefore, any one is charged with the King’s death, or with having promoted a sedition in the Realm or Army,[492] either a certain Accuser appears, or not. If no certain Accuser should appear, but the public voice alone accuses him,[493] then, from the first, the accused shall be safely attached, either by proper Pledges, or imprisonment.[494] The truth of the fact shall, then, be inquired into, by means of many and various inquisitions and interrogations, made in the presence of the Justices, and that, by taking into consideration the probable circumstances of the facts, and weighing each conjecture that tends in favor of the accused, or makes against him; because he must purge himself by the Ordeal,[495] or entirely absolve himself from the Crime imputed to him. But if on the trial by the Ordeal, a person is convicted of a Capital Crime, then the Judgment is of life and members which are at the King’s mercy,[496] as in other Pleas concerning Felony.