Yet, should it be observed, that the unsuccessful party, whether the Appellor or the appealed,[488] shall in every instance be amerced to the King, on account of the violent Disseisin. In addition, if the Appellor should not keep his day, then, also, his Pledges are to be amerced to the King. The same Rule prevails, with respect to the person of the other party, should he absent himself at the appointed day. The Penalty inflicted by this Constitution is merely an Amercement to the King. [Footnote 488: _Appellans sive appellatus._ These terms are generally used in a criminal sense. Their application in the present instance may be accounted for by reflecting, that a Disseisin, being in the eye of the law accompanied by force and a violation and disturbance of the peace, was to a certain degree a criminal offence.—See Mirror, c. 2. s. 23.] 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—— [Footnote 489: “And, moreover, the Pursuer, who has proved the Ejectment may effectually desire, that command shall be given to the Sheriff to deliver to him so much of the moveable Goods pertaining to the Defender, or of the fruits of the Land which was arrested by the King’s precept, as extends to the sum of ten Marks.” (Regiam Majestatem, L. 3. c. 36.) The Reader must not start at the modern term _Ejectment_. It is only the language of _Skene_, the Translator.] 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] [Footnote 490: The same writ is to be found, L. 12. c. 18.]