[Footnote 491: In quitting this Book, which treats so largely of Assises, I shall make no apology to the Reader for extracting the following observations from Mr. Reeves’s highly valuable work. “It must be observed of these _Assises_ (for so they are sometimes called by Glanville, but more commonly _Recognitions_) that they are not all of the same kind; that _de morte antecessoris_ being evidently an original proceeding, independent of any other; the rest (not excepting that _de ultimâ presentatione_, and that _utrum laicum feodum vel ecclesiasticum_) being merely for the decision of facts which arose in some original action or proceeding. Thus the writs for summoning Recognitions of the latter kind were simple writs of Summons: they mentioned that a Plea was depending in Court by the king’s writ; and they were granted at the prayer of either party: so that they seemed to be resorted to, by the assent of parties for settling an incidental question, on which they put the dispute between them. On the other hand, the writ _de morte antecessoris_ has all the appearance of an original commencement of a suit. It issued only upon condition the Demandant gave security to prosecute it, _Si G. filius T. fecerit te securum de clamore suo prosequendo, tunc summone_, and made no mention of a plea depending. Of the same kind was the writ _de novâ desseisinâ_.” (Reeves’s Hist. Eng. Law, 188.)] 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.