Bracton: Thorne Edition: English. Volume 2, Page 396

Harvard Law School Library

Bracton Online -- English

Volume 2, Page 396

Next

Go to Volume: Page:

[001] sometimes vary, sometimes agree. [The coroners sometimes have record by themselves
[002] without the sheriff, as where the sheriff has died or been removed and his
[003] rolls cannot be found.] If the sheriff's roll disagrees with the coroners' rolls and the
[004] coroners' rolls are themselves in agreement, theirs shall then stand as a record, for the
[005] sheriff's roll serves no purpose save as supporting evidence. What if one coroner's roll
[006] disagrees with those of the others, when there are several? The majority will prevail.
[007] If there are but two coroners and [their rolls] disagree, the coroner's roll with which
[008] the sheriff's roll agrees will prevail. If there are four coroners and two disagree with
[009] the other two, and there is no sheriff whose roll may serve as evidence, reliance shall
[010] then be placed on the two who have any jot of evidence to support them and who
[011] agree with the appellor.]¹

One cannot vary his appeal or change it. He may add to it and increase it but not reduce it.

[013] It is clear that in all appeals, major or minor, the appellor cannot vary his appeal
[014] or change it in any particular. ²But he may sometimes add to it, as where he first
[015] speaks and appeals of a blow dealt him without specifying the weapons used, he
[016] may supplement his statement and name the weapons, that is, that it was done
[017] with a sword or a double-edged axe or the like. He may also change his action in
[018] court, especially in connexion with things robbed or taken by theft, and for grievous
[019] injuria, [but not for homicide,] as where having first sued a criminal action civilly,
[020] he may change it and proceed criminally, thus enlarging and amplifying his appeal.³
[021] But if he has first brought the criminal action criminally he cannot change it and
[022] proceed civilly, thus diminishing or reducing the appeal.⁴ The words of the appeal,
[023] the answer of the appellee and the record of the coroners having been heard, the
[024] appeal will either stand or fall according as the suit has been properly or improperly
[025] made and⁵ according as there has been a variance or not. ⁶That is why the coroners'
[026] rolls are only heard after the appellor's appeal and the appellee's answer,⁷ in order to
[027] ascertain whether the appellor has in any way altered before the justices the appeal
[028] he made in the county court, as where he has varied it in some way, and whether he
[029] has made suit properly or not.⁸ If everything is in proper order, let the appellee then
[030] put forward his exceptions, if there are any available to him.

Notes

1. For the remainder, infra nn. 6-8

2. Continued from 395, n. 7; om: ‘Et sciendum ... mutare,’ redactor's introductory sentence

3. Infra 425-6; cf. 291

4. Supra 291, infra 426

5. ‘et’

6-8. ‘Et ideo ... vel non,’ from lines 12-16; ‘ut si’ for ‘vel si,’ and ‘et’ for ‘vel’

7. Infra 415