Bracton: Thorne Edition: English. Volume 2, Page 407

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Bracton Online -- English

Volume 2, Page 407

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[001] on which one or both may essoin themselves, provided they have but one essoin.
[002] If the appellor defaults on the said day,¹ or being present retracts his appeal,²
[003] the appellee will depart quit and the appellor and his pledges for prosecuting will
[004] be amerced.³ If the appellor appears but the appellee does not, let the appellee be
[005] taken to be without defence. If both default and it is reported that they have
[006] become reconciled, let them both be arrested and they and their pledges amerced.
[007] If they are present let them both be taken into custody, [but their pledges will be
[008] discharged].⁴

The sheriff testifies with the coroners.

[010] When the sheriff and the coroners testify to the contrary, that is, that suit was not
[011] adequately made because no hue was raised, or the wound shown was not recent
[012] and open, or the appellor only came with his appeal to the second or third county
[013] court, the appeal falls.⁵ Then, since a felony may lie concealed, let the king, if he
[014] so wishes, make inquiry to preserve his peace.⁶ ⁷When a man has been appealed in
[015] this way and suit has been properly made, the defendant will have the choice of
[016] defending himself by his body or by the country. If he successfully defends himself
[017] by either of these methods all those appealed as accessories or instigators will
[018] depart quit;⁸ if he is convicted, proceedings must at once be taken against those
[019] appealed as accessories and instigators.

An appeal of this kind is sometimes avoided by exceptions: therefore about exceptions.

[021] An appeal of breach of the peace and wounding may sometimes be avoided by
[022] general exceptions, as explained above [in the portion] on the appeal of homicide.⁹
[023] It may also be avoided by special exceptions, for it may be avoided because of the
[024] trifling nature of the wound,¹⁰ and in this connexion note that in an appeal of
[025] breach of the peace and wounding the length and depth of the wound must be set
[026] out, and whether it is a wound or a scratch, in order to ascertain from the deed
[027] whether it is an injuria or a felony, for on this depends whether the duel may proceed
[028] or not,¹¹ and then the punishment that follows. [Someone other than the
[029] person who suffered the injuria may sue the appeal for him if he cannot do so
[030] himself, if he has ties of kinship or homage.¹² Another may also sue to outlaw an
[031] appellee who has withdrawn himself, provided he states in the appeal that the
[032] principal would sue if he could and will if he can,¹³ and thus an appellee may be
[033] outlawed at another's suit, because of the principal's infirmity, but if he recovers
[034] before the outlawry is complete he ought at once to assume the suit and appeal
[035] himself, for the other's suit will no longer be good, nor is the outlawry to proceed if
[036] when alive and well he is unwilling¹⁴ to sue, because of the words

Notes

1. Supra 402, cf. 398

2. Supra 398

3. Supra 401

4. Infra 422

5. Supra 395

6. Supra 402

7. New paragraph

8. Supra 391-2, 398, 400

9. Supra 393, 394

10. Supra 337

11. ‘ad hoc quod ... non procedat,’ from line 26; supra 290, 291, 390, infra 408, 409

12. Supra 295, 352, 399

13. Supra 353

14. ‘noluerit’