Bracton: Thorne Edition: English. Volume 2, Page 410

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Volume 2, Page 410

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[001] or other member is cut off, or where sinews and limb are crippled by the wound
[002] dealt, or fingers have become crooked, or an eye has been gouged out, or some other
[003] thing done to a man's body whereby he is rendered less able and effective in
[004] defending himself. But what shall be said of him who has his teeth broken? Ought
[005] the breaking of teeth to be deemed mayhem? The answer is that there is one kind
[006] of mayhem by which a man is rendered incapable of fighting, of which we have
[007] spoken above,

Where there is disfigurement and not mayhem.

[009] and another that results in disfigurement of the body. Hence we must see whether
[010] the teeth broken are incisors, molars or grinders, for if molars or grinders the
[011] mayhem, since it is hidden, causes no great disfigurement of the body nor any
[012] inability to fight. But if the incisors are broken it seems that both are consequent
[013] thereon, for such teeth are of great assistance in winning a fight. Castration, though
[014] it is hidden, is deemed mayhem. There are also other kinds of mayhem for which,
[015] as is evident, the duel will not remain, as where an ear or nose is cut off, for this will
[016] be disfigurement of the body rather than diminishment of strength.

The appeal of breach of the peace and imprisonment.

[018] We have spoken above of breach of the peace, wounding and mayhem. Now we
[019] must speak of breach of the peace and imprisonment, where a free man has been
[020] arrested and imprisoned against the peace in the court [of a lord], as¹ within someone's
[021] liberty [or in] a city, vill or borough,² [that is], shut up in a house or castle and
[022] detained against the peace in irons, fetters or the stocks until released by the king's
[023] serjeant or his writ, after he has been refused bail. One may here commit a double
[024] offence, the first by the wrongful arrest, a second by the wrongful detention.³

The words of the appeal.

[026] The words of the appeal are these: ‘A. appeals B. that whereas he was in the king's
[027] peace etc. (as above),⁴ the said B. came with his force in breach of the peace etc.
[028] (as above)⁴ and brought him to such a court (or ‘to such a place and there put him
[029] in fetters’ or ‘irons’ or ‘the stocks’) and kept him there in prison for so long a time
[030] and dealt him wounds and did him mayhem until

Notes

1. ‘ut’

2. As infra 411

3. Infra 440, 441

4. Supra 406