Bracton: Thorne Edition: English. Volume 2, Page 435

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Bracton Online -- English

Volume 2, Page 435

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[001] because of the coming of the justices, because¹ of indictment and accusation,²
[002] because they are held suspect in the eyre by the knights and townships.³ Hence
[003] because of the two-fold suspicion, namely, the appeal or⁴ the oath of the knights
[004] and the flight, if they return they are not to be released on finding pledges but kept
[005] in prison until the king expresses his will therein.⁵ Some make fine with the king
[006] before they return or while they are in prison. [If so], let a writ issue to the sheriff
[007] in this form:

If those appealed come and make fine for permission to return and be under pledges.

[009] ‘The king to the sheriff, greeting. Know that such a one made fine with us on
[010] behalf of such a person.’ Or thus: ‘Know that a fine was made with us on behalf
[011] of such a one who is in our prison.’ Or thus: ‘Know that a fine was made with us
[012] before our justices who were last on eyre in your county, as our said justices
[013] record, on behalf of A., who was accused before them of burglary and found suspect
[014] by the twelve knights and the townships [and fled] (or ‘who fled because of an
[015] approver's appeal’) for permission to return and be under pledges to stand his
[016] trial should anyone wish to proceed against him. We therefore order you, if the
[017] aforesaid A. returns and finds you pledges for standing trial on the said charge⁶
[018] at the coming of the justices, should anyone wish to proceed against him, to let
[019] him have peace therein.’ If one accused of robbery or other crime has been discharged
[020] by the country let a writ in this form issue to the sheriff for releasing his
[021] chattels:

Where an appellee has been discharged by the country; that he have his chattels.

[023] ‘The king to the sheriff, greeting. Know that A. whom B. appealed in our court
[024] etc. of breach of the peace and wounding and mayhem has been acquitted and
[025] discharged by the testimony of his neighbourhood as one not guilty of such action.
[026] Therefore we order you to cause all his chattels seized by you (or by such a one,
[027] your bailiff) by reason of the aforesaid appeal and arrest to be restored to the
[028] said A. without delay, and that you permit him to have our steadfast peace.’
[029] There is another writ on this matter, a general writ for releasing by pledges,
[030] except in certain cases, those [who have been arrested].

The writ for replevying a man arrested and detained.

[032] ‘The king to the sheriff, greeting. We order you rightfully and without delay to
[033] replevy such a one whom such a one arrested and keeps under arrest, unless he was
[034] arrested by our special order or that of our chief justice either for homicide

Notes

1. ‘propter’

2. ‘indictamentum et malum rettum’

3. Supra 432, 433

4. ‘vel’

5. Supra 43

6. ‘retto’