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The things of which an appellor ought to speak in his appeal.


 [002] In every criminal cause which embraces felony mention must be made in the
 [003] appeal of the year, the place, the day and the hour.1 He must also speak of his
 [004] own sight and hearing,2 and must be consistent in what he says and in all circumstantial
 [005] details,3 as will be explained below [in the portion] on exceptions.4 The
 [006] words of the appeal are these: for homicide:

A. appeals B. by such words for the death of his brother, and, should he fail, by such a one, and so on, so that there are several appealing him of one and the same deed.


 [008] ‘A. appeals B. for the death of C. his brother, that whereas the said A. and C. his
 [009] brother were in the peace of God and of the king at such a place, doing such a thing
 [010] (or ‘crossing from such a place to such’) on such a day in such a year and at such
 [011] an hour, the said B. came with such persons (to be named) and wickedly, feloniously,
 [012] in premeditated assault and against the king's peace given to him, dealt
 [013] the aforesaid C. his brother a mortal wound in the head with a certain sword (or
 [014] some other kind of sharp-edged weapon, not, according to some, with a club or a
 [015] stone or other instrument which cannot be termed a sharp-edged weapon)5 so
 [016] that he died of the wound within three days. And that he did this wickedly and
 [017] feloniously and against the king's peace he offers to prove against him by his body,
 [018] as one who was present and saw, and as the king's court may award.’ [He may
 [019] add]: ‘And should ill befall him, by the body of such a one, his brother (or other
 [020] kinsman of C.) who likewise offers to prove it by his body as the court may award.’
 [021] And so by the bodies of several others should ill befall him, for if all speak on the
 [022] evidence of their own sight several persons may appeal one man of one and the
 [023] same deed and the same wound. If the appellee successfully makes his defence
 [024] against one of the several or withdraws quit by judgment he will be discharged as
 [025] against all the others and depart quit.6 But if one of the appellors dies or defaults
 [026] the appeals of the others will remain unimpaired.7 If ill in some way befalls the
 [027] first of the appellors or some of the others, those who survive are admitted to
 [028] deraign.8

Notes

1. Infra 395

2. Infra 397

3. Deleted

4. Infra 396

5. Infra 407, 408, 409

6. Infra 391, 398, 400

7. Infra 398; cf. 391

8. Infra 391. The last sentence transposed infra 389, n. 4

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