Bracton: Thorne Edition: English. Volume 2, Page 389

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Volume 2, Page 389

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Several may be appealed of another's death just as one may be.

[002] Several persons may be appealed by several of different deeds and different wounds,
[003] in which case the success of one appellee, appealed of one wound, against one of the
[004] appellors will not discharge another, appealed of another wound, against another
[005] appellor,¹ nor are those appealed of different wounds convicted if one of them is
[006] vanquished, but each will defend² his own³ cause. Several may also be appealed
[007] as accessories, as will be explained below.⁴ The words of the appeal are these:

The words of the appeal for the death of a brother or another. The appeal against an accessory.

[009] ‘A. appeals D.⁵ for that, when he and C., his brother, were in the peace of God and
[010] of the king etc. (as above)⁶ the said D.⁵ came with B., the aforesaid appellee, and
[011] with others (to be named), and wickedly and feloniously etc. (as above)⁶ dealt the
[012] same C. a mortal wound in such a part [of his body] with a certain two-edged axe,
[013] of which, had he not died of the first wound he would have died. And that he did
[014] this wickedly and feloniously he offers etc. (as above).’⁶ [Or] ‘A. appeals such a one
[015] that when he and C. his brother were in such a place etc. (as above) the same man
[016] came with the aforesaid B., appealed as principal, and with others (to be named),
[017] and held the said C. his brother while B. slew him (or ‘assisted⁷ him’ or gave him aid or
[018] advice in some way, by order or instructions) whereby the said C. was the more
[019] surely slain. And that he did⁸ this wickedly and feloniously he offers etc.’ The
[020] reason he says ‘wickedly’ is because those wickedly slain or killed are very often
[021] held in restraint⁹ by their friends out of good will and not malice.¹⁰ Thus it is prudent
[022] and just to make careful inquiry as to intention and purpose. ¹¹If all are present,
[023] both accessories and principals, let proceedings be taken against them all in order,
[024] provided that accessories do not answer before the principal is convicted.¹² If all
[025] are absent, both principals and accessories, let proceedings then be taken against
[026] them in order, as above more fully [in the portion] on summoning accused defendants
[027] and fugitives.¹³ If some are present and some absent, let proceedings then be
[028] taken against them in order, provided that the principal is convicted first.¹⁴ The
[029] same may be said of several appellees appealed of different wounds as was said of
[030] the aforesaid.¹⁵

Notes

1. Infra 398

2. ‘defendet’

3. ‘propriam,’ all MSS.

4. ‘Possunt etiam ... inferius dicetur,’ from 388, last lines

5. ‘D’ for ‘B’, as Fleta, i, ca. 31

6. Supra 388; for the remainder of this section, infra nn. 11-14

5. ‘D’ for ‘B’, as Fleta, i, ca. 31

6. Supra 388; for the remainder of this section, infra nn. 11-14

7. ‘iuvit’ for ‘vinxit,’ as Fleta i, ca. 31

8. ‘fecit’

9. Supra 340

10. Supra 342

11-14. ‘Si omnes praesentes ... prius convincatur,’ from lines 16-22

12. Supra 361, infra 392, 393, 400, 401

13. Supra 360-1

15. ‘Et ita dici ... de praedictis,’ from lines 14-15; infra 393, 400