Bracton: Thorne Edition: English. Volume 2, Page 393

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Bracton Online -- English

Volume 2, Page 393

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[001] in order of the appellors, and except against him and ask that his exceptions be
[002] allowed him. If the appellee avoids the appeal as against A., the first appellor,
[003] the appeals of the others do not fall on that account; let him answer the second
[004] appellor on the same day, and if he also avoids his appeal, the third appellor, and
[005] so as to several.¹ As long as any appellor on the principal charge remains there
[006] will be no recourse to the king's suit; only when all the appellors have failed in
[007] their appeal.

Where one has appealed several of different mortal wounds.

[009] If one has appealed several of different mortal wounds and different deeds in the
[010] manner aforesaid, and the first appellee avoids the appeal, he will depart quit by
[011] judgment, [as will those appealed as accessories and instigators of that same deed,]²
[012] so far as that³ appeal is concerned, but not with respect to the king's suit if he
[013] wishes to prosecute.⁴ If the appellor vanquishes the [first] appellee by the duel
[014] or by the country his appeal still stands against the others appealed as principals for
[015] the other and different wounds, and also against those appealed as accessories and
[016] instigators of the first wound and the first deed, all of whom he must convict before
[017] he may return to his appeals against the others appealed as principals for the other
[018] and different wounds⁵. After they have all been convicted, let him proceed in order
[019] against the others, until all have made their defence or been convicted. Thus there
[020] will be several different appeals because of the different deeds.

Let the appellee give gage for defending and the appellor for deraigning.

[022] When one is appealed by words constituting an appeal let the defender or appellee
[023] give gage for defending and the appellor gage for deraigning,⁶ unless the appellee
[024] has exceptions to put forward in his defence before he enters upon his answer.

Some exceptions are common to all appeals; some are special and vary according to the different kinds of pleas and appeals.

[026] Some exceptions are common to all appeals, [others] are special, varying in
[027] accordance with the several kinds of appeals, as appeals of homicide, breach of the
[028] peace and wounding, breach of the peace, wounding and mayhem or robbery,
[029] breach of the peace, wounding and imprisonment, or of robbery alone, or for
[030] felonious arson in breach of the peace, or the rape of virgins in breach of the peace.
[031] Against each of these appeals there are exceptions special to each case.

Notes

1. Infra 400

2. Supra 391-2, infra 400, 407

3. ‘tale’

4. Infra 402

5. Cf. infra 401

6. Supra 386, infra 399