Bracton: Thorne Edition: English. Volume 2, Page 399

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Volume 2, Page 399

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[001] above,¹ [or] for the death of one other than a kinsman,² or for the wounds of others,³
[002] unless he has an interest for some reason, [and the reason is assigned, [as] below, of
[003] civil actions, of waging the duel for land.]⁴ An appeal is temporarily postponed
[004] because of minority, whether the minor is appellor or appellee.⁵

When there is no exception let the duel be waged at once.

[006] When the appellee has offered no exception, or though he has offered one has none
[007] sufficient to save himself, let the duel then be waged between them at once. Let the
[008] defender first give gage for defending and then the appellor for deraigning the
[009] appeal. Then let the defender first swear a denial, denying the felony imputed to
[010] him absolutely and by negative words; then the appellor shall swear an affirmation,
[011] affirming in affirmative words that everything he alleges against the appellee is
[012] true. The form of the oath is this:

The form of the oath is as follows:

[014] ‘Hear this, O man, whom I hold by the hand, who call yourself A. by the name of
[015] your baptism, that I did not slay your father (or ‘your brother’ or some other, such
[016] a one) nor did I deal him the wound with a weapon of such a kind by which he is
[017] alleged to be farther from life and nearer to death, nor did you see it, so help me
[018] God and these holy relics.’ And in his oath let him make mention of the year, the
[019] day and the place in accordance with the terms of the appeal. And afterwards let
[020] the appellor swear to the contrary in these words: ‘Hear this, O man, whom I
[021] hold by the hand, who call yourself B. by the name of your baptism, that you are a
[022] perjuror, and for this reason, because in such a year and on such a day and hour
[023] and in such a place you slew C., my father (or ‘brother’ or some other of his kinsmen,
[024] or his lord) wickedly and feloniously (or in another way: ‘wickedly and
[025] feloniously and in premeditated assault you dealt such a one a wound, at such a
[026] place, with a weapon of such a kind, of which he died within three days.’) And
[027] this I saw, so help me God etc.’ Thus let the oath always be taken in accordance
[028] with the terms of the appeal, a rule to be observed in every kind of oath whenever
[029] an oath is to be taken on both sides.⁶

The oath having been taken by both parties let the defender be at once committed to two knights.

[031] The oath having been taken in this form, let the defender be committed at once

Notes

1. Supra 295, 394, infra 412-13, 426

2. Supra 295, 352, infra 407

3. Reading: ‘morte alterius quam suorum vel plagis aliorum’

4. From lines 11-12; not in treatise as it now stands

5. Supra 353

6. Infra 432