[001] if they deem it expedient [and] for good reason, [as] where a serious crime is being [002] concealed and the jurors intend to hide the truth through love, hatred or fear, may [003] separate the jurors one from the other and examine each of them individually in [004] order to establish the truth adequately.
Of the peace and woundings committed in breach of the peace.
[006] We have spoken above of appeals of homicide committed wickedly and in breach [007] of the peace.1 Now we must speak of the peace and woundings committed in breach [008] of the peace. The appeal is made in these words:
The words of the appeal.
[010] ‘A. appeals B. for that on such a day, as he was in the king's peace in such a place [011] (or ‘as he went in the king's peace along the king's highway between such a vill and [012] such on such a day’) before (or ‘after’) such a feast, in such a year and at such an [013] hour, the said B. came with his force and attacked him in breach of the king's [014] peace, feloniously and in a premeditated assault, and dealt him such a wound in [015] such a part [of his body] with such a kind of weapon. And that he did this wickedly [016] and feloniously he offers to prove against him by his body or as the court may [017] award.’
B. comes and makes denial.
[019] And B. comes and denies breach of the king's peace and the felony and wounding [020] and whatever contravenes the king's peace and everything, word for word, whatsoever [021] is alleged against him and as it is alleged against him, by his body as the [022] king's court may award. And A., asked if he raised the hue and cry and when it [023] was that he came to the county court with his appeal, says that he raised it as soon [024] as the deed was done, and that afterwards and with that hue he went immediately [025] to the nearest townships and to the king's serjeants and coroners, and that he [026] made his appeal at the next county court.2 And the sheriff and coroners testify [027] that the suit was adequately and properly made and that the wound shown at the [028] county court was a fresh and open wound. And because suit was properly made, [029] and B. shows no reason why he ought to have the country, it is awarded that the [030] duel proceed between them.
The duel: let B. give gage for defending and A. for deraigning
[032] Let B. give a gage for defending and A. for deraigning and let both find pledges. A [033] day will be given them on which let both come armed,
Volume 2, Page 406
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