Bracton: Thorne Edition: English. Volume 2, Page 408

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Volume 2, Page 408

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[001] put forward by his procurator at the outset of the appeal, ‘that the principal himself
[002] will sue if he can.’] We must also see in what part of the body the wound was
[003] made and with what weapons,¹ whether with arms having ground blades [or] a
[004] club or a stone. Though clubs and stones are included in the term ‘weapons,’²
[005] sharpened weapons, as a sword, a two-edged axe and the like, cause a wound, but
[006] clubs and stones cause bruises and contusions³ which cannot be deemed wounds
[007] in the sense that the matter may be brought to the duel.⁴

But what is to be said of one who castrates another.

[009] But what is to be said where a man cuts off another's testicles ⁵and castrates him
[010] on account of debauchery or in order to sell him.⁶ He is liable whether he does it
[011] with his consent or against his will. ⁷Sometimes capital punishment follows, sometimes
[012] permanent exile with the forfeiture of all property.⁸ ⁹If anyone forcibly
[013] interferes with a woman's internal organs in order to produce abortion, he is
[014] liable.¹⁰ ¹¹If anyone slays a night thief, he will do so with impunity only if he
[015] could not spare him without danger to himself;¹² if he could it will be otherwise.¹³
[016] For the life and death of men are in the hands of the king,¹⁴ ¹⁵<as in the case
[017] of a certain man of Cookham coram rege at Windsor before William of Ralegh,
[018] then justice, to whom the king granted a pardon for a death in such circumstances.>¹⁶
[019] And so where one defends himself against hamsocn, which [the English
[020] call] the entering of a house in breach of the peace,¹⁷ and the intruder is slain, he
[021] will be free of liability¹⁸ if he who killed¹⁹ could defend himself in no other way.²⁰
[022] For it is said that he is unworthy of the peace who is unwilling to preserve it. ²¹The
[023] jews are allowed to circumcise their sons but those of other religions are not; if they
[024] do so the punishment for castration is imposed.²²

An appeal of wounding and mayhem.

[026] We have spoken above of breach of the peace and wounding. Now we must turn
[027] to wounding and mayhem. The words of the appeal are these: ‘A. appeals B. for
[028] that whereas he was in the king's peace in such a place on such a day, hour and
[029] year etc. (as above)²³ the said B. came with his force [etc.] (as above)²³
[030] feloniously and in a premeditated assault, and dealt him a certain wound on the
[031] head (or ‘on the arm’ or in another part of the body) in such a way that he was
[032] maimed. And that he did this wickedly and feloniously he offers to deraign against
[033] him as a maimed man, as the king's court may decide.’

B. makes denial.

[035] And B. comes and denies everything, word for word etc. (as above).²³

Notes

1. Supra 345

2. D. 43.16.3.2; 50.16.41; om: ‘non’

3. ‘orbos’ for ‘orbes,’ as supra 344; but infra 409: ‘orbes’

4. Supra 388, 407, infra 409

5-6. D. 48.8.3.4. For this and the following borrowings from D.: infra v

7-8. D. 48.8.3.5

9-10. D. 48.8.8; ‘abigeret,’ as D.

11-12. D. 48.8.9

13. Infra 438

14. Supra 354, 362, 378

15. Supra i, 389

16. Not in B.N.B., not in K. B. 26/115B, 116B, 117. Information from Mr. C. A. F. Meekings

17. Inst. Cnuti, 62: Liebermann, i, 351: ‘Si quis invasionem domus aut curie fecerit quod Angli dicunt hamsocne’

18. Ibid., 62.1: ‘Et si in illa invasione occisus fuerit, iaceat impersolutus, quod Angli dicunt aegelde.’

19. ‘ille qui occidit contra illum qui invasit’

20. Supra 341, infra 438

21-22. D. 48.8.11; ‘castrantis’ for ‘castrati,’ as D.

23. Supra 406