Bracton: Thorne Edition: English. Volume 2, Page 412

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Volume 2, Page 412

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[001] ¹because no one may judge as to that except the king.² Justice belongs to no one
[002] except the king,³ nor does imprisonment,⁴ nor will anyone have his court thereof
[003] unless he enjoys a special liberty from the king himself.]⁵ as will be explained more
[004] fully below [in the portion on] personal civil actions arising out of delict.⁶

Of the criminal action of breach of the peace and robbery, and of appeals.

[006] We have spoken above of the criminal action which arises from breach of the peace
[007] and imprisonment.⁷ Now we must speak [of that] which arises from breach of the
[008] peace and robbery. The words of the appeal are these: ‘A. appeals B. for that
[009] whereas he was in the king's peace at such a place on such a day etc. (as above)⁸
[010] the said B. came with his force and wickedly and feloniously and against the king's
[011] peace and in robbery took from him a hundred shillings and three pence, one horse
[012] valued at so much and one robe of green cloth valued at so much (thus he may in
[013] his appeal name several things of different kinds, provided he puts a definite value
[014] [upon each] and designates a thing certain, [in] quality, quantity, value, weight and
[015] number, colour and coat, as briefly mentioned above).⁹ And that he did this wickedly
[016] and feloniously he offers to prove against him by his body as the court may
[017] award etc.’ Sometimes wounding, mayhem and imprisonment are added to this
[018] appeal, or some of them, of which we have spoken above,¹⁰ according to the different
[019] kinds of appeals.

B. makes his denial.

[021] ‘And B. comes and denies breach of the peace and felony [etc.] and everything,
[022] word for word as it is alleged against him etc. (as above).¹¹ And he prays that such a
[023] thing and such other thing be allowed on his behalf.’ He may put forward the
[024] exceptions applicable generally to all appeals, for their avoidance. If there is
[025] nothing that may avoid the appeal let him then defend himself by his body or by
[026] the country, since as to this he has his choice, and according as he has or has not
[027] successfully made his defence let proceedings be taken against those appealed as
[028] accessories and instigators, as was touched upon above.¹²

Where one appeals another of a third person's goods.

[030] Sometimes one appeals another of goods belonging to someone other than himself,

Notes

1-2. ‘quia nullus ... nisi rex,’ from line 2

3. Supra 166, 305

4. Supra 346, 349

5. Supra 167

6. Infra 437-9, iv, 363

7. Supra 410

8. Supra 406

9. Supra 394, infra iv, 342

10. Supra 410

11. Supra 406

12. Supra 392, 401, 407