Bracton: Thorne Edition: English. Volume 2, Page 413

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Volume 2, Page 413

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[001] as [If goods one has in his custody have been robbed by someone.]¹ those of his
[002] lord or another.² He must then show that he has an interest enabling him to
[003] appeal, for otherwise he will have no appeal, no more than he would for the death
[004] of some stranger, as to which we have spoken briefly above,³ that is, that he has
[005] received a wound and the like. In the case of another's property he must show that
[006] it has been taken by force from his custody, together with his own goods or without
[007] them, and that he, the appellor-custodian, was accountable to his lord for such a
[008] sum in money.⁴ [On this matter may be found [in the roll] of Michaelmas term in
[009] the fourth and the beginning of the fifth years of king Henry in the county of
[010] Suffolk, [the case] of Roger de Kirkeley and Henry de Vere.]⁵ [To the same intent
[011] [in the roll] of Michaelmas term in the ninth and the beginning of the tenth years
[012] of king Henry in the county of Worcester, [the case] of Thomas de Roche.]⁶ The
[013] words of the appeal are these:

Of appeals of felony and breach of the king's peace [and robbery]: the words of the appeal.

[015] ‘A. appeals B. for that whereas he was in the king's peace at such a place etc. (as
[016] above)⁷ the said B. came with his force and wickedly and feloniously and against
[017] the king's peace and in robbery took from him ten gold coins and one gold ring
[018] valued at so much, and a hundred pounds sterling of the money belonging to his
[019] lord which he had in his custody, as to which he was responsible to his lord for so
[020] much.⁸ Or thus: ‘A. appeals B. etc. (as above) that when he was at such a place
[021] in the king's peace (or ‘when he had come from such a place to such a place with
[022] his lord's money,’ or ‘with other chattels or things to the value of a hundred
[023] shillings’) the said B. came with his force, wickedly and feloniously etc. (as above)
[024] and in robbery took from him so much of his own chattels and so much of the goods
[025] belonging to his lord, for which he was responsible etc. (as above).’

B. comes and makes denial.

[027] ‘And B. comes and denies the robbery and breach of the peace and everything
[028] etc. (as above).⁹ And let the proceedings be as above. [If several persons are
[029] appealed as accessories let the said A. himself sue against them, for principals and
[030] accessories are so linked together that they cannot be appealed by different
[031] persons,¹⁰ nor may one commit a variance here any more than elsewhere.¹¹ Hence
[032] if one first appeals by his own body and afterwards by that of another the appeal
[033] is invalid, as was said above in the case of Thomas de Roche.] The punishment that
[034] befalls him who is convicted is decided by the nature and gravity

Notes

1. Rubric

2. Supra 295, 426

3. Supra 352 ff.

4. Supra 295, 398-9; Br. and Azo, 183; P. and M., ii, 172; Selden Soc. vol. 59, no. 978

5. C.R.R., ix, 336: A case of arson which belongs in the next section; not in B.N.B.

6. C.R.R., xii, no. 729; B.N.B. no. 1664: Selden Soc. vol. 60, 10

7. Supra 406

8. Supra n. 4

9. Supra 406

10. Supra 392, 393, 401

11. Supra 396