Bracton: Thorne Edition: English. Volume 2, Page 414

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Volume 2, Page 414

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[001] of the offence. Sometimes loss of life is indicated, sometimes loss of members; of
[002] members, as in the eyre of Martin of Pateshull in the county of Lincoln, [the case]
[003] of Thomas of Rasne.¹

An appeal for malicious arson and robbery.

[005] We have spoken of robbery. We must now speak of robbery and malicious arson.
[006] If one in the course of a riot or during a civil disturbance commits arson,² wickedly
[007] and feloniously, ³either through enmity or for the sake of spoil, let him be punished
[008] by capital punishment.⁴ I say ‘wickedly,’ because ⁵accidental fires or those caused
[009] negligently and without evil intent are not so punished, for against such persons
[010] proceedings are sued civilly.⁶ Therefore if one wickedly sets fire to another's house⁷
[011] and takes to flight [and] if there is one who accuses and appeals and prosecutes,
[012] let proceedings be taken against him as in the case of any other felony; if there is
[013] not, let the truth be inquired into at the coming of the justices, as above in the
[014] case of other appeals.⁸ If he has been arrested and there is someone to prosecute
[015] let the appeal in the county court be enrolled in these words:

A. appeals B.

[017] ‘A. appeals B. for that whereas he was in the king's peace at such a place on such a
[018] day etc. (as above)⁹ the said B. came wickedly and feloniously etc. (as above)
[019] when the said A. was present and saw him, and set fire to his houses and burned
[020] them, and of his money and chattels in robbery and against the king's peace carried
[021] away such things (designated and named) to the value of so much. And that he
[022] did this wickedly and feloniously he offers etc.’ ‘And B. comes and denies everything
[023] word for word etc. (as above), just as it is alleged against him.’ Then (as above)⁹
[024] let him ask that allowances be made in his favour and put forward any exceptions
[025] he has or defend himself by the law of the land etc. (as above).¹⁰

An appeal concerning the rape of virgins.

[027] Among other appeals there is an appeal called the rape of virgins. The rape of
[028] virgins is a crime imputed by a woman to the man by whom she says she has been
[029] forcibly ravished against the king's peace.¹¹ [If he is convicted of this crime [this]
[030] punishment follows: the loss of members, that there be member for member, for
[031] when a virgin is defiled she loses her member and therefore let her defiler be
[032] punished in the parts in which he offended. Let him thus lose his eyes which gave
[033] him sight of the maiden's beauty for which he coveted her. And let him lose as well

Notes

1. Not in B.N.B.; no roll extant

2. D. 48.6.5. pr: ‘turba seditione incendium fecerit’

3-4. D. 48.19.28.12: ‘Incendarii capite puniuntur qui ob inimicitias vel praedae causa incenderint’

5-6. Ibid.: ‘nam fortuita incendia, si, cum evitare possent, per negligentiam eorum apud quos orta sunt, damno vicinis fuerunt, civiliter exercentur’

7. ‘aedes alienas’: D. 48.6.11. pr.

8. Supra 402

9. Supra 397, 406

10. Supra 399 ff.

11. Glanvill, xiv, 6: ‘Raptus crimen est quod aliqua mulier imponit viro quo proponit se a viro vi oppressam in pace domini regis.’