Bracton: Thorne Edition: English. Volume 2, Page 419

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Volume 2, Page 419

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[001] the count to come to court on an appointed day to clear himself if he could. When
[002] the count had heard the king's words, fearing the king's anger for his wicked deed,
[003] he answered that he could not attend at that time, but, on the advice of his friends,
[004] in order to appease the king's anger, advised him that he would give him two hundred
[005] pounds in Beauvais money and ten costly horses, and the jester's wife a
[006] hundred pounds, and would give her in marriage to a wealthy burgess or knight
[007] who would keep her respectably all the days of her life. The king refused all this
[008] with derision, saying that he would not be a righteous vicar of God if he sold for
[009] money immunity from punishment for such great wickedness, and in great wrath
[010] ordered his army summoned and arrangements made for marching against him.
[011] But the barons prayed the king to give them a week's respite that they might bring
[012] the count to seek his mercy. This the king reluctantly granted, and thus by advice
[013] of the barons the count came to court. When the king appeared and he attempted
[014] to fall at his feet the king turned away, saying that he should either submit to
[015] justice or leave the court. What more is to be said? All the barons cried out and
[016] affirmed as against the king that he had granted the count mercy when they sent
[017] for him. Finally the king reluctantly agreed. The bishops, earls and barons spoke
[018] with the count and arranged that he should espouse her, for she was fair and wise,
[019] and gave much alms to churches and the poor, though born of jews, both father
[020] and mother and all her kin. This arrangement, made by such persons of consequence,
[021] grew and became of such high authority that it is now in many places
[022] regarded as a customary.>

The cases in which a woman has an appeal.

[024] We must see the cases in which a woman has an appeal. It is clear that there are
[025] no more than two by which one ought to be put to the duel or the grand assise,¹ that
[026] is, only for a forcible harm done to her body,² as for rape, as was said above, and for
[027] the death of her husband³ slain within her arms, and in no other way. The appeal for
[028] the death of her husband is made in this way:

The appeal for the death of her husband.

[030] A., who was the wife of B., appeals C. for that when B. her husband was in such a
[031] place on such a day in such a year the said C. came with his force and wickedly
[032] and feloniously etc. (as above)⁴ killed the same B. her husband within her arms.
[033] And that he did this wickedly and feloniously she offers etc. (as above).⁴ The same
[034] woman appeals E. that

Notes

1. Supra 353

2. Glanvill, xiv, 3, 6; Selden Soc. vol. 58, lxxii-lxxiv

3. Glanvill, xiv, 3; supra 416

4. Supra 406