Bracton: Thorne Edition: English. Volume 2, Page 420

Harvard Law School Library

Bracton Online -- English

Volume 2, Page 420

Next

Go to Volume: Page:

[001] in the same place on the same day and in the same year etc. the said E. came with
[002] the aforesaid C. and wickedly and feloniously held the said B., her husband, while
[003] the said C. killed him within her arms. And that he did this wickedly and feloniously
[004] etc. she offers etc.’ And so in the same way against several, and for several
[005] deeds. If the principal is taken in the act with his knife dripping blood there will
[006] be no need for further inquiry,¹ provided that this is established by the testimony
[007] of reputable men. ²But though her suit is properly made, in what way is the woman's
[008] appeal more effective than the king's suit when the appeal falls, or suspicion
[009] arises through indictment, since in both cases recourse is had to the country? The
[010] position seems to be the same as regards both, save in this respect, that the king's
[011] suit is occasionally remitted of grace or with knowledge of the cause,³ which would
[012] not be done had the woman sued properly.

The attachment of appellees.

[014] It sometimes happens that those appealed of homicide, wounding, robbery or
[015] some other felony are not attached⁴ because of the negligence of the sheriff and
[016] coroners. For that reason, on the complaint of appellors, let the king's writ be
[017] drawn in this form for attaching them to be before the justices:

The writ of attachment.

[019] ‘The king to the sheriff, greeting. If A. has made you secure with respect to the
[020] prosecution of his claim, cause B. to be attached by his body to be before our
[021] justices at the first session when they come into those parts to answer the said A.
[022] as to the death of C., his father (or ‘mother,’ ‘brother,’ ‘sister’ or other relative,
[023] or his lord) of which he appeals him. And have there this writ. Witness etc.’ But
[024] if the appeal is for breach of the king's peace, as in the case of breach of the peace
[025] and wounding, breach of the peace and mayhem, breach of the peace and robbery,
[026] breach of the peace and the rape of virgins etc., let the writ be drawn in this way:

Another writ on the same matter for the same purpose.

[028] ‘The king to the sheriff, greeting. If A. has made you secure etc. then put B. by
[029] gage and safe pledges to be before our justices at the first session etc. to answer
[030] the said A. regarding [blows and] the breach of our peace whereof he appeals
[031] him.⁵ And have there the names of the pledges and this writ. Witness etc.’ If it
[032] pleases the king that appeals [against appellees] attached in the county until the
[033] arrival of the justices for homicide or breach of the king's peace should come before
[034] him or his justices of the bench, let a writ for summoning the appeal then issue
[035] in this form:

Notes

1. Supra 404

2. New paragraph

3. ‘causae,’ all MSS.

4. ‘attachiati’

5. Hall in L.Q.R., lxxiii, 66, 72