Bracton: Thorne Edition: English. Volume 2, Page 421

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Bracton Online -- English

Volume 2, Page 421

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The writ for causing an appeal to come before the justices.

[002] ‘The king to the sheriff, greeting. We order you to cause to come before us or our
[003] justices at Westminster the appeal in your county court between A., the appellor,
[004] and B., the appellee, with respect to the death of such a one (or ‘the robbery’ or
[005] some other felony and the breach of our peace) whereof A. appeals the said B. And
[006] put the aforesaid B. by gage and safe pledges to be before us or our aforesaid
[007] justices at the aforesaid term to answer the said A. regarding the aforesaid appeal.
[008] And have there the names of the pledges and this writ. Witness etc.’ Let such writ
[009] be drawn if it is at the instance of the appellor; if at the instance of the appellee
[010] it then is changed in this respect: where it says ‘put by gage and pledges [etc.]’
[011] let it say ‘summon the aforesaid A. (that is, the appellor) by good summoners to
[012] be etc. to prosecute his appeal against the aforesaid B. if he so wishes.’ If the
[013] sheriff returns that the appellee was not found but has gone into hiding, let him
[014] then be ordered, as before, to attach him if he is found and, if not, to cause him to
[015] be exacted from county court to county court until he is outlawed by the law of
[016] the land, even though no one sues; by this writ:

Another writ on the same matter for the same purpose, that unless he is found he be exacted from county court to county court and outlawed.

[018] ‘The king to the sheriff, greeting. We order you, as at another time we ordered you,
[019] to put B. by gage and safe pledges [to be before us or our justices etc.’] or ‘to have the
[020] body of B. whom A. is appealing in our court of robbery and wounding (or ‘of mayhem
[021] and the breach of our peace’) before us or our justices at Westminster to answer the
[022] said A. with respect to the said appeal if he may be found. If he may not, then cause
[023] him to be exacted from county court to county court until he is outlawed by the law
[024] of the land and in accordance with the custom of our realm, despite the fact that there
[025] is no one who sues. Witness etc.’ It is clear that it will not here be necessary for another
[026] to sue since this is the king's suit for contempt. If the appellee returns before outlawry
[027] and surrenders himself to the king's prison, or if the sheriff arrests him, let
[028] him keep him in prison until the king gives him other instructions.¹ Sometimes his
[029] outlawry may be postponed though he has not surrendered himself to prison, if
[030] there are persons who have undertaken to have him before the king or his justices,
[031] provided that is done before the fifth county court.² Then let this writ issue:

Notes

1. Supra 345, 347

2. Supra 354, 360, 361