Bracton: Thorne Edition: English. Volume 2, Page 430

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Volume 2, Page 430

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[001] retracts [his appeal], no matter at what time, and the sheriff and coroners, or
[002] others who have record,¹ record that he confessed to the theft before them, the
[003] approver will henceforth be regarded as convicted and condemned, because of the
[004] confession. If he persists in that intention before the justices, though² he has not
[005] retracted let him then make his confession afresh before them and bind himself to
[006] convict so many, as many as he appeals, in order to have his life and members, as
[007] was said above. This concession no one may grant him save the king himself³ or
[008] the king's justice, the king's permission having been specially given him by word of
[009] mouth or by writ, as follows:

A writ in which the king grants authority to his justices to grant an approver life and members.

[011] ‘The king to the sheriff, greeting. Know that we give you authority to grant his
[012] life and members to such a one who has turned approver before you and confessed
[013] to theft (or some other felony) on condition that he wages⁴ the duel and convicts
[014] by his body or by the country five appellees (or so many) or more if you can induce
[015] him to do so, to do which he has bound himself before you, as you have informed
[016] us. Witness etc.’⁵ The sheriff ought then to attach all those appealed; if he is negligent
[017] in this matter let a writ be sent to him in this form:

That the sheriff attach those whom the approver appeals.

[019] ‘The king to the sheriff, greeting. We order you, if you have any thief turned
[020] approver in your bailiwick who has openly confessed his theft (or other felony)
[021] before [our] serjeant or bailiff and other reputable men and has appealed any of
[022] his confederates of theft (‘robbery’, ‘homicide’ or any other felony) to cause them
[023] to be attached at once according to the custom of our realm so as to have them
[024] before us or our chief justice at our summons or that of our said chief justice.
[025] Witness etc.’ There is another writ on the same matter for arresting those appealed
[026] by the approver and bringing them before the justices:

Of arresting those appealed by an approver who confesses that he is a thief.

[028] ‘The king to the sheriff, greeting. We order you without delay to arrest A. whom
[029] B., a confessed thief, is appealing in our court before etc. of confederacy and theft
[030] (or any other felony) and to bring him as speedily as you can (or ‘to cause him to
[031] come’) before our said justices at

Notes

1. Supra 425

2. ‘licet’

3. Supra 346; infra 434

4. ‘vadiat’

5. Cal. Cl. Rolls, 1234-37, 472, 474