Bracton: Thorne Edition: English. Volume 2, Page 431

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Volume 2, Page 431

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[001] such a place to answer the said B. regarding the confederacy and theft (or ‘homicide’,
[002] ‘robbery’ or any other felony) whereof he appeals him. (Or ‘We order you
[003] without delay to arrest A. and bring him before our justices etc. to answer B., a
[004] confessed thief, concerning the confederacy in theft whereof he appeals him’). And
[005] have there before the said justices sufficient suit from such a neighbourhood to
[006] make an inquest as to the aforesaid in accordance with the custom of our realm.
[007] And have there this writ. Witness etc.’ There could well be added to this writ ‘and
[008] if the same A. has gone into hiding because of that appeal then cause him to be
[009] exacted from county court to county court until he is outlawed in accordance with
[010] the law of the land.’ This may¹ be done at the king's suit alone, without another's
[011] suit, because of the presumption raised by the appeal and the flight.² When the
[012] appellee has appeared let the approver set forth his appeal in these words:

When the appellee has appeared; how the approver should set forth his accusation and appeal.

[014] ³‘A. of N., confessing that he is a thief, appeals B. of confederacy and theft (or
[015] ‘robbery’ or ‘homicide’) that is, that they together stole such a thing at such a
[016] place, so that the aforesaid B. had so much for his share.’ Or thus: ‘that they
[017] came together to the house of such a one in such a place (or ‘on the road’ or elsewhere)
[018] and robbed him of such a thing (or ‘robbed and slew him,’ and so of receiving with
[019] knowledge and other felonies) so that the aforesaid B. had so much as his share.
[020] And this he offers to prove against him by his body as the court may award.’
[021] The approver must describe some specific thing and all the circumstances, without
[022] any variance or alteration, and must recognize the appellee when he is produced in
[023] court, for if he does not it will be presumed that they never were confederates.⁴

The approver may appeal several; then thus:

[025] ‘A. also appeals C.⁵ of N. of confederacy and theft and⁶ the felony aforesaid so that
[026] C. had so much as his share.’ Or of another felony committed elsewhere. And he
[027] may thus appeal several persons on the same day of confederacy and of several
[028] different thefts.

Of the method of making denial.

[030] ⁷And B. comes and denies the confederacy and the theft (or ‘the robbery and
[031] slaying’, [or] ‘the receiving’) and all felony and whatever is alleged against him,
[032] word for word and as it is alleged against him. [If] he then offers proof by his body,
[033] without claiming

Notes

1. ‘potest’

2. Infra 435

3. C.R.R., ix, 155 (the words ‘De corona’ are above this entry), B.N.B. no. 1447: ‘Johannes filius Nicholai, cognoscens se esse latronem, appellat Alexandrum de Hethe quod ipse simul cum eo furatus fuit octo equos apud Blaneford unde ipse habuit ad partem suam viginti solidos: et hoc offert probare per corpus suum, prout curia consideraverit.’

4. Supra 337

5. ‘C’ for ‘B’

6. ‘et’

7. (Continuing n. 3 supra): ‘Et Alexander venit et defendit societatem eius et latrocinium equorum et totum de verbo in verbum per corpus suum prout etc. Consideratum est quod duellum sit inter eos, et Alexander det vadium defendendi se et Johannes probandi, plegium eorum gaola. Veniant tali die armati.’