Bracton: Thorne Edition: English. Volume 2, Page 347

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Volume 2, Page 347

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[001] in our prison of such a place for the death of B., of which he was accused (or¹
[002] ‘appealed’) was accused (or ‘appealed’) of that death because of hate and spite or
[003] because he is guilty thereof. And if because of hate and spite, because of what hate
[004] and what spite and who is guilty thereof. And the inquest you make thereon etc.’

Where a man is found guilty by the inquest.

[006] When the sheriff sends the inquest and by it he is found guilty, there will be no
[007] further question of release on bail. But if the inquest says ‘because of hate or
[008] spite,’ and if the reason is contained in the inquest, by what hate or by what spite,
[009] not if it does not identify the reason, [the reason must be carefully examined, since
[010] there are many sheriffs and bailiffs who in such inquests allege as a reason what is
[011] not a reason,]² and if it is sufficient, let the accused be released on bail until the
[012] coming of the justices; otherwise let him remain in prison,

Of breach of the peace and wounding with the addition of felony.

[014] [In every injuria and trespass against the king's peace to which the word ‘felony’
[015] is added the person appealed or accused is usually released on finding pledges,
[016] except in the case of homicide.]³ no matter how long that may be, until he can
[017] prove by an inquest that he is innocent.⁴ Nor ought the inquest to be taken as to
[018] anyone who is not in prison.⁵ When the inquest finds that the prisoner has been
[019] appealed because of hate and spite, not because of guilt, let him then be released
[020] on bail by order of the lord king, by a writ directed to the sheriff in this form:

Where one is not guilty, [a writ] that he be released on finding pledges.

[022] ‘The king to the sheriff, greeting. Because it is evident to us from the inquiry we
[023] ordered you to make and which you have sent us etc. (and⁶ here let the full details
[024] of the inquest be inserted) we order you etc.’ Or it sometimes is drawn thus, without
[025] the details of the inquest, ‘We order you, if A., arrested and detained in our prison
[026] for the death of B. whereof he is accused (or ‘appealed’) finds you twelve responsible
[027] and law-abiding men of your county who undertake to have him at the first
[028] session etc. before our justices to answer C. concerning B's death, whereof he appeals
[029] him, to deliver him on bail to the said twelve responsible men until the aforesaid
[030] coming of the justices. And have there the names of the aforesaid twelve who have
[031] undertaken to have him as aforesaid. Witness etc.’

Another writ concerning the same.

[033] Or in another way, ‘If A., arrested for B's death and imprisoned at such a

Notes

1. ‘vel’

2. Infra iv, 370; reading: ‘qua atya, non sine causae cognitione, diligenter erit ... ballivi qui in huiusmodi ... ut causam’

3. Glanvill xiv, 1: ‘In omnibus autem placitis de felonia solet accusatus per plegios dimitti praeterquam in placito de homicidio’; supra 336, n. 2; infra iv, 364: no release by pledges ‘ubi sequitur amissio vitae vel membrorum’; belongs infra 349 at n. 8, where I have repeated it

4. Continued at 348, after the writs

5. Supra 343

6. ‘et’