The appellee may except against the appeal. Exceptions against the appeal.
 He may except against the appeal by saying that he had earlier been appealed of  the same deed by another and had departed quit by judgment, in proof whereof he  may vouch the rolls and the record of the justices. He may also except and say that  the justices have gone on eyre in that county after the deed was supposed to have  been committed and no mention was made of it in that eyre,1[it would be otherwise  if the appeal had then been begun though not yet determined,] and that the  writ of summons [of the eyre] supports this statement [That an exception of this  kind is good is shown [in the roll] of Michaelmas term in the ninth and the beginning  of the tenth years of king Henry in the county of Hereford, [the case] of Henry  Rumbold,2 indicted for homicide, where the indictment was concealed during the  eyre so that no mention was made of it and revived during the next eyre; on this  exception being made Henry departed quit.][An appeal may be avoided if the  exception that one is appealing another through hate and spite is put forward and  proved.]3 and that thus the appeal does not lie.
Exceptions: that an appeal does not lie.
 An appeal does not lie between a lord and his tenant who has done him homage, as  long as the bond of homage continues, nor conversely,4 nor between a lord and his  villein, unless he has appealed him of felony and treason committed against the  lord king, for then anyone ought to be heard as appellor, a bondsman as well as  any other,5 and without giving pledges,6 unless he is a manifest traitor or7 convicted  as a felon,8 who will have no right to speak against a law-abiding man 9<as [in the  case] of Richard Neel and Ralph de Bray, Vitalis Engayne and William son of  Elias.>10 An appeal before the justices also falls where there was no appeal nor  was suit made in the county court prior to the eyre of the justices, or if [there was  an appeal] the appellor never prosecuted. [This is true unless the deed is recent  and has occurred during the eyre.] An appeal before them also falls when the  appellor does not speak of his own sight and hearing,11 even though he spoke of  such in the county court and this is attested by the county court, as [in the roll] of  the eyre of Martin of Pateshull in the county of Worcester in the fifth year of king  Henry.12 And so if there is an error in the names or surnames of the appellees, as  where he now calls a man William and then Robert. And so if there is a variance