Bracton: Thorne Edition: English. Volume 2, Page 398

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Volume 2, Page 398

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[001] of any kind in the form of the appeal, as where the appellor first appeals a man as
[002] principal and then as accessory, or conversely. An appeal also falls if the appellor
[003] has once retracted his appeal and then wishes to appeal again, [I say this of the
[004] appellor who has retracted; the appeal is good as to other appellors appealing him
[005] of the same deed, [that is], when the appellee has withdrawn quit¹ not by judgment
[006] but by default,

Where the appellor has retracted his appeal; if he has made default it is otherwise.

[008] for default does not toll the appeal of others;² judgment, however, does so forever.³
[009] If the deeds are different, judgment against one appellor on one deed does not toll
[010] the appeal of others on other deeds,⁴ nor do defaults.] ⁵he will not be admitted.⁶
[011] And so if though present he does not proceed against the appellee, [but if a demandant⁷
[012] does not prosecute on his day but defaults, as was said above, the writ falls but
[013] the action⁸ does not, since it may be revived by another writ, unless judgment
[014] follows.]⁹ An appeal also falls if the appellor has committed a crime, as where he is a
[015] manifest traitor and convicted thereof by confession or on plainly evident grounds;¹⁰
[016] [or] if he is a self-confessed thief, or found seised of the stolen property, or an outlaw
[017] who bears his judgment with him. And so if the accuser and appellor, in a case of
[018] felony and treason committed against the lord king, though apprised of the crime,
[019] did not make the treason known to the king or his ministers without delay, though
[020] he could have done so, since he ought to sue immediately before he turns aside to
[021] others things.¹¹ An appeal also falls if no mention is made of the king's peace, only
[022] of the justice's peace or the sheriff's.¹² And so if no mention is made of felony
[023] committed.¹³ And so if the appellor does not speak of his own sight and hearing,¹⁴
[024] as [in the roll] of Hilary term in the seventh year of king Henry in the county of
[025] Norfolk [the case] of Durand the Tailor and Henry de Vere.¹⁵ ¹⁶An exception arising
[026] from the person of the appellor is also allowed the appellee, as where the appellor
[027] is a clerk in orders or a member of a religious or monastic order, for such persons
[028] renounce the world and the things of the world, [or] because he is a self-confessed
[029] thief, as to whom we have spoken above, who has no right to speak against a law-abiding
[030] man.¹⁷ And so where one appeals concerning goods other than his own,
[031] unless the reason is made clear, as

Notes

1. ‘cum appellatus quietus recesserit,’ from lines 3-4

2. Supra 388; cf. 391

3. Supra 388, 391; om: ‘de eodem facto’

4. Supra 389

5. Om: ‘Et sic ... retraxerit,’ a connective

6. Infra 402, 407; ‘admittetur’

7. ‘petens’ for ‘appellans’; if ‘appellans’ then infra 402, 407 are contra

8. ‘actio’ for ‘appellum’; Fleta, i, ca. 32 repeats Br's text

9. Supra 297

10. Supra 335

11. Ibid.

12. Infra 411

13. Supra 337, 390, infra 407, 411

14. Supra 397

15. B.N.B., no. 1597; C.R.R., xi, no. 476

16. New paragraph

17. Infra 429