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[001] if they deem it expedient [and] for good reason, [as] where a serious crime is being
[002] concealed and the jurors intend to hide the truth through love, hatred or fear, may
[003] separate the jurors one from the other and examine each of them individually in
[004] order to establish the truth adequately.

Of the peace and woundings committed in breach of the peace.

[006] We have spoken above of appeals of homicide committed wickedly and in breach
[007] of the peace.1 Now we must speak of the peace and woundings committed in breach
[008] of the peace. The appeal is made in these words:

The words of the appeal.

[010] ‘A. appeals B. for that on such a day, as he was in the king's peace in such a place
[011] (or ‘as he went in the king's peace along the king's highway between such a vill and
[012] such on such a day’) before (or ‘after’) such a feast, in such a year and at such an
[013] hour, the said B. came with his force and attacked him in breach of the king's
[014] peace, feloniously and in a premeditated assault, and dealt him such a wound in
[015] such a part [of his body] with such a kind of weapon. And that he did this wickedly
[016] and feloniously he offers to prove against him by his body or as the court may
[017] award.’

B. comes and makes denial.

[019] And B. comes and denies breach of the king's peace and the felony and wounding
[020] and whatever contravenes the king's peace and everything, word for word, whatsoever
[021] is alleged against him and as it is alleged against him, by his body as the
[022] king's court may award. And A., asked if he raised the hue and cry and when it
[023] was that he came to the county court with his appeal, says that he raised it as soon
[024] as the deed was done, and that afterwards and with that hue he went immediately
[025] to the nearest townships and to the king's serjeants and coroners, and that he
[026] made his appeal at the next county court.2 And the sheriff and coroners testify
[027] that the suit was adequately and properly made and that the wound shown at the
[028] county court was a fresh and open wound. And because suit was properly made,
[029] and B. shows no reason why he ought to have the country, it is awarded that the
[030] duel proceed between them.

The duel: let B. give gage for defending and A. for deraigning

[032] Let B. give a gage for defending and A. for deraigning and let both find pledges. A
[033] day will be given them on which let both come armed,


1. Supra 340 ff.

2. Supra 65, 394

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