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[001] The justices must then see whether mayhem is involved or not. If it is adjudged
[002] mayhem, the appellee's choice of making his defence by his body or by the country
[003] is then taken from him, for here he will of necessity be forced to defend himself by
[004] the country.1 Sometimes even the country is taken from him, because of his
[005] confession, as where he has acknowledged the deed before those who have record,2
[006] as may happen where one castrates another and acknowledges that he is seised of
[007] the testicles; he cannot make any further denial of the deed contrary to their
[008] record.

Wounding is to be tried if there is [no] mayhem.

[010] If it is not adjudged mayhem, let proceedings be taken against the appellee as
[011] above [in the portion] on breach of the peace and wounding.3 General exceptions
[012] may sometimes be raised against an appeal of this kind, as above,4 as where the
[013] appellor has not made adequate suit, or did not prosecute before the eyre of the
[014] justices, or showed no wound to the coroners, or nothing except a scratch or a
[015] bruise, contusions made by a club rather than an edged weapon.5 Also on the
[016] ground of variance, as where he first appeals of breach of the king's peace and
[017] now of the sheriff's peace or conversely,6 [or appeals] him first as principal and
[018] afterwards as accessory or conversely,7 [or] first of one wound and afterwards of
[019] another, [or] of a wound in one part of his body and afterwards of the same wound
[020] in another part, [or] first of a wound caused by a sword and afterwards, before the
[021] justices, of one caused by a two-edged axe. 8If one is appealed of a minor and also
[022] of a major crime, he may except in the minor until the major is determined, just
[023] as he may if the actions are criminal and civil, for a criminal action will always be
[024] determined before a civil.9 Not every wound gives rise to an appeal, for the trifling
[025] nature of a wound avoids an appeal, as was said above,10 [that question is left to
[026] the discretion of the justices,] provided that if it is a head wound it is sufficient
[027] if it is deep enough to reach the bone, and so in any other part of the body. If the
[028] bone is broken,11 as may easily be ascertained from its looseness, or the skull
[029] fractured so that bones protrude or a large splinter of bone projects, it will be
[030] avoided, [that is] the duel will fall, because of mayhem.

What ought to be termed mayhem.

[032] It may be said to be mayhem when one is rendered incapable of fighting, especially
[033] by him whom he is appealing, as where bones protrude from his head or12 a large
[034] splinter of bone projects, as was said, [or] a bone is broken 13in some part of his
[035] body,14 or a foot or hand, or part of a foot or hand, or a finger


1. Supra 403

2. Supra 404; infra 425

3. Supra 406

4. Supra 393, 394

5. Supra 388, 407, 408

6. Supra 398

7. Supra 395, 398

8. New paragraph

9. Supra 319

10. Supra 290, 318, 337, 390, 407, 408

11. Glanvill, xiv, 1

12. ‘vel’

13-14. ‘in aliqua parte sui corporis,’ from line 33

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