The justices must then see whether mayhem is involved or not. If it is adjudged  mayhem, the appellee's choice of making his defence by his body or by the country  is then taken from him, for here he will of necessity be forced to defend himself by  the country.1 Sometimes even the country is taken from him, because of his  confession, as where he has acknowledged the deed before those who have record,2  as may happen where one castrates another and acknowledges that he is seised of  the testicles; he cannot make any further denial of the deed contrary to their  record.
Wounding is to be tried if there is
[no] mayhem.  If it is not adjudged mayhem, let proceedings be taken against the appellee as  above [in the portion] on breach of the peace and wounding.3 General exceptions  may sometimes be raised against an appeal of this kind, as above,4 as where the  appellor has not made adequate suit, or did not prosecute before the eyre of the  justices, or showed no wound to the coroners, or nothing except a scratch or a  bruise, contusions made by a club rather than an edged weapon.5 Also on the  ground of variance, as where he first appeals of breach of the king's peace and  now of the sheriff's peace or conversely,6 [or appeals] him first as principal and  afterwards as accessory or conversely,7 [or] first of one wound and afterwards of  another, [or] of a wound in one part of his body and afterwards of the same wound  in another part, [or] first of a wound caused by a sword and afterwards, before the  justices, of one caused by a two-edged axe. 8If one is appealed of a minor and also  of a major crime, he may except in the minor until the major is determined, just  as he may if the actions are criminal and civil, for a criminal action will always be  determined before a civil.9 Not every wound gives rise to an appeal, for the trifling  nature of a wound avoids an appeal, as was said above,10[that question is left to  the discretion of the justices,] provided that if it is a head wound it is sufficient  if it is deep enough to reach the bone, and so in any other part of the body. If the  bone is broken,11 as may easily be ascertained from its looseness, or the skull  fractured so that bones protrude or a large splinter of bone projects, it will be  avoided, [that is] the duel will fall, because of mayhem.
What ought to be termed mayhem.
 It may be said to be mayhem when one is rendered incapable of fighting, especially  by him whom he is appealing, as where bones protrude from his head or12 a large  splinter of bone projects, as was said, [or] a bone is broken 13in some part of his  body,14 or a foot or hand, or part of a foot or hand, or a finger