Harvard Law School Library

Bracton Online -- English

Previous   Volume 2, Page 422  Next    

Go to Volume:      Page:    

A writ to the effect that he be committed to the security of twelve men.

[002] ‘The king to the sheriff, greeting. If twelve free and law-abiding men of your county
[003] have undertaken before you to have B. before us or our justices on such a day
[004] to stand trial with respect to the appeal which A. in our said court etc. is bringing
[005] against him for the death of C., his uncle (or of some other, such a one) then cause
[006] that appeal to come before us or our justices etc. on the aforesaid day. And tell
[007] the aforesaid A. to be then present there before etc. to prosecute his appeal against
[008] the said B. if he so wishes. And have there the names of the aforesaid twelve
[009] pledges1 and this writ. Witness etc.’ If, as said above, the appeal is in the county
[010] court, let another writ for summoning the appeal before the king issue in this form:

Writ for summoning an appeal before the king.

[012] ‘The king to the sheriff, greeting. We order you to cause the appeal for the death
[013] of C., of which A. appeals B. and for which B. was attached in your county court,
[014] to come before etc. on such a day as he was attached to come before our justices
[015] at the first session when they come into those parts. And have etc. Witness etc.’
[016] If the appeal has been made directly before the king or his justices of the bench,
[017] let a writ for attaching the person appealed as principal then issue in this form:

The writ where an appeal has been made directly before the king.

[019] ‘The king to the sheriff, greeting. If A. has made you secure with respect to
[020] prosecuting his claim, then put B. and C. by gage and safe pledges to be before etc.
[021] on such a day to answer the said A. regarding the death of D., his father (or
[022] another) whereof he appeals them (or ‘of breach of the peace and wounding’ or
[023] the other felonies mentioned above). And have there the names of the pledges
[024] and this writ.’ On that day those attached may essoin themselves, unless homicide
[025] or some other major crime is involved. If they have neither come nor essoined
[026] themselves and the sheriff has sent the writ and the names of the pledges, the
[027] appellor being prepared to proceed, then ‘let them be attached by better pledges.’
[028] And finally, ‘that he have their bodies.’ And let the order of attachments be
[029] observed, [as below [in the portion] on [defaults in] personal actions,]2 unless the
[030] justices think otherwise, because of the nature of the offence. If [the appellees] then
[031] go into hiding, let them be exacted as above, and all their pledges amerced. If the
[032] pledges produce the appellees on their appointed day they will be discharged of the
[033] bail [unless they volunteer to remain responsible for them] if they are bound to
[034] nothing more than to produce them,3 [and] not that they answer or make their
[035] defence,4 though it would be otherwise if they were pledges for


1. ‘plegiorum,’ as below

2. Infra iv, 363 ff.

3. ‘eos’ for ‘eum’

4. Om: ‘nisi velint’

Contact: specialc@law.harvard.edu
Page last reviewed April 2003.
© 2003 The President and Fellows of Harvard College