Bracton: Thorne Edition: English. Volume 2, Page 429

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Volume 2, Page 429

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[001] will not be in the same case as a wife, for such persons are bound to accuse [the
[002] man] or to withdraw from his service; otherwise they are taken to consent. ¹If a
[003] woman has been condemned for a crime and is pregnant, execution of sentence is
[004] sometimes deferred after judgment rendered until she has given birth,² whether
[005] conception took place before the offence or after it. To the same intent is D. 48.19.3,
[006] where it is said that punishment of a pregnant woman who is condemned is deferred
[007] until she gives birth, nor is she to be put to the question so long as she is pregnant,
[008] that is, she may not be tortured.

Of manifest theft and of an approver who confesses.

[010] When one caught with the proceeds of theft, [sometimes³ without any [such]
[011] proof,] confesses the theft and that he is a thief, or confesses the homicide or robbery,
[012] or that he has committed some other felony, or been outlawed, or has broken
[013] gaol, or abjured the realm, or has done something because of which he bears his
[014] judgment with him, the lord king may if he wishes grant him his life and members on
[015] condition that he rid the country of [so many] criminals, by his body or by the
[016] country or by flight, according as the number and method is agreed upon between
[017] them. He may appeal any he wishes of confederacy and theft, or of any other
[018] felony, unless⁴ he is law-abiding and in frankpledge, [or] has a lord who avows him,
[019] [or] is willing to put himself on the country. ⁵<[Those who] bear their judgment with
[020] them, that is, those condemned by sentence of the court, have no appeal against
[021] anyone, law-abiding or not, because their rod is completely broken. But this will not
[022] be true of an approver, for though he has confessed the crime he has not received
[023] judgment.>⁶ [If the law-abiding appellee is delivered by the country, the lawless
[024] approver will be condemned as a liar and taken as convicted.]⁷ [If he is not in a
[025] tithing and has no lord who avows him and refuses to put himself on the country,
[026] then, since there is nothing to be said in his favour⁸ and he is thus on a par with the
[027] appellor, let the duel proceed between them.⁹ And so if on the appeal of an approver
[028] he puts himself on the country with respect to the robbery and theft, or the other
[029] felony alleged against him by the approver, and is found suspect by the country, let
[030] the duel proceed between them.] For a felon or a self-confessed thief has no right to
[031] speak against a law-abiding man who is able and willing to put himself on the country
[032] regarding his obedience to the law. ¹⁰When a man has confessed theft or other
[033] felony and become an approver before any who have record with respect to such
[034] confession, he either persists in that intention before the justices or he does not.
[035] If he does not, but

Notes

1. New paragraph

2. Leis Willelme 33; Liebermann, i, 514: ‘Si femina pregnans adiudicata sit morti vel membrorum mutilacioni, differatur executio sententie usque quo pariat.’

3. ‘quandoque’

4. ‘nisi’ for ‘si’; om: ‘dum tamen’

5. Supra i, 390, from below

6. Cf. supra 335, 336, 397, 398

7. Infra 433

8. B.N.B., no. 136 (marginal note); Gloucester Crown Pleas, 152

9. Infra 433

10. New paragraph