any allowance or exception, let the duel be waged between them and let the  appellee give gage for defending and the approver for deraigning. If the appellee  has no pledges the gaol shall then be the pledge of both.1 And a day shall be given  on which they shall come armed. When they appear, let the defender first swear an  oath in these words:
Of the form of oath sworn by appellors and appellees; the appellee shall first swear in words of denial.
 Hear this, O man, whom I hold by the hand and who callest thyself A. by thy  baptismal name, that I am not a thief nor thy confederate in theft (or robbery  and the like) nor did I steal with thee such a thing at such a place (nor did we  [together] commit such a robbery or whatever it may be) nor did I have such an  amount as my share, so help me God etc.
The appellor shall then swear affirmatively.
 Then let the approver say: Hear this, O man, whom I hold by the hand and  callest thyself B. by thy baptismal name, that thou art a perjurer, and perjured in  this wise, because thou art a thief and a confederate of mine in theft, because we  stole together such a thing at such a place (or we together committed such a  robbery or did whatever it may be) and thou hadst so much as thy share thereof,  so help me God etc. And so, the procedure described above being observed, let  the duel be fought between them.
If the appellee is vanquished.
 If the appellee is vanquished the approver shall wage another duel against another  appellee on the same day, [but another day shall be appointed for the fight, on  which they shall both come armed,] and let the same be done as to several, one  after the other. According to some it is not enough if the appellee confesses himself  a confederate and a thief, or says something that amounts to a craven admission  of defeat, but must utter the said hateful word, that he is a craven, and also a  confederate and a thief. In the opinion of others it is enough that he confesses  himself a confederate and a thief, since it does not matter whether a thing itself  be done or its equivalent.
If the approver is vanquished.
 If the approver2 is vanquished let the appellee be released, but under pledges,  because of the suspicion arising from the appeal,3[unless the justices decide that  he be kept in prison because he is suspect for some other reason, perhaps because  he was indicted at another time,4 [if this is attested] by knights and other trustworthy  men, as [in the roll] of Hilary and Easter terms in the fifth year of king  Henry in the county of York, at the beginning of the roll, [the case] of Robert son  of Ives,5 where [another] duel was waged on the same day
1. C.R.R., x, 67 plegius utriusque gaola; supra 345, 431, n. 7, infra 433