Bracton: Thorne Edition: English. Volume 2, Page 434

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Bracton Online -- English

Volume 2, Page 434

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[001] they to be released on finding pledges except on special instructions from the king.¹
[002] And let [the same] be done as to others² [If anyone in his court, or if the county
[003] court or a justice, without being specifically assigned to do so,³ holds the appeal of
[004] an approver, the county court or the court will be amerced and the justices reprimanded.
[005] If this has been done in a court baron let the record be summoned by this
[006] writ:

If a county or a seignorial court entertains the appeal of an approver; let the record come to the king's court by this writ.

[008] ‘The king to the sheriff, greeting. It has been shown to us that when such a one
[009] was arrested in your county (or ‘within the liberty of such a one’) in possession of
[010] the stolen goods and had confessed the theft and turned approver and appealed
[011] several of confederacy and theft, the county court (or ‘the bailiffs of such a hundred
[012] court (or ‘of such a court’) and the knights and free tenants of the said hundred
[013] court (or ‘of the said court’) held that plea and heard the appeal of the said approver
[014] so that so many men were convicted in the said hundred court (or ‘court’) without
[015] our order and without the warrant they should have therefor. Therefore we order
[016] you, taking with you reputable men and the keepers of the pleas of our crown,
[017] [to go to the aforesaid hundred court (‘or court’)] and cause the aforesaid hundred
[018] court (or⁴ ‘the aforesaid court’) and those before whom the said appeal was brought
[019] to convene without delay and to make a record in your presence of how that appeal
[020] was brought in the aforesaid hundred court (or ‘court’) and how the said approver
[021] appealed the aforesaid men, by what words, and for what reason the aforesaid men
[022] were convicted. And have that record before us at such a term under your seal
[023] and the seals of the aforesaid keepers and by the hands of four law-worthy men
[024] from among those who were present at the making of that record. ⁵And receive that
[025] approver from the said bailiffs at once and keep him in safe custody and have him
[026] before us or our justices etc. and all those whom he has appealed of confederacy
[027] and theft that they may answer him on the aforesaid charge whereof he appeals
[028] them.’]

A writ to the sheriff that he have the approver and all whom he appeals of confederacy before the king.

[030] ⁶who go into hiding [not] because of an approver's appeal, [but]

Notes

1. Infra 435

2. Reading: ‘Et idem fiat de aliis,’ continued at n. 6; om: ‘de eis ... fit’

3. Supra 430, also 331, 346

4. ‘vel’

5. A portion of a writ? The rubric below should precede it

6. Continued from n. 2; reading: ‘qui [non] propter appellum probatoris se subtrahunt [sed]’