Statutes.
Westm. 1. cap. 40. Touching the Oaths of the Champions it is thus provided, be∣cause it seldom hapened, but that the Cham∣pion of the Demandant is forsworn, in that he sweareth that he or his Father saw the seisin of the land or his Ancestor. And that his Father commanded him to dereign the right, that from henceforth the Champion of the Demandant shall not be compelled so to swear.
The battail in an appral must be in proper person.* 1.1 And therefore there the Defendant is restrained from the choice of battail, and must needs try i•• by Jury. If there be any notorious presumption of the fact in him, as that he brake Prison, or escaped by flight being led towards Priso•• for it,* 1.2 or was(b) 1.3 indicted for it. So in an ap∣peal of Murder, that he was taken in the act with a(c) 1.4 bloody knife, in an appeal of Robbery, that upon fresh sute and hue and cry he was taken with the manner,