CUSTUMAL: CAPITULUM 10

If anyone, with malice aforethought, gravely wounds another, he is to be held in prison until there is good prospect of the wounded party recovering. The attacker is to forfeit to the bailiffs the weapon he used, and is to compensate the wounded party, if he recovers. In addition he is to be heavily amerced and punished for breaking the peace. Similarly, if anyone, with malicious intent, commits violence on another so that blood is drawn, he is to be held under arrest in case the victim wishes to sue him, until he is able to give guarantees for answering to justice and making amends to the wounded party and for breaking the peace (if he is convicted). If the victim lacks the will or courage to sue his attacker, even though the assault is notorious [i.e. can be proven by witnesses], he must still answer to the bailiffs for breaking the peace and, if convicted, is to be amerced heavily and lose the weapon with which he committed the assault. In cases of minor assaults not involving weapons, a party may sue by gage and pledge, according to custom, to ensure aggressions do not go unpunished.

[This chapter illustrates that, notwithstanding the concern expressed in cap.4, the bailiffs could ex officio (since they were the king's officers) take the role of plaintiff in cases involving breaking the king's peace. Compare this chapter with Yarmouth by-laws on drawing blood and assault.]