[747]. See supra, pp. [103-6].
[748]. See Leges Henrici primi, c. 69, §§ 15-16.
[749]. Cf. supra, c. 20.
[750]. “Illud verbum odiosum quod recreantus sit.” Bracton, folio 153.
[751]. See Jocelyn of Brakelond, pp. 50-2.
[752]. Blackstone, Commentaries, IV. 316.
[753]. Cf. supra, 107–9, and also 158-163.
[754]. Some particulars are given under c. 54.
[755]. In identifying the writ spoken of by Magna Carta as that “of life and limbs” with the well-known writ de odio et atia, most authorities rely on a passage in Bracton (viz.: folio 123). There is still better evidence. The Statute of Westminster, II. c. 29, ordains: “Lest the parties appealed or indicted be kept long in prison, they shall have a writ de odio et atia like as it is declared in Magna Carta and other statutes.” Further, in 1231 twelve jurors who had given a verdict as to whether an appeal was false, were asked quo waranto fecerunt sacramentum illud de vita et membris, without the king’s licence. See Bracton’s Note Book, case 592.