[766]. See Bracton’s Note Book, case 134, and cf. case 1548.
[767]. Stephen, Hist. Crim. Law, I. 242 (following Foster, Crim. Cases, 284–5), considers that it was abolished by 6 Edward I., stat. 1, c. 9. Coke, Second Institute, 42, thought it was abolished by 28 Edward III. c. 9 (which, however, seems not to refer to this at all), and restored by 42 Edward III. c. 1 (abolishing all statutes contrary to Magna Carta). Coke, Ibid., and Hale, Pleas of the Crown, II. 148, considered that the writ was not obsolete in their day. Cf. Pollock and Maitland, II. 587, n.
[768]. 3 Edward I. c. 11.
[769]. 6 Edward I., stat. 1, c. 9.
[770]. 13 Edward I. cc. 12 and 29.
[771]. See Rot. Parl., I. 323.
[772]. 6 Edward I. c. 9. Appeals were extremely frequent towards the close of the Plantagenet period, especially in the days of “the Lords Appellant.” The proceedings which followed on appeal sometimes took place before the Court of the Constable and Marshal and sometimes before Parliament. In neither case were they popular. One of the charges brought against Richard II. by the Parliament which deposed him, was that “in violation of Magna Carta” (that is, probably, of chapter 39) persons maliciously accused of treasonable words were tried before the constable and marshal, and although they might be “old and weak, maimed or infirm,” yet compelled to fight against appellants “young, strong, and hearty.” See Rot. Parl., III. 420, cited Neilson, Trial by Combat, 193. On the other hand, the Statute 1 Henry IV. c. 14 provided that no appeals should in future be held before Parliament, but only before the Court of the Constable and Marshal.
[773]. See 3 Henry VII. c. 1, s. 11. This statute emphasized how the injured party, with the right of appeal, was “oftentimes slow and also agreed with, and by the end of the year all is forgotten, which is another occasion of murder.”
[774]. See Ashford v. Thornton, 1 B. and Ald. 405-461.
[775]. See 59 George III. c. 46.