Note 767 — MAGNA CARTA. (continued 4)

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.