Page:Ruffhead - The Statutes at Large, 1763.djvu/177

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A.D. 1297
Anno vicesimo quinto Edwardi I.
Stat. 1.
131

The Statute of the Writ of Consultation, made 24 Edw. I. and Anno Dom. 1296.

In what Case a Consultation is grantable.

[1]WHEREAS Ecclesiastical Judges have often surceased to proceed in Causes moved before them, by Force of the King's Writ of Prohibition, in Cases whereas[2] Remedy could not be given to Complainants in the King's Court, by any Writ out of the Chancery, because that[3] such Plaintiffs were deferred of their Right and Remedy in both Courts, as well Temporal as Spiritual, to their great Damage, like as the King hath been advertised by the grievous Complaint of his Subjects: (2) Our Lord the King willeth and commandeth, That where Ecclesiastical Judges do surcease in the aforesaid Cases, by the King's Prohibition directed unto them, that the Chancellor, or the Chief Justice of our Lord the King for the Time being, upon Sight of the Libel of the same Matter, at the Instance of the Plaintiff (if they can see that the Case cannot be redressed by any Writ out of the Chancery, but that the Spiritual Court ought to determine the Matters) shall write to the Ecclesiastical Judges, before whom the Cause was first moved, [4]that they proceed therein, notwithstanding the King's Prohibition directed to them before ⟨given in the 18th Year⟩.[5]

By 50 Ed. 3. c. 4. no Prohibition allowed after Consultation duly granted.

  1. ↑ 12 H. 7. f. 22.; 2 H. 4. f. 9.
  2. ↑ Read wherein.
  3. ↑ Read whereby.
  4. ↑ Regist. 44.; Rast. 483.
  5. ↑ Add given in the 18th Year.

Statutes made at London the Tenth Day of October, Anno 25 Edw. I. ⟨Stat. 1.⟩[1] and Anno Dom. 1297.[2]

CAP. I.
A Confirmation of the Great Charter, and the Charter of the Forest.

EDWARD, by the Grace of God, King of England, Lord of Ireland, and Duke of Guian, to all those that these present Letters shall hear or see, Greeting. Know ye that we, to the Honour of God, and of Holy Church, and to the Profit of our Realm, have granted for us and our Heirs, that the Charter of Liberties, and the Charter of the Forest, which were made by common Assent of all the Realm, in the Time of King Henry our Father, shall be kept in every Point without Breach. (2) And we will that the same Charters shall be sent under our Seal, as well to our Justices of the Forest, as to others, and to all Sheriffs of Shires, and to all our other Officers, and to all our Cities throughout the Realm, together with our Writs, in the which it shall be contained, that they cause the foresaid Charters to be published, and to declare to the People that we have confirmed them in all Points; (3) and that our Justices, Sheriffs, Mayors, and other Ministers, which under us have the Laws of our Land to guide, shall allow the said Charters pleaded before

Farther confirmed by 28 Ed. 1. stat. 3. c. 1.

  1. ↑ Add Stat. 1.
  2. ↑ This is taken from the Secunda pars veterum Statutorum, and is in all the English Editions: It is called Confimatio Cartarum.
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