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City of Brantford, A Historical Study of the Applicability of Ontario Provincial Legislation.

This website is funded by the Restore the Haldimand Treaty Project and Mohawk Charitable Foundation.

Prerogative Writs, UK Statutes Reference Directory

Filename Type Size Modified
uk_statutes_references_1216_1820_arrest.pdf PDF 1.8 MB Jan 16 2021
uk_statutes_references_1216_1820_certiorari.pdf PDF 2.6 MB Jan 16 2021
uk_statutes_references_1216_1820_entry.pdf PDF 1.1 MB Jan 16 2021
uk_statutes_references_1216_1820_error.pdf PDF 1.9 MB Jan 16 2021
uk_statutes_references_1216_1820_habeas_corpus.pdf PDF 1 MB Jan 16 2021
uk_statutes_references_1216_1820_mandamus.pdf PDF 1.3 MB Jan 16 2021
uk_statutes_references_1216_1820_procedendo.pdf PDF 1.2 MB Jan 16 2021
uk_statutes_references_1216_1820_prohibitio.pdf PDF 1.1 MB Jan 16 2021
uk_statutes_references_1216_1820_quo_warranto.pdf PDF 1 MB Jan 16 2021
uk_statutes_references_1216_1820_right.pdf PDF 1.1 MB Jan 16 2021
uk_statutes_references_1216_1820_scire_facias.pdf PDF 1.1 MB Jan 16 2021

As is well known, the breve, or "writ," was originally a short written command issued by a person in authority, and "tested" or sealed by him in proof of its genuineness. In the days when writing was a rare art, the fact that a command was written was in itself a feature which distinguished a "writ" from a mere hasty spoken command, the receipt of which, or its terms, could be denied or questioned. By a process familiar in other branches of social economy-coinage, measures of weight and distance, the maintenance of "the peace," the organization of offices, and the like-the King's writ, soon after the Norman Conquest and the establishment of a strong, centralized mon- archy, swallowed up, as it were, all the rival and inferior writs; and when people spoke of a "writ" they soon thought exclusively of the King's writ, just as a "shilling" came to mean exclusively a King's shilling, and a "chancellor" or "judge" (though other authorities had chancellors and judges) meant, unless the contrary was stated, the King's Chancellor, or one of his judges. THE PREROGATIVE WRITS IN ENGLISH LAW EDWARD JENKS, D.C.L. APRIL, 1923

As an ecclesiastical instrument always issued from the cancellocum (chancery), a writ by its very name and nature from its origin is an absolute and precise instrument that must conform to the strictest standards to be considered valid. Therefore, from its inception under the Carolingians in the 8th Century, a writ is only valid if it possesses the following attributes:

Since the creation of the concept of a writ in the 8th Century by the Carolingians, Holy Writs have been the means by people were called (summonsed) to official meetings such as parlomentum (parliament) as well as the commencement of all valid legal proceedings, as demonstrated by the two (2) legal maxims that underpin Sacred Law and the foundation of Western Law and Catholic Law:

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