Note 579 — MAGNA CARTA. (continued 3)

Subsequent legislation vacillated between two policies, actuated at times by a desire to restrain the discretionary powers of the justices; and at others by experience of the way in which strict adherence to inflexible rules was found to inflict hardships upon litigants. The Statute of Westminster II. (13 Edward I. c. 30) confirmed the power of the justices to reserve cases of mort d’ancestor for decision by the bench, and per contra allowed assizes of darrein presentment (which it associated in this connection with inquests quare impedit) to be taken “in their own counties.” The Act 6 Richard II. c. 5 curtailed the discretionary powers previously conferred, directing that justices assigned to take assizes and to deliver gaols should hold sessions in the county towns in which the shire courts were wont to be held. The Statute 11 Richard II. c. 11 once more relaxed this rule, alleging that it had resulted in the inconvenience of suitors. Therefore authority was given to the chancellor, with the advice of the justices, to determine in what places assizes might be held, notwithstanding the provisions of the Statute of five years previous.