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Kneeling before their Duke, expounding their gravamens as if they were suing out a writ of Mort d'Ancestor, they very soon found out that he was no more a Norman than Saint-Pol. The old King made short work of their 'ut predictum ests' and 'Quaesumus igiturs. 'Good sirs, says he, knitting his brows, 'where is this lord who has done you so much injury?
Inquests of novel disseisin, of mort d'ancestor, and of darrein presentment shall not be held elsewhere than in their own county courts, and that in manner following; We, or, if we should be out of the realm, our chief justiciar, will send two justiciaries through every county four times a year, who shall alone with four knights of the county chosen by the county, hold the said assizes in the county court, on the day and in the place of meeting of that court.
Murder and assault, robbery and burglary, fill the earliest court records, and on the civil side a large proportion of the cases, like those under the assizes of Mort d'Ancestor and Novel Disseisin, concerned attacks on property not very different in character.
This tendency Henry followed in granting the use of the primitive jury generally to his subjects in certain classes of cases, to defendants in the Great Assize to protect their freehold, to plaintiffs in the three assizes of Mort d'Ancestor, Novel Disseisin, and Darrein Presentment to protect their threatened seisin.
Trials upon the Writs of Novel Disseisin, and of Mort d'ancestor, and of Darrein Presentment, shall not be taken but in their proper counties, and after this manner: We, or if we should be out of the realm, our chief justiciary, will send two justiciaries through every county four times a year, who, with four knights of each county, chosen by the county, shall hold the said assizes in the county, on the day, and at the place appointed.
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