ASS 



ASS 



ASSISE, Chrh of. See Clerk. 



Assise, or Assises, was anciently uTed for certain ex- 

 traordinary fttinjis of fuperior judges, in the inferior courts 

 depending on their jurifjicllon, to inquire whether the 

 fubaltcrn judges and ofTicers did their duty ; to receive 

 the complaints preferred again'.l them ; and take cogniz- 

 ance of appeals from them. ,Thcfc are alfo called mer- 

 curial ajftfts. 



Assise was alfo a court or aflembly, compofed of fevcral 

 great perfons of the realm ; held occafionally in the king's 

 palace, for the final dccifion of all affairs of importance. 



This is more ufually called, among our writers, plactta 

 malLi puUica, or cur'iit gensrah-s. Yet there is fome differ- 

 ence been qljifis a.r\d pLici.'a The vifcounts or fheriffs, who 



originally were only lieutenants of the comiles, or counts, 

 and rendered juftice in their place, held two kinds of courts, 

 the one ordinary, held everyday, and called /i/af/Vum; the 

 other extraordinary, culled /'Jjife, or placitum generate ; at 

 which the count himfelf afTiiled, for the difpatch of the 

 more weighty affaiis. Hence the term afTife came to be 

 extended to all grand days of judgmeu!:, at which the trials 

 and pleadings were to be folemn and extraordinary. 



The modern conlUtution of afTifes is different from that 

 above-mentioned. — Our aifife may be defined a court, place, 

 or time, where and wlicn writs and piccefTes, either civil or 

 criminal, or both, are confidered, difpatched, decided, &:c. 



by judges and Jury 



In this fenfe 

 /fecial. 



we have two kinds of affifes ; general and 



Assises, or Assizes, general, are thofe held by the 

 judges twice a year, in their feveral circuits. 



The nature of the aififes is explained by lord Bacon, 

 who obferves, that all the counties of the kingdom are di- 

 vided into fix circuits; to each of which two learned men, 

 affigned by the king's commiflion, are fent twice a year, 

 except London and Middlefex, where courts of nil! prius 

 are holdcn in and after every term, before the chief or other 

 judge of the feveral fuperior courts; and except thf four 

 northern counties, where the afiifes are holden only once a 

 year. Thefc are called Justices, or juJges of ajjife, and 

 have feveral commiffions by which ihcy fit; viz. 



1. j1 comm'i/fi'jn of oyer and terminer, diredled to them, and 

 many others of the beft account in their refpeftive circuits. 

 In this commilfion, the judges of affife, or ferjeants at law, 

 are only of the quoruvi ; fo that without them there can be 

 CO proceeding. Tliis commiffion, which is the largeft they 

 have, gives them power to tranfaft matters relating to trea- 

 fons, murders, felonies, and other mifdemeanors. See Oyer 

 tind Terminer. 



2. Thefeeondis oi gaol-delmery, whichis only to the judges 



themfelves, aad the clerk of the affife aflociate By this 



commifrion, they have concern with every prifoner in gaol, 

 for every offence whatfoever. See GAO\.-DeHvery. 



3. The third is of ajjfe, dirf(f\td to themfelves and the clerk 

 of the affife, to take writs of poffefTion, called alfo affifes, in 

 the feveral couut'es; that is, to take the vcrdift of a peculiar 

 Ipecics of jury, called an nj/ife, and fummoned for the 

 trial of landed difputes. Thefe writs were formerly fre- 

 quent ; but now men's poffcnions are fooner recovered by 

 ejeftments, &c. 



4. The fourth is to fake the nifi prius, direficd to the inf. 

 tices, and the clerks of aflifes; whence they are alfo called 

 jujlicej of n'fi prius. See NisiPRius. ^ 



5. The fifth is a commiffim of peace, in evcrj- county of thtir 

 drcuit; and all the jullices of the peace, having #10 lawful 

 iti-yedimerit, are bouud to be prefeut at the aflifcs, to attend 

 lh« judges. 



The dicriff of ever}' fliire is alfo to attend in perfon, or 

 by a fiifficient deputy allowed by the judges, who may fine 

 him if he fail. 



Thefe commirfions are conllantly accompanied bv writs 

 of aflociation, iu purfuance of the Ifatutes 27 Edw. I. c. 4. 

 12 Edw. II. c. 3. ; by which certain perfons (ufually the 

 clerk of the affife and his fuboidinate ofHceis) are dire£led 

 to affociate themfelves with the jullices and ferjeants, and 

 they are required to admit the laid perfons into their fociety, 

 in onler to take the affifes, &c. that a fufHcient fupply of 

 commillloners may never be wanting. But to prevent the 

 delay of juftice by the abfence of any of them, there is alfo 

 iffued.of courfe a writ of " fi non omnes,^' direfting, that 

 if all cannot be prefcnt, any two of them (a juftice or ferjeant 

 being one) may proceed to execute the commifiion. 



There is a commiffion of the peace, oyer and terminer, 

 and gaol-delivery of Newgate, held eight tim.es in every 

 year, for the city of London and county of Middkfcx, at 

 jullice-hall in the Old Bailey, where the lord mayor is chief 

 judge. In Wales there are but two ciicuits, North and 

 South Wales; for each ol which the king appoints two 

 perfons learned in the law to be judges. Stat. 18 Eliz. 

 c. 8. 



This excellent conftitution of judges, circuits, and affifes,. 

 was begun in the time of Henry II. though fumewhat dif- 

 ferent from what it is now. 



The grand aflife, or trial by jury, inllituted by Henry II, 

 as an alternative intlead of judicial combats, is particularly 

 deferibcd by Glauvil, who was probably the advifer of the 

 meafure. 



For this purpofe a writ, De magna qffifa eltgenda, was 

 direfttd to the fherift, to return four knights, who were to 

 elect twelve others to be joined with them : all thefe 

 together fomied the grand affife, ordained to try the matter 

 of right. 



The judges of affife came into ufe in the room of the an- 

 cient jullices in eyre, jii/litiarii in itinere ; who were regularly 

 eflabliflied, if not firft appointed, by the parliament of North- 

 ampton, A. D. 1176, 22 Hen. II. with a delegated power 

 from the king's great court; and they afterwards made their 

 circuit round the kingdom once in feven years, for the pur- 

 pofe of trying caufes. They were afterwards direfled by 

 Magna Ciiarta, c. 12. to be fent into every county once a 

 year. Blackflone's Com. vol. iii. See Justices o/V/J^. 



Assise Special, is a particular commiffion granted to cer- 

 tain perfons, to take cognizance of fome one or two 

 caufes, as a diifeifin, or the like. This was very fre- 

 quently pradiled among our anceftors. Bradton, lib. iii. 

 c. 12. 



Assise is alfo ufv.d for a writ diredled to the flierifT, for 

 the recovery of poffeilinn of tilings immoveable, whereof a 

 man's lelf, or anceftors, have been diffeifed. 



Lyttleton, and others, fuppofe thefe writs of affife, in 

 which the flieriff is ordered to funimon a jury or affife, to 

 have given tlie denomination to the affifes, or courts fo called ; 

 and they affigu feveral reafons of the name of the 

 writ : as, 



I. Becaufe fuch writs fettle the poffeffion and right, in 

 him that obtains by them. 2. Becaufe originally they were 

 executed at a certain time and place appointed ; for by the 

 Norman law, tlie time and place mull be known forty days 

 before the judges fit; and by our law there muft be fifteen 

 days preparation, except they be tried in the ftanding courts 

 at Vv'ertniinfter. But it is more natural to fuppofe the writs 

 denominated from the courts ; and that they were called 

 affifes, becaufe anciently tried at fpecial courts of affifes, fet 

 End appointed for that purpofe. Though of latter days, 



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