ASS 



ASS 



Tiwntc^ " pojl-di/j^ifin" again!l him; which fnbjefts the 

 po(l-di(reifoi- to the fame pjiialties as a re-diflcifor. The 

 reafon of winch, j.-iven by fir Edward Coke, 2 lull. 83, 84. 

 is, becaufe fuch proceeding is a contempt of the king's 

 courts, and in dcipite of the law. Bratton, 1. 4. c. 49. 131. 

 Conim. vol. iii. p. 188. 



The court of Common Picas, or King's Bench, may 

 hold plea of aflifcs' of land in the county of Mlddkfex, by 

 writ out of Chancery, i Litt. Abr. 105. And in cities and 

 corporations an " ajpfi of frrjh force" lies for recovery ol 

 poifeflion of lands, within forty days after the difTeifin, as 

 the ordinary affifc is in the county. F. N. B. 7. 



Assise of Dtirrilri Pirfaifment, or lall prcfentalion, lies 

 when a man, or his anccltors, under whom he claims, have 

 prefentcd a clerk to a benefice, who is inilituted ; and after- 

 wards upon the next avoidance, a ftranger prefents a clerk, 

 and thereby dillurbs hini that is the real patron. In this 

 cafe the patron fhall iiave this writ diretlcJ to the (heriff to 

 fiimmon an affife or jur)-, to inquire who was the laft patron 

 that prefented to the church now vacant, of which the 

 piaintift complains that he is deforced by the defendant ; and, 

 according as the affife determines that queftlou, a writ fliall 

 ilTue to the billiop, to inllitute the clerk of that patron in 

 whofe favour the determination is made, and alfo to give 

 damages, in purfuance of Itatute Weftm. 2. 13 Edw. I. 

 c. 5. The ilatute ot 7 Ann. c. 18. having given a right to 

 any perfon to bring a writ of " quare tmped'tt" and to recover 

 (if his title be good), notwithitanding the laft prcltntation, 

 by whomfoever made ; affifes of darrein prefentment now 

 not being in any wife conclufive, have been totally difufed, 

 as indeed they began to be before ; a '■'■ qunrehnpcd'tt," being 

 a more general, and therefore a n\ore ufn;d adion. For the 

 alTifc of darrein prefentment lies only where a man has an 

 advowfon by defcent from his anceftors ; but the writ of 

 " quiirs impidit" is equally remedial, whether a man claims 

 title by defcent or purchafe. z Init. 355. Bl. Com. vol. iii. 

 p. 245. 



Assise of Juris ulrum, fometimes ftylcd the parfon's writ 

 of right, being the highell writ which he can have, lies for 

 a parfon or prebendary at common law, and for a vicar by 

 llat. 14 Edw. III. c. 17. and is in the nature of an aiTife, 

 to inquire whether the tenements in qucllion are frankalmoign 

 belonging to the church of the demandant, or eU'e the lay- 

 fee oi the tenant. By this the demandant may recover 

 lands and tenemerrts, belonging to the church, which were 

 aliened by the pvedeceflor; or of which he was dilTeifed; or 

 wliich were recovered againft him by verditl, confeffion, or 

 default, without praying in aid of the patron and ordinary' ; 

 or on which any perfon has intruded fince the prcdeceffor's 

 death. F. N. B. 48, 49. But fince the reftraining ftatute 

 cf 13 Eliz. c. 10. whereby the alienation of the predecefibr, 

 or a recovery luffered by him of the lands of the churcli, is 

 declared to be abfolutely void, this remedy is of very little 

 life, nnlefs where the parfon himfelf has been deforced for 

 more than twenty years ; for tlie fuccefTor, at any competent 

 time after his acccflion to the benefice, may enter, or bring 

 an ejedlmcnt. Bj. Com. vol. iii. p. 253. 



Assise is alfo ufcd, according to Lyttleton, for a jury. 

 Tliis that author fuppofes to be by a vuionymia ejfetii, the 

 jury being fo called, becaufe fummoned by virtue of the writ 

 of affife. 



Yet it muft be obferved that the Jury fummoned upon 

 a writ of right is likewife called the affife ; lyit this may 

 be faid to be xaTaxpriitw.;, or abufively fo termed. Affife, 

 in this fignification, is divided into ma^na l^ parva. 



Assise is farther uftd, according to Lyttleton, for an 

 ordinance or ftatute, regulating the weight, fize, or di- 



mcr.fionn of certain commodities. Thus the ancient flatnfe 

 of bread and aie, anno 51 Men. III. is termed the aUfe 

 of bread and cL; ajjifa pants £5* an-vyl^e. See jijif of 

 Bread. 



Assise is farther ufed for the fcantling or quantity itfelf 

 prefcribed by the ftatute. When wheat is of fuch or fuch 

 price, bread ftiall be of fuch affife. See Bread. 



AVe have divers ftatutes for fixing the affife of fifll, cloths, 

 wood, billets, faggots, and the like. Vide 34 5c 35 Htn. 

 VIII. c. 3. 2 Ann, cry. loAnn, c. 6. 19 Car. U. c. 3. 

 4 Jac. 1. c. 9. I Geo. I. ftat. 2._ c. t8. 



Fixing any affife of cloth, or prcfcribing what lergth, 

 breadth, weight, &c. it fnall have, fir Jofiali Child thinks, 

 docs more hurt than good. As the fafliion; and iuur.oursof 

 mankind are variable, to fupply all markets at all times, we 

 muft have all forts, cheap and light, as well as heavier and 

 better. Stretching with tenters is effential to our drapery, 

 and the prccile degree or quantity of it cannot without injury 

 be preicribed by any law ; but muft be left to the vender's 

 or exporter's difcretion. 



Assise of the Forcjl, is a ftatute or condition containing 

 orders to be obferved in the king's foreft. It is called an 

 aifife, becaufe it fcts down and appoints a certain mealure, 

 rate, or order, in the things it concerns. 



Assise, again, is ufed for the whole procefs' i;i court, 

 founded on a writ of affife ; and fometimes for a part of it, 

 viz. tlie ifliie, or verdict of the juiy. 



Thus we read, that "affifes of novel difTeifin (liall not be 

 taken but in their ftiires ; and after this manner, &c." Mag. 

 Chart, cap. 12. So in Merton, cap. 4. Hen. III. we meet 

 with, " certified by affife, quitted by affife, &c." 



Assise of the King, a name given to the ftatute of view 

 of frank-pledge, 18 Ed. II. 



Assise at large is brought by an infant to inquire of a 

 diffiiifin, and whether his ancellor were of full age, good. 

 memor)', &c. when he made the deed pleaded, whereby he 

 claims his right. 



A.SSIS?. in Point of AJJife, ajffa in modum nJTfs , is when the 

 tenant, as it were, fetting foot to foot with the demandant, 

 without any thing further, pleads direilly the writ, no wrong, 

 no diffi;ifin. 



Assise out of the Point of AJJife, is when the tenant 

 pleadeth fomething by exception, as a foreign releafe, or 

 foreign matter tria^jle in a foreign countr)' ; which muft be 

 tried by a jury, before the principal caufe can proceed. 



Assise of Right of Damages is where the tenant confelfeth: 

 an oufter, and referring it to a demurrer in law, whether it 

 were rightly done or not, is adjudged to have done wrong ;: 

 whereupon the demandant ftiall have a writ of affife to recover 

 damages. Brafton, 1. 4. F. N. B. 105. 



Assise of Arms, a name given to an aft of 27 Hen. II. 

 which provided that every man's armour ftiould defcend ta 

 his heir, for defence of the realm ; and which, together with 

 the ftatute of Winchefter, 13 Edw. I. c. 6. obliged every 

 man, according to his eftate and degree, to provide a de- 

 terminate quantity of fuch anns as were then in ufe, in order 

 to keep the peace. 



Assise, Black, m Hiflory, an affife held at Oxford, in 

 July, A. D. 1577, fo called on account of a fudden "damp" 

 which is faid to have arlfen, and after nearly fmothering the 

 whole court and audience, occafioned the death of the judge, 

 high flieriff', moll of the jury, and above 500 of the fpec- 

 tators. This fatality was afcribed by the vulgar to magic ; 

 but the difcernment of lord Bacon faw through the mift of 

 fupcrftition. The fymptoms of this diforder, which feenis 

 to have been the firft appearance of the gaol-fcvcr in En"land, 

 marked the moft extreme putridity. 



Assise, 



