ASSIZE

ASSIZE, or Assise, Assisa,in Law, a sitting of Judges, or Justices; for the hearing and determining of Causes.
See JUDGE, JUSTICE, CAUSE, etc.

The Word is French, Assise, of Ais, seated; formed of Assideo, I sit by; which is compounded of ad, to, and sedeo, I sit. See ASSESSOR.



Assize, or Assizes, were originally used for certain extraordinary Sittings of superior Judges, in the inferior Courts depending on their Jurisdiction; to inquire whether the subaltern Judges and Officers did their Duty; to receive the Complaints preferred against them; and take Cognizance of Appeals from them.
See APPEAL, etc.

Assize, was also a Court or Assembly, composed of several great Persons of the Realm; held occasionally in the King’s Palace, for the final Decision of all Affairs of Importance. See COURT, PALACE, &c.

This is more usually called, among our Writers, Placita, or Curiae Generales. See PRACTICA, &c.

Yet there is some Difference between Assizes and Placita,—The Vicounts, or Sheriffs, who originally were only Lieutenants of the Comites, or Counts, and rendered Justice in their Place; held two Kinds of Courts, the one ordinary, held every Day, and called Placitum; the other extraordinary, called Assize, or Placitum Generale; at which the Count himself assisted for the Dispatch of the more weighty Affairs—These Assizes were also called Mallum. See COUNT, VICOUNT, SHERIFF, &c.

Hence, the Term Assize came to be extended to all grand Days of Judgment, at which the Trials and Pleadings were to be solemn and extraordinary.

The modern Constitution of Assizes is pretty different from that hitherto spoke of—Our Assize may be defined a Court, Place, or Time where, and when Writs and Processes, either civil or criminal, or both, are considered, dispatched, decided, etc. by Judges and Jury. See PROCESS, COURT, DAY, JURY, &c. In this Sense, we have two Kinds of Assizes; general and special.

General Assizes, are those held by the Judges twice a Year, in their several Circuits. See CIRCUIT. The Nature of these Assizes is explained by my Lord Bacon, who observes that all the Counties of the Kingdom, are divided into six Circuits; through each of which two learned Men, assigned by the King’s Commission, ride twice a Year, called justices or Judges of Assize, who have several Commissions, by which they sit, viz. 1° Commission of Oyer and Terminer, directed to them, and many others of the best Account in their respective Circuits. See OYER and TERMINER.—In this Commission, the Judges of Assize are of the Quorum; so that without them there can be no Proceeding. This Commission gives them Power to deal with Treasons, Murders, Felonies, and other Misdemeanors. See TREASON, FELONY, &c. The second is of Gaol-Delivery, which is only to the Judges themselves, and the Clerk of the Assize associate.— By this Commission they have to do with every Prisoner in Gaol, for what Offence soever. See GAOL-DELIVERY, &c.

The third is directed to themselves, and the Clerk of the Assize, to take Writs of Possession, called also Assizes; and to do Right and Justice thereupon. See WRIT. The fourth, is to take Nisi prius, directed to the Justices, and the Clerks of Assizes, whence they are also called Justices of Nisi prius. See NISI PRIUS. The fifth, is a Commission of Peace, in every County of their Circuit; and all the Justices of the Peace, having no lawful Impediment, are bound to be present at the Assizes, to attend the Judges. See PEACE.

The Sheriff of every Shire is also to attend in Person, or by a sufficient Deputy allowed by the Judges, who may fine him if he fail. See SHERIFF.

This excellent Constitution of Judges, Circuits, and Assizes, was begun in the Time of Henry the Second; though somewhat different from what it is now.

Special Assize, is a particular Commission granted to certain Persons, to take Cognizance of some one or two Cases, as a Disseisin, or the like—This was frequently practiced among our Ancestors. Bracton, lib. 3. c. 12.

Assize, or Assise, is also used for a Writ directed to the Sheriff, for the Recovery of Possession of Things immovable, whereof yourself, or Ancestors, have been disseized. See WRIT, POSSESSION, &c.

Littleton, and others, suppose these Writs of Assize to give the Denomination to the Assizes, or Courts so called; and assign several Reasons of the Name of the Writ:As,
First, because such Writs settle the Possession, and Right in him that obtains by them. Secondly, Because, originally, they were executed at a certain Time and Place appointed; for, by the Norman Law, the Time and Place must be known forty Days before the Justices sit; and by our Law there must be fifteen Days Preparation, except they be tried in the standing Courts at Westminster.—But, it is more natural to suppose the Writs denominated from the Courts; and that they were called Assizes, because anciently tried at special Courts of Assize, set and appointed for that Purpose.—Though, of later Days, they are dispatched at the general sizes, along with the Commissions of Oyer and Terminer.

This Writ is as well of Things corporeal, as incorporeal Rights, being of four Sorts, viz.

Assize, or Assise, of Novel Disseisin, which lies where a Tenant in Fee-simple, Fee-tail, or for Life, is lately disseised of his Lands or Tenements, Rent-service, Rent-seek, or Rent-charge, Common of Pasture, common Way, etc. See DISSEISIN, TENANT, &c.

To this may be added, the Bill of fresh Force, directed to the Officers or Magistrates of Cities or Towns-corporate; being a kind of Assize for Recovery of Possession in such Places, within forty Days after the Force, as the ordinary Assize is in the County. See FRESH FORCES.

Assize of Mort d'Ancestor, lies where my Father, Mother, Brother, Uncle, etc. dies seized of Lands, Tenements, Rents, &c. held in Fee-simple; and after their Death, a Stranger abates. See ABATEMENT.—It is good as well against the Abator, as any other in Possession. See ANCESTOR.

Assize of Darrein Presentment, lies where I, or my Ancestor have presented a Clerk to a Church, and after the Church becomes vacant by his Death, or otherwise, a Stranger presents his Clerk to the same Church, in my Disturbance. See PRESENTATION, PATRONAGE, etc.

These three Assizes were instituted by Henry the Second, in the Place of Duels; which, till then, had obtained on these Occasions—Magna assisa est regale Beneficium, Clementia principis de Concilio procerum populis indultum a quo vitae hominum & status Integritati tam Salubriter Consultur, ut in Jure quod quis in libero Soli tenemento possidet, retinendo, Duello Casu homines declinare possint, etc. Glanvill, lib: xi. c. 7. See DUEL, COMBAT, etc.

Assize of Utrum, lies for a Parson against a Layman, or a Layman against a Parson, for Land or Tenement, doubtful whether it be in Lay-fee, or Free-alms. See TRIREME, etc.

Assize, or Assise, is also used, according to Littleton, for a Jury. See JURY. This, that Author supposes to be by a Metonymia effecti, the Jury being so called: because summoned by Virtue of the Writ of Assize. See ASSIZE.

Yet it must be observed, that the Jury summoned upon a Writ of Right, is likewise called the Assize; but this may be said to be καταχρηστικώς, or abusively so termed. Assize, in this Signification, is divided into magna & parva.

Assize is also used, according to Littleton, for an Ordinance or Statute of Assize. See STATUTES and ORDINANCE.

Thus the Statute of Bread and Ale, Anno 51 Hen. 3. is termed the Assize of Bread and Ale.

Assize, or Assise, is further used for the Scantling or Quantity itself prescribed by the Statute.

Thus we say, when Wheat is of such or such Price, Bread shall be of such Assize.

Assize of the Forest, is a Statute or Condition containing Orders to be observed in the King’s Forest. It is called an Assize, because it sets down and appoints a certain Measure, Rate, or Order in the Things it concerns.

Clerk of Assize. See CLERK OF ASSIZE. Assize, again, is used for the whole Process in Court, founded on such Writ of Assize; and sometimes for a part of it, viz. the Issue or Verdict of the Jury.

Thus we read, that Assizes of Novel Disseisin shall not be taken but in their Shires; and after this Manner, etc. Magna Carta, cap. xii—So in Assertron, cap. iv. Hen. III. we meet with, Certified by Assize, quitted by Assize, etc. ASSIZER of Weights and Measures, is an Officer who has the Care and Oversight of those Matters. See CLERK OF THE MARKET.

ASSIZE