Assise
Concept of “Assisa, assise, assize “
Traditional meaning of assise in the French law history (with some legal use in England and the United States in the XIX Century) [1]: (in French) A jury, or inquest, summoned by a writ of assize. Also, a court; the sittings of a court; an ordinance or statute; a tax or tribute; an adjustment or measure; an action at law; a real action; a writ. The assizes: sessions of courts of assize and nisi prius, which are composed of two or more commissioners (in England) called judges of assize and nisi prius, who are sent, by special commission from the Crown, on circuits all around the kingdom, to try, by a jury of the respective counties, such matters of fact as are then under dispute at Westminster Hall; see 3rd Book (“Of Private Wrongs”), Blackstone’s Commentaries on the Laws of England 58. These judges are judges of the superior common-law courts, and the successors of the ancient ” justices in eyre,” justiciarii in itinere; they sit by virtue of several authorities, viz.: 1. Commission of oyer and terminer, to deal with treasons, felonies, etc. 2. Of gaol delivery, to try every prisoner in gaol, for whatever offence. 3. Of nisi prius, to try all questions of fact on cases in which issue has been joined in the courts of Westminster. 4. Of peace, by which all justices of the peace and sheriffs are bound to be present at their sittings. 5. Of assize, to take assizes and have jurisdiction of writs of assize. Action of assize: a writ and real action, having for its object the recovery of lands whereof the demandant or his ancestors had unjustly been disseised. It was not necessary, as in a writ of entry, to show the unlawful beginning of the tenant’s possession. Rents of assize: the certain established rents of the freeholders and ancient copyholders of a manor, which cannot be departed from or varied. Those of the freeholders are frequently called chief-rents, reditus capitales; and both sorts are called quitrents, quieti reditus, because thereby the tenant goes quit and free of other services. Assisa cadere (to fall from the assize): to be nonsuited; see 3rd Book (“Of Private Wrongs”), Blackstone’s Commentaries on the Laws of England 402. Assisa cadit in juratam (the assize falls to a jury): the assize is converted into a jury. Assisa continuanda: an ancient writ directed to the justices of assize to continue a cause, when time is desired for the production of records. Assisa proroganda: a writ to stay proceedings at the assizes because one of the parties was engaged in the King’s business. Assize of darrein presentment, Assisa ultimae praesentationis, I. An assize of last presentation. An action to determine who had the gift of a church living, superseded by quare impedit. Assize of fresh force, Assisa friscae fortiae, I. An action, or assize, which lay by a custom of a city or borough for the recovery of lands of which the demandant had been disseised within forty days. Assize of mort d’ancestor, fr.; Assisa mortis antecessoris, I. An assize to recover land of which the demandant’s father, mother, uncle, aunt, brother, sister, nephew, or niece died seised, and a stranger abated; see 3rd Book (“Of Private Wrongs”), Blackstone’s Commentaries on the Laws of England 185. Assize of novel disseisin, Assisa novae disseisinae, I. An assize to recover land of which the complainant had been disseised since the last circuit of the justices in eyre, i.e.; within seven years. Assize of nuisance, assisa de nocumento, I. An assize to remedy a nuisance, by having it abated and recovering damages; see 3rd Book (“Of Private Wrongs”), Blackstone’s Commentaries on the Laws of England 221 . Assize of utrum, assisa juris utrum, I. An assize sometimes called the parson’s writ of right, which lay for him or a vicar to recover church lands alienated by his predecessors; see 3rd Book (“Of Private Wrongs”), Blackstone’s Commentaries on the Laws of England 257. Grand assize: a peculiar jury, introduced by Henry II. and authorized in lieu of battel for the trial of writs of right. The sheriff returned four knights, who chose twelve others, making in all sixteen recognitors. All these assizes are now obsolete.
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Notes and References
- Based on A Concise Law Dictionary of Words, Phrases and Maxims, “Assise”, Boston: Little, Brown, and Company, 1911, United States. It is also called the Stimson’s Law dictionary. This term and/or definition may be absolete.
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