Legal Definitions - assize

The term assize is a historical legal concept, primarily used in medieval English law, with several related meanings. It generally refers to a formal session of a court, a specific law or decree, or a particular type of legal procedure or trial, often involving a jury.

Historically, "assize" could refer to:

• A formal session of a court or council: In its most fundamental sense, an assize was a formal gathering of judges or officials to administer justice or conduct official business. These sessions were often held periodically in different regions.

  • Example: In the 14th century, a royal judge, known as a Justice in Eyre, would travel to various counties to hear serious criminal cases and resolve land disputes. When the judge arrived in a town and convened court to address the local grievances and try cases, that entire judicial session was referred to as an assize.

    Explanation: This illustrates "assize" as the formal sitting or session of a court where legal matters were heard and decided, often by traveling judges.

• A law or decree enacted by a governing body: Historically, "assize" could also refer to a specific law, statute, or decree issued by a king or council. These laws often dealt with matters of public order, property rights, or setting standards for goods.

  • Example: A medieval monarch, concerned about fair trade, might issue an assize establishing a uniform weight for a bushel of grain or a standard price for certain essential goods across all markets in the kingdom to prevent fraud.

    Explanation: Here, "assize" refers to a formal regulation or law put in place by a governing authority to standardize practices or maintain order.

• A specific legal procedure, a type of jury, or a trial: Over time, the term also came to describe particular legal procedures, especially those involving a jury, that were established by royal decree. It could also refer to the jury itself or the trial conducted under such a procedure.

  • Example: If a 13th-century farmer believed a neighboring lord had unjustly seized a portion of their inherited land, they might initiate a specific legal action known as an assize. This procedure would involve summoning a local jury to determine the facts of who had been in recent possession of the land, rather than engaging in a more dangerous trial by combat.

    Explanation: In this context, "assize" denotes a particular legal process or type of trial, often involving a jury, designed to resolve specific disputes, such as those over land possession.