Legal Definitions - certificate of assize

A certificate of assize was a historical legal document used in England. In essence, it was a formal order, or "writ," issued by a court that granted permission for a case to be heard again, effectively allowing a retrial. This mechanism provided a way to correct potential errors, injustices, or to consider new evidence that emerged after an initial trial.

While the specific term "certificate of assize" is no longer in use, its function has been replaced by modern legal procedures, such as a "court order granting a new trial," which serves the same purpose of allowing a case to be re-examined.

Here are some examples illustrating how a certificate of assize would have been applied historically:

• Imagine a medieval farmer, Elias, who lost a legal dispute over the ownership of a valuable piece of farmland to his neighbor, Thomas. A year later, Elias uncovers an ancient, forgotten land deed clearly establishing his family's long-standing claim to the property. To challenge the original verdict, Elias would have sought a certificate of assize. This document, if granted, would have allowed his case to be retried, giving him the opportunity to present the crucial new evidence and potentially reclaim his land.

• Consider a situation where a merchant, Lady Eleanor, was found liable for a large debt in a local court. Shortly after the trial, it was discovered that one of the key witnesses against her had committed perjury, fabricating testimony under duress. To rectify this grave injustice and have the case re-evaluated without the false testimony, Lady Eleanor's legal representatives would have petitioned for a certificate of assize. This writ would have been essential for securing a new trial where the truth could be properly established.

• Suppose a village blacksmith, John, was convicted of a minor theft based on circumstantial evidence. Later, a traveler passing through the village confessed to the crime, providing details that exonerated John. To overturn John's wrongful conviction and ensure justice, a legal petition would have been made for a certificate of assize. This would have enabled the court to reopen the case, consider the new confession, and potentially clear John's name.