Legal Definitions - commission of assize

A commission of assize was a historical legal instrument, originating in medieval England. It was a special royal authorization issued by the monarch that empowered specific individuals, typically judges or other trusted officials, to travel to a particular region and hold court. Their mandate was to hear and decide legal cases, both criminal and civil, that arose in that locality. This system was vital for administering justice throughout the kingdom, especially when the king's primary judges (known as justices in eyre) were occupied elsewhere or could not frequently visit every part of the country. These commissions allowed for local trials, often involving local juries, ensuring that legal disputes and criminal matters could be addressed without requiring all parties to travel to a distant central royal court.

• Example 1: Resolving a Land Dispute in a Remote County

  Imagine two noble families in the remote county of Northumberland are locked in a complex dispute over the exact boundaries of their estates, leading to escalating tensions and minor skirmishes between their retainers. The King's central court judges are currently busy with major cases in London and cannot travel to Northumberland for several months. To prevent the conflict from escalating further and to ensure justice is served promptly, the King issues a commission of assize. This document empowers a trusted royal judge, Sir Geoffrey, to travel to Northumberland, convene a local court, gather evidence, hear testimony from local witnesses and juries, and ultimately rule on the land boundary dispute. This action ensures that the case is tried locally and efficiently, without waiting for the central court to become available.

• Example 2: Addressing a Wave of Crime in a Distant Shire

  The shire of Cornwall is experiencing a sudden surge in highway robberies and cattle rustling, causing significant fear among merchants and disrupting local trade. Local authorities are struggling to apprehend and prosecute the culprits effectively, and the King's main judges are currently on a circuit in the south-east of England. Recognizing the urgent need to restore order and uphold the law, the King issues a commission of assize. This commission grants a specific royal official, perhaps a baron with legal experience, the authority to travel to Cornwall. There, he is empowered to hold a special court, preside over the trials of suspected criminals, and administer justice, including sentencing. This immediate action demonstrates the commission's role in addressing urgent local legal issues when central judicial resources are stretched thin.

• Example 3: Clearing a Backlog of Cases After a Local Disturbance

  Following a period of local unrest and a minor rebellion in the Welsh Marches, many individuals were arrested, and numerous property disputes arose from damaged or seized lands. The local courts are overwhelmed by the volume of cases, and the regular royal judges are not scheduled to visit the area until much later in the year. To expedite the resolution of these cases and restore stability to the region, the King issues a commission of assize. This commission appoints a group of learned men, including a senior clerk and a respected knight, to travel to the Marches. Their mandate is to establish a temporary court, hear the cases of those accused in the disturbance, adjudicate property claims, and clear the backlog of legal matters. This illustrates how the commission provided a flexible mechanism for delivering justice and maintaining royal authority in specific regions during times of need.