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Legal Definitions - de assisa proroganda
Definition of de assisa proroganda
The term de assisa proroganda refers to a historical legal writ, or formal written order, issued by a court.
In essence, it was an instruction to judges to postpone an "assize" (a session of a court, often involving a jury, to hear cases) because one of the parties involved in the legal dispute was actively engaged in official duties for the Crown (the monarch or government).
Here are some examples illustrating its application:
Imagine a medieval knight, Sir Gareth, who is a defendant in a dispute over property boundaries. However, the King has commanded Sir Gareth to lead a contingent of royal troops to defend a border against an invading force. Because Sir Gareth is performing vital military service directly for the Crown, a de assisa proroganda would be issued. This writ would order the court to delay his property trial until his essential duties to the King were completed, ensuring he could participate in his defense without neglecting his royal obligations.
Consider Lady Isabella, a prominent noblewoman who is the plaintiff in a case concerning a breach of contract. At the same time, the Queen has appointed Lady Isabella as a royal envoy to negotiate a crucial peace treaty with a neighboring kingdom. Her presence is indispensable for these high-stakes diplomatic discussions, which serve the Crown's interests directly. A de assisa proroganda would be issued to postpone her contract case, allowing her to fulfill her critical diplomatic mission without the added burden of attending court proceedings.
Picture a royal official, Master Thomas, who is a key witness in a criminal trial. Suddenly, a significant administrative crisis arises in a distant part of the realm—perhaps a famine requiring immediate royal intervention or a local rebellion needing a Crown representative to restore order. Master Thomas is dispatched by the King to manage this urgent situation, which is a direct service to the Crown. A de assisa proroganda would be used to delay the criminal trial, acknowledging that his immediate duty to the monarch takes precedence over his court appearance.
Simple Definition
De assisa proroganda was a historical legal writ used in English law. It commanded justices to postpone an assize, which was a session of a court, typically because a party involved was occupied with service to the Crown.