Legal Definitions - de magna assisa eligenda

De magna assisa eligenda is a historical legal term from medieval England, referring to a specific type of formal written order, or writ, issued by a court. This writ was used exclusively in cases involving significant disputes over land ownership, particularly when a party initiated a legal action known as a "writ of right" to claim legal title to property.

The purpose of the de magna assisa eligenda writ was to initiate the process of forming a special jury known as a grand assize. The writ commanded a local sheriff to summon four knights. These four knights would then appear before the justices of assize (judges who traveled to hear cases) and, under oath, select twelve additional knights. This group of twelve chosen knights constituted the grand assize. Their crucial role was to investigate the claims and, based on their local knowledge, reputation, and any presented evidence, determine which party had the rightful claim to the disputed land.

• Example 1 (Feudal Land Dispute):

  Imagine two powerful feudal lords, Lord Arthur and Baron Cedric, both claiming ownership of a strategically important and fertile valley situated between their estates. Lord Arthur, believing he has the stronger historical claim, initiates a "writ of right" to formally assert his title to the valley.

  In response to Lord Arthur's writ, the royal court would issue a de magna assisa eligenda. This writ would direct the local sheriff to gather four reputable knights from the region. These four knights would then be responsible for selecting twelve more knights to form the grand assize, which would ultimately be tasked with deciding whether Lord Arthur or Baron Cedric held the stronger legal right to the disputed valley.

• Example 2 (Inheritance of an Estate):

  Upon the death of a wealthy landowner, Sir Geoffrey, his two distant cousins, Eleanor and Robert, both present compelling claims to inherit his ancestral manor and its extensive surrounding lands. Eleanor believes she is the rightful heir according to ancient family lineage and local custom, and she files a "writ of right" to secure her claim.

  To resolve this significant and complex land inheritance dispute, a de magna assisa eligenda would be issued. The sheriff would be ordered to find four knights, who would then swear an oath and choose twelve more knights. This grand assize would then carefully consider the evidence, family records, and local traditions to determine whether Eleanor or Robert held the true right to Sir Geoffrey's estate.

• Example 3 (Church vs. Local Baron):

  The Abbot of St. Benedict's Monastery claims that a large tract of valuable timberland, currently being used by Baron Fitzwilliam for hunting and logging, was historically granted to the monastery by a royal charter centuries ago. The Abbot seeks to recover the land for the monastery's use by issuing a "writ of right."

  The court would issue a de magna assisa eligenda to initiate the process of forming a grand assize. The sheriff would summon four knights, who would then select twelve additional knights. This grand assize would be tasked with investigating the monastery's charter, Baron Fitzwilliam's claims of long-standing use, and any other relevant evidence to decide the rightful owner of the timberland.