Legal Definitions - de non procedendo ad assisam

De non procedendo ad assisam is a historical legal term referring to a specific type of writ, or formal written order, issued in historical English law.

It was an order directed to justices (judges) instructing them not to proceed with an assize in a particular case. An assize was a type of court session or trial, often involving a jury, used to resolve various legal disputes, particularly those concerning land or serious criminal matters. Essentially, this writ served as a command to halt or prevent a specific trial or court proceeding from taking place.

Here are some examples illustrating its application:

• Example 1: Procedural Irregularity

  Imagine a situation where a local sheriff, responsible for summoning jurors for an assize, made a significant error in the selection process, potentially compromising the impartiality of the jury. Before the assize could commence, a higher court or royal authority, upon learning of the defect, might issue a de non procedendo ad assisam. This writ would command the justices assigned to that specific case to halt the proceedings until the procedural error was rectified and a properly constituted jury could be assembled, or the case could be heard in an appropriate manner.

  This illustrates the term because the writ directly prevents the assize from proceeding due to a fundamental flaw in its preparation, ensuring that justice is not compromised by procedural missteps.

• Example 2: Case Rendered Moot by Settlement or Pardon

  Consider a dispute over land ownership that was scheduled for an assize. Before the trial date, the two parties involved successfully negotiated a private settlement, agreeing on the division of the land and signing a formal agreement. To prevent unnecessary judicial proceedings, one of the parties or the Crown might petition for a de non procedendo ad assisam. The writ would then be issued to the justices, informing them that the underlying dispute had been resolved, and therefore, the scheduled assize for that particular case was no longer required and should not take place.

  This example demonstrates the term's use in preventing an assize when the legal matter it was intended to resolve has become moot or unnecessary, thereby conserving judicial resources.

• Example 3: Jurisdictional Conflict or Reassignment

  Suppose a criminal case, initially slated for an assize in a specific county, was later determined to fall under the exclusive jurisdiction of a different court, or perhaps a royal decree ordered that all cases of a certain nature be heard by a special commission rather than a standard assize. In such circumstances, a de non procedendo ad assisam could be issued to the justices who were originally scheduled to preside over that case. This writ would explicitly instruct them not to hold the assize, effectively transferring the authority to hear the matter elsewhere or by a different judicial body.

  This illustrates the term's function in redirecting or halting an assize when there is a change in jurisdictional authority or a decision to hear the case through an alternative legal mechanism.