Legal Definitions - magna assisa eligenda

Magna assisa eligenda is a historical Latin legal term that translates to "for choosing the Grand Assize." It refers to the specific writ or legal process used in medieval England to select the twelve knights who would form the Grand Assize.

The Grand Assize was a significant legal innovation introduced by King Henry II in the 12th century. It offered a defendant in a land dispute (known as a "writ of right") an alternative to trial by combat. Instead of fighting a duel to determine ownership, the defendant could choose to have the case decided by a jury of twelve knights from the local area, who would investigate the facts and deliver a verdict. The magna assisa eligenda was the formal instruction issued by the royal court to the sheriff, commanding him to summon and impanel these twelve knights for the specific land dispute.

• Example 1: Lord Alaric and Lady Beatrice are embroiled in a dispute over the rightful ownership of a valuable piece of farmland. Lady Beatrice, the defendant, chooses to forgo trial by combat and instead requests a Grand Assize. The royal court would then issue a magna assisa eligenda to the sheriff of the shire, instructing him to gather twelve reputable knights from the vicinity to serve on the assize and determine who legally owns the land.

  Explanation: This example illustrates the direct application of the writ. Once the defendant opts for the Grand Assize, the magna assisa eligenda is the procedural step that initiates the selection of the knights who will hear the case.

• Example 2: During a period of significant legal reform in 12th-century England, a royal decree outlines new procedures for resolving land disputes. One clause details how, upon a defendant's request for a Grand Assize, a specific royal writ, the magna assisa eligenda, must be dispatched to the local authorities to ensure the proper selection and assembly of the twelve knights.

  Explanation: Here, the term is seen in the context of legal administration and reform. It highlights the writ as a standardized instrument for implementing the new Grand Assize procedure across the kingdom.

• Example 3: A medieval legal scholar, writing a treatise on the English common law, describes the various stages of a "writ of right" action. After discussing the initial pleadings, the scholar dedicates a section to the process of forming the Grand Assize, detailing how the issuance of the magna assisa eligenda was the critical juncture that transitioned the case from preliminary arguments to the actual selection of the fact-finding jury.

  Explanation: This example places the term within the broader procedural framework of medieval land law, emphasizing its role as a pivotal step in the legal process leading to a jury trial.