Legal Definitions - non ponendis in assisis et juratis

Non ponendis in assisis et juratis is a historical legal term that refers to a specific type of writ, which was a formal written order issued by a court. In historical legal systems, this writ served as a legal instrument to excuse or discharge an individual from the obligation of serving on an assize (a type of court session or jury) or a jury. Essentially, it was a formal document granting an exemption from jury duty, often based on a particular privilege, profession, or personal circumstance.

Here are some examples illustrating the application of non ponendis in assisis et juratis:

• Example 1: Essential Professional Service

  Imagine a master shipbuilder in a bustling port town during the 16th century, whose unique skills were crucial for maintaining the king's fleet. If this shipbuilder received a summons for jury duty, his employer (perhaps the Crown itself) might petition the court for a non ponendis in assisis et juratis writ on his behalf.

  This example illustrates the term because the writ would formally excuse the shipbuilder, acknowledging that his specialized and critical professional duties were deemed more vital to the public interest than his temporary service on a jury, thereby preventing him from being "put in assizes and juries."

• Example 2: Physical Incapacity

  Consider a wealthy merchant in the 18th century who, due to a severe and permanent injury sustained in an accident, was confined to his home and unable to travel or sit for extended periods. When a jury summons arrived, his legal representative could apply for a non ponendis in assisis et juratis writ.

  Here, the writ would serve to discharge him from jury duty due to his debilitating physical condition, recognizing that his incapacity would prevent him from effectively participating in court proceedings and fulfilling the demands of jury service.

• Example 3: Ecclesiastical Privilege

  Picture a high-ranking cleric, such as an abbot of a prominent monastery, in medieval England. Members of the clergy often held specific privileges and exemptions from certain civic duties, including jury service, to allow them to focus on their spiritual and administrative responsibilities. If such an abbot received a jury summons, he could invoke his ecclesiastical privilege and be granted a non ponendis in assisis et juratis.

  This example demonstrates the term by showing how a specific status or privilege, often rooted in historical custom or royal grant, could be formally recognized through this writ to excuse an individual from the civic obligation of jury service.