Legal Definitions - temerarium perjurium super assisam

temerarium perjurium super assisam

Historically, temerarium perjurium super assisam (pronounced: tem-uh-RAIR-ee-um per-JOOR-ee-um SOO-per uh-SY-zum) was a legal Latin phrase used to describe a verdict delivered by a jury during an assize that was considered recklessly false or perverse. An assize was a type of judicial proceeding or court session held periodically in historical English law, often dealing with serious criminal cases or land disputes. Essentially, this term referred to a jury's decision that was so clearly contrary to the evidence presented or the principles of justice that it implied the jurors had acted with a "rash perjury" in their sworn duty to deliver a true verdict.

Here are some examples to illustrate this historical concept:

• Imagine a medieval court where a wealthy landowner is accused of illegally seizing a common pasture from the local villagers. During the assize, multiple witnesses testify under oath, and ancient charters are presented, all clearly demonstrating the villagers' long-standing right to the land. However, the jury, perhaps intimidated by the landowner's power or swayed by a bribe, delivers a verdict in favor of the landowner, dispossessing the villagers. This decision, flying in the face of compelling evidence, would have been considered temerarium perjurium super assisam because the jury's verdict was recklessly false and perverse.

• Consider a criminal assize where a man is accused of a serious theft, and several credible eyewitnesses saw him commit the crime, and the stolen goods were found in his possession. Despite this overwhelming evidence, the jury, perhaps due to personal sympathy for the accused's family or local animosity towards the accuser, returns a verdict of "not guilty." This acquittal, which recklessly disregarded clear proof of guilt, would historically fall under the description of temerarium perjurium super assisam, as it represented a perverse judgment during the assize.

• In another historical scenario, a peasant is brought before an assize court, accused by a powerful baron of poaching deer on his estate. There is no direct evidence linking the peasant to the crime, only the baron's word and some vague circumstantial clues. Nevertheless, the jury, perhaps fearing the baron's wrath or influenced by a desire to maintain social order by punishing someone, convicts the peasant. This conviction, delivered without sufficient proof and seemingly based on reckless disregard for justice, would have been labeled temerarium perjurium super assisam, signifying a rash and unjust verdict.