Legal Definitions - writ of association

A writ of association was a historical legal instrument used in English law. It was a formal written command issued by the Crown or a higher court, directing specific individuals to join or "associate themselves" with existing judges and senior legal officials. The primary purpose of this writ was to ensure that there were always enough qualified people available to serve as commissioners for important court sessions, known as assizes, which were held periodically throughout the country to administer justice.

Essentially, if there was a shortage of judges or other authorized legal personnel needed to conduct these courts, a writ of association would be issued to bring in additional, often subordinate, officers to assist and ensure the judicial process could proceed without interruption.

• Example 1: Addressing Unexpected Absences

  Imagine a time when a critical assize court session was scheduled in a remote county, but two of the three appointed justices fell ill just before it was due to begin. To prevent a significant delay in justice, a writ of association would have been issued. This formal order would compel, for instance, the most senior clerk of assize and perhaps a highly experienced local serjeant-at-law to join the remaining justice. By associating these individuals, the court would have enough qualified personnel to proceed with hearing cases, ensuring the legal process continued despite the unexpected absences.

• Example 2: Managing Increased Caseloads

  Consider a period when a particular circuit of assize courts was experiencing an unusually heavy caseload across several towns, making it impossible for the standard number of justices to cover all the required sessions efficiently. To address this backlog and ensure timely hearings, a writ of association could have been employed. This writ would direct additional legal officers, such as experienced barristers or other senior court officials who held commissions, to temporarily associate themselves with the existing justices. This expanded judicial team would then be able to divide the workload, allowing more simultaneous court sittings and clearing the backlog faster.

• Example 3: Ensuring Legal Quorum

  In historical legal practice, certain judicial bodies required a specific number of commissioners to be present for their decisions to be legally valid. If, for any reason, the usual complement of justices for an assize court was insufficient to meet this quorum, a writ of association would be issued. For example, if a statute required at least three commissioners for a particular type of trial, and only two justices were available, the writ would command a qualified subordinate officer, like a senior court registrar with a commission, to associate with them. This ensured the court had the necessary number of authorized individuals to legally constitute the judicial panel and render valid judgments.