Page:Cyclopaedia, Chambers - Volume 1.djvu/199

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sltcrn Judges and Officers did their Duty; to receive the Complaints prefer'd againft them ; and take Cognizance of Appeals from them. See Appeal, &c.

Assize, was alfo a Court or Affembly, compofed of fe- veral great Perfons of the Realm ; held occafionally in the King's Palace, for the final Decifion of all Affairs of Im- portance. See Court, Palace, %$c.

This is more ufually called, among our Writers, Ptacita, or Curite Generates. See Placita, Sec.

Tet there is fome Difference between 'JJizes and 'Placita, The Vicounts, or Sheriffs, who originally were only Lieu- tenants of the Comites, or Counts, and render'd Juftice in their Place ; held two Kinds of Courts, the one ordinary, held every Day, and called Placimm ; the other extraor- dinary, called Affize, or 'Plachum Generate ; at which the Count 'himfelf affifted for the Difpatch of the more weigh- ty Affairs.— Thefe Affizes were alfo called Maltum. See Count, Vicount, Sheriff,^.

Hence, the Term Affize came to be extended to all grand Days of Judgment, at which the Trials and Pleadings were K> be folcmn and extraordinary.

The modern Constitution of Affizes is pretty different from that hitherto fpoke of. — Our Affize may be defined a Courr, Place, or Time where, and when Writs and Pro- cefTes, either civil or criminal, or both, are confider'd, dif- patch'd, decided, &c. by Judges and Jury. See Process, Court, Day, Jury, ike.

In this Senfe, we have two Kinds of Affizes ^ general and fpecial.

General Assizes, are thofe held by the Judges twice a Year, in their feveral Circuits, See Circuit.

The Nature of thefe Affizes is explained by my Lord Bacon, who obferves that all the Counties of the Kingdom, are divided into fix Circuits ; thro each of which two learn- ed Men, afflgned by the King's Commiflion, ride twice a Tear, call'd Juftices or Judges of stfjtae, who have feveral Commiffions, by which they fit, viz.

i° CommiJJion of Oyer and 'Terminer, directed to them, and many others of the beft Account in their refpective Circuits. See Oyer andTerminer. — In this Commiflion, the Judges of Affize are of the Riorum ; fo that without them there can be no Proceeding. This Commiflion gives them Power to deal with Treafons, Murders, Felonies, and other Mifdemeanors. See Treason, Felony, &c.

The fecond is of Goal-Delivery, which is only to the Judges themlelves, and the Clerk of the Affize affbeiate. — By this Commiflion they have to do with every Prisoner in Goal, for what Offence foever. See GoAJ>5betivery, &c.

The third is directed to themfelves, and the Clerk of the Affize, to take Writs of Poffeffion, called alfo Affizes j and to do Right and Juflice thereupon. See Writ.

The fourth, is to take Nifi prills, directed to the Juftices, and the Clerks of Affixes, whence they are alfo called Ju- ftices of Niji prills. See Nisi frills.

The fifth, is a CommiJJion of Peace, in every County of their Circuit ; and all the Juftices of the Peace, having no lawful Impediment, are bound to be prefent at the Affizes, to attend the Judges. See Peace.

The Sheriff of every Shire is alfo to attend in Perfon, or by a fufficient Deputy allow'd by the Judges, who may fine him if he fail. See Sheriff.

This excellent Conftitution of Judges, Circuits, and Af- fixes, was begun in the Time of Henry the Second; tho fomewhat different from what it is now.

Special Assize, is a particular Commiflion granted to certain Perfons, to take Cognizance of fome one or two Cafes, as a Difleifin, or the like. — This was frequently practiced among our Anceftors. Bratlon, lib. 3. c. la.

Assize, or Affife, is alfo ufed for a Writ directed to the Sheriff, for the Recovery of Poffeffion of Things immovea- ble, whereof your fclf, or Anceftors, have been diffeiz'd. See Wp.it, Possession, &c.

Littleton, and others, fuppofe thefe Writs of Affize to give the Denomination to the Affizes, or Courts fo called ; and affign feveral Reafons of the Name of the Writ : As,

Firft, becaufe fuch Writs fettle the Poffeffion, and Right in him that obtains by them. Secondly, Becaufe, originally, they were executed at a certain Time and Place appointed ; for, by the Norman Law, the Time and Place muft be known forty Days before the Juftices^fit ; and by our Law there muft be fifteen Days Preparation, except they be tried in

the ftanding Courts at Wcftminftcr. — But, it is more natu. ral to fuppofe the Writs denominated from the Courts; and that they were call'd Affizes, becaufe antiently tried at fpe- cial Courts of Affize, fer and appointed for that Purpofe. — Tho, of later Days, they arc difpatched at the general Affizes, along with the Commiffions of Oyer and Terminer, &c.

This Writ is as well of Things corporeal, as incorporeal Rights, being of four Sorts, viz.

Assize, or AJJiJ'e, of Novel Diffcifin, which lies where a Tenant in Fee-fimple, Fee-tail, or for Life, is lately dif- feis'd of his Lands or Tenements, Rent-fervice, Rent-feck, or Rent-charge, Common of Pafture, common Way, JJ.C. See Disseisin, Tenant, &c.

To this may be added, the Bill of frefh Force, directed to the Officers or Magistrates of Cities or Towns-corporate; being a kind of Affize for Recovery of Poffeffion in fuch Places, within forty Days alter the Force, as the ordinary affize is in the County. See Fresh Forces.

Assize of Mort a" Anccflor, lies where my Father, Mo- ther, Brother, Uncle, &c. dies feized of Lands, Tenements, Rents, &c. held in Fee-fimple ; and after their Death, a Stranger abates. See Abatement. — It is good as well a- gainft the Abator, as any other in Poffeffion. See Abator.

Assize of Darrein Prefentment, lies where I, or my Anceftor have prefented a Clerk to a Church, and after the Church becomes vacant by his Death, or otherwife, a Stran- ger prefents his Clerk to the fame Church, in my Distur- bance. See Presentation, Patronage,^.

Thefe three Affizes were instituted by Henry the Second, in the Place of Duels; which, till then, had obtained on thefe Occasions. — Magna ajjifa eft regale Ben ficium, de- mentia prineipis de Conciiio procerum populis indiiltitm ; a quo vit£ bominum & flatus Integritati tarn Salubriter Con- fulitur, lit in Jure quod quis in libera Soli tenemento pojfi- det, retinendo, Duello Cajhm homines declinare poffunt, &c. Glanvill, lib: xi. c. 7. See Duel, Combat, &c.

Assize of ' Utrum, lies for a Parfon againft a Layman, or a Layman againft a Parfon, for Land or Tenement, doubr- ful whether it be in Lay-fee, or Free-alms. See Tithe,

&c.

Assize, or AJJife, is alfo ufed, according to Littleton, for a Jury. See Jury.

This, that Author fuppofes to be by a Metonymia effeBi, the Jury being fo called, becaufe fummoned by Virtue of the Writ of Affize. See Assize.

Tet it muft be obferved, that the Jury fummoned upon a Writ of Right, is likewife called the Affife ; but this rnay be faid to be iucra%pt?lKaf, or abufively fo termed. Affife, in this Signification, is divided in magnam & parvam.

Assize is alfo ufed, according to Littleton, for an Ordi- nance or Statute of Jjjize. See Statute and Ordi- nance.

Thus the Statute of Bread and Ale, Anno 51 Hen. 3. is termed the Affize of Bread and Me.

Assize, or Affife, is further ufed for the Scantling or Quantity it felf prefcribed by the Statute.

Thus we fay, when Wheat is of fuch or fuch Price, Bread fhall be of fuch Affize.

Assize of the Foreft, is a Statute or Condition contain- ing Orders to be obferved in the King's Foreft. It is called an Affize, becaufe it fets down and appoints a certain Mea- sure, Rate, or Order in the Things it concerns.

Clerk o/Assize. See Clerk of Affize.

Assize, again, is ufed for the whole Procefs in Court, founded on fuch Writ of Affize ; and fometimes for a part of it, viz. the IfTue or Verdict of the Jury.

Thus we read, that affizes of Novel Difjeifin fhall not be taken but in their Shires ; and after this Manner, &c. Mag. Chart, cap. xii. — So in Merton, cap. iv. Hen. III. we meet with, Certified by Affize, quitted by Affize, &c.

ASSIZER of Weights and Meafures, is an Officer who has the Care and Overfight of thofe Matters. See Clerk of the Market.

ASSISOR, the fame with AJfeffor. See Assessor.

In Scotland, JJJifors are the fame with our Jurors. See Juror.

ASSISTANCE. See Aid.

ASSISTANT, is ufed for a Perfon or Officer appointed to attend a principal Officer, for the more regular Dif- charge of his Function. — Such a Bifhop or Prielt had fe- ven or eight AJJiftanti.

Assistant,