Page:EB1911 - Volume 02.djvu/829

 which find a ready market all over Egypt. It is one of the chief centres of the Copts. Here also is the northern terminus of the caravan route across the desert, which, passing through the Kharga oasis, goes south-west to Darfur. It is known as the Arbain, or forty days road, from the time occupied on the journey. Assiut (properly Asyūt) is the successor of the ancient Lycopolis (Eg. Siöout), capital of the 13th nome of Upper Egypt. Here were worshipped two canine gods (see ), Ophoïs (Wepwoi) being the principal god of the city, while Anubis apparently presided over the necropolis. No ruins are visible, the mounds of the old city being for the most part hidden under modern buildings; but the slopes of the limestone hills behind it are pierced with an infinity of rock-cut tombs, some of which were large and decorated with sculptures, paintings and long inscriptions. The archaeological commission of the Description de l’Égypte visited them in 1799, when the walls of many of the large tombs were still almost intact; in the first half of the 19th century (and to some extent later) an immense amount of destruction was caused by blasting for stone. Three of the tombs illustrate one of the darkest periods in Egypt’s history, when the princes of Siut played a leading part in the struggle between Heracleopolis and Thebes (Dyns. IX.-XI.); another, of the XIIth Dynasty, contains a remarkable inscription detailing the contracts made by the nomarch with the priests of the temples of Ophoïs and Anubis for perpetual services at his tomb (see Breasted, Ancient Records of Egypt, Historical Documents, vol. i. pp. 179, 258). Remains of the mummies of dogs and similar animals sacred to these deities are scattered among the debris on the hillside in abundance. Lycopolis was the birthplace of Plotinus, the founder of Neo-Platonism ( 205–270). From the 4th century onwards its grottoes were the dwellings of Christian hermits, amongst whom John of Lycopolis was the most celebrated.

ASSIZE, or (Lat. assidere, to sit beside; O. Fr. assire, to sit, assis, seated), a legal term, meaning literally a “session,” but in fact, as Littleton has styled it, a nomen aequivocum, meaning sometimes a jury, sometimes the sittings of a court, and sometimes the ordinances of a court or assembly.

It originally signified the form of trial by a jury of sixteen persons, which eventually superseded the barbarous judicial combat; this jury was named the grand assize and was sworn to determine the right of seisin of land (see ). The grand assize was abolished in 1833; but the term assize is still applicable to the jury in criminal causes in Scotland.

In the only sense in which the word is not now almost obsolete, assize means the periodical session of the judges of the High Court of Justice, held in the various counties of England, chiefly for the purposes of gaol delivery and trying causes at nisi prius. Previous to Magna Carta (1215) writs of assize had all to be tried at Westminster, or to await trial in the locality in which they had originated at the septennial circuit of the justices in eyre; but, by way of remedy for the great consequent delay and inconvenience, it was provided by this celebrated act that the assizes of mort d’ancestor and novel disseisin should be tried annually by the judges in every county. By successive enactments, the civil jurisdiction of the justices of assize was extended, and the number of their sittings increased, till at last the necessity of repairing to Westminster for judgment in civil actions was almost obviated to country litigants by an act, passed in the reign of Edward I., which provided that the writ summoning the jury to Westminster should also appoint a time and place for hearing such causes within the county of their origin. The date of the alternative summons to Westminster was always subsequent to the former date, and so timed as to fall in the vacation preceding the Westminster term, and thus “Unless before,” or nisi prius, issues came to be dealt with by the judges of assize before the summons to Westminster could take effect. The nisi prius clause, however, was not then introduced for the first time. It occurs occasionally in writs of the reign of Henry III. The royal commissions to hold the assizes are—(1) general, (2) special. The general commission is issued twice a year to the judges of the High Court of Justice, and two judges are generally sent on each circuit. It covers commissions—(1) of oyer and terminer, by which they are empowered to deal with treasons, murders, felonies, &c. This is their largest commission; (2) of (q.v.) (3) of gaol delivery, which requires them to try every prisoner in gaol, for whatsoever offence committed; (4) of the peace, by which all justices must be present at their county assizes, or else suffer a fine. Special commissions are granted for inquest in certain causes and crimes. See also the articles ;.

Assizes, in the sense of ordinances or enactments of a court or council of state, as the “assize of bread and ale,” the “assize of Clarendon,” the “assize of arms,” are important in early economic history. As early as the reign of John the observance of the assisae venalium was enforced, and for a period of 500 years thereafter it was considered no unimportant part of the duties of the legislature to regulate by fixed prices, for the protection of the lieges, the sale of bread, ale, fuel, &c. (see ). Sometimes in city charters the right to assize such articles is specially conceded. Regulations of this description were beneficial in the repression of fraud and adulteration. Assizes are sometimes used in a wider legislative connexion by early chroniclers and historians—the “assisae of the realme,” e.g. occasionally meaning the organic laws of the country. For the “assizes of Jerusalem” see.

The term assize, originally applying to an assembly or court, became transferred to actions before the court or the writs by which they were instituted. The following are the more important.

Assize of darrien presentment, or last presentation, was a writ directed to the sheriff to summon an assize or jury to enquire who was the last patron that presented to a church then vacant, of which the plaintiff complained that he was deforced or unlawfully deprived by the defendant. It was abolished in 1833 and the action of (q.v.) substituted. But by the Common Law Procedure Act 1860, no quare impedit can be brought, so that an action in the king’s bench of the High Court was substituted for it.

Assize of mort d’ancestor was a writ which lay where a plaintiff complained of an “abatement” or entry upon his freehold, effected by a stranger on the death of the plaintiff’s father, mother, brother, sister, uncle, aunt, &c. It was abolished in 1833.

Assize of novel disseisin was an action to recover lands of which the plaintiff had been “disseised” or dispossessed. It was abolished in 1833. See Pollock and Maitland, ''Hist. Eng. Law.''

Assize, clerk of, an officer “who writes all things judicially done by the justices of assizes in their circuits.” He has charge of the commission, and takes recognizances, records, judgments and sentences, grants certificates of conviction, draws up orders, &c. By the Clerks of Assize Act 1869 he must either have been for three years a barrister or solicitor in actual practice, or have acted for three years in the capacity of subordinate officer of a clerk of assize on circuit.

United States.—There are no assize courts in the United States; it is not the custom for supreme court judges of the states to go on circuit, but the judges of the United States Supreme Court do sit as members of the United States circuit courts in the several states periodically throughout the year. These courts are not assize courts, but are federal as distinguished from state courts, and have a special and limited jurisdiction. In the several states the highest court is divided into departments, in each of which there are courts presided over by supreme court judges residing in that department, thus avoiding the assize court or circuit-going system. ASSMANNSHAUSEN, a village of Germany, in the Prussian province of Hesse-Nassau, on the right bank of the Rhine and the railway from Frankfort-on-Main to Niederlahnstein. Pop. 1100. It has a lithium spring, baths and a Kurhaus, and is famed for its red wine (Assmannshäuser), which resembles light Burgundy. From here a railway ascends the Niederwald. ASSOCIATE (Lat. associatus, from ad, to, and sociare to join), one who is united with another, and so generally a companion—in particular a subordinate member of an institution or society,