ASSIZE, OR ASSISE
A judicial procedure in early England whereby a
certain number of men in a community were
called together to hear and decide a dispute; a type
of court. A type of writ, commanding the conven-
ing of such a tribunal in order to determine dis-
puted rights to possess land. An edict or statute
issued by an ancient assembly.
For example, the Assize of Clarendon was a
statute, or ordinance, passed in the tenth year of
the reign of King HENRY II (1164). It proclaimed
that those who were accused of a heinous crime
and were unable to exonerate themselves had
forty days to gather provisions from friends to
provide for their sustenance before they were
sent into exile.
The word assize comes from the Latin
assideo, which describes the fact that the men
taking action sat together. An assize could be a
number of citizens, eventually settled at the
number twelve, called to hear cases. They
decided on the basis of information they had or
could gather in the community. This group of
neighbors was presumed to know the facts well
enough to determine who was entitled to pos-
session of disputed lands. A writ of assize could
be issued on behalf of the king to commission
this body of twelve to hear a dispute.
Eventually, the writs gave birth to FORMS OF
ACTION for lawsuits concerning real property.
For example, the assize of novel disseisin was a
form of action for the recovery of lands after the
claimant had been wrongfully dispossessed (dis-
seised). The assize of NUISANCE was proper to
secure the abatement of a nuisance or for mon-
etary damages to compensate for the harm done
by the nuisance.
376 ASSIGNS
WEST’S ENCYCLOPEDIA OF AMERICAN LAW, 2nd EditionCROSS-REFERENCES
