ASSISE, or ASSIZE, (assisa, Fr. assise, from the Lat. assideo, to sit together,) in the law of England, is defi ned, in the ancient books, to be an assembly of knights, and other substantial men, with the justice, in a certain place, and at a certain time appointed. Hence it ap pears, that the term assise originally signified the jury who met and sat together for the purpose of trying causes.
Assise also signifies the court, time, or place, when and where the writs and processes of assise are taken and handled ; and, in this sense, assise is either general or special. An assise is general, when the justices go their several circuits, with commission to take all as sises ; and it is special, when a special commission is granted to certain for taking an assise upon one or two disseisins only, or the like.
The courts of assise are composed of two or more commissioners, who arc, twice in every year, by the king's special commission, sent all round the kingdom, (excepting London and Middlesex, where courts of nisi Jirius arc holden in and after every term, before the chief, or other judge, of the several superior courts,) to try, by a jury of the respective counties, the truth of such matters of fact as arc then under dispute in the courts of Westminster-hall.
The judges of assise came into use, instead of the an cient justices in Byre, (justiciaril in itinere,) appointed by the great council of the realm, A. D. 1176, 22 Hen.
II., who made their circuit once in seven years, for the purpose of trying causes. The present justices of as sise and nisi p•ius are derived from the stat. Westm. 2. 13 Edw. III. c. 16. They must consist of two of the king's justices of the one bench or the other, or the chief baron of the exchequer, or the king's scrjeant sworn. They usually make their circuits in the respec tive vacations after Hilary and Trinity terms; assises being allowed to be taken in the holy time of Lent, by consent of the bishops, at the king's request. Stat. Westm. 1. 3 Edw. I. c. 51.
The judges, upon their circuits, sit by virtue of five several commissions. 1. The commission of the peace. :2. A commission of Oyer and terminer. 3. A commission of general gaol-delivery. 4. A commission of assise. 5. A commission of nisi firius. See Blackst. Comment. B. III. ch. 5. (z)