GRAND ASSIZE. A method of trial, in stituted by Henry II., by way of alternative offered to the choice of the tenant or defend ant in a writ • of right, instead of trial by battel. For this purpose a writ de magma assiza eligenda issued to choose four knights from the county and twelve from the vicin age. If some or all of the sixteen differed or were ignorant of the facts, more were summoned until there were twelve who could agree on a verdict. 1 Holdsw. Hist. E. L. 150. Abolished in 1834. The latest case is in 1 Bingh. N. C. 597; 5 id. 161.
"It Is abundantly clear that, whatever may have been the practice at a later time, the grand assize was a body of twelve, not of sixteen, knights ; in other words, the four electors took no part in the verdict." 2 Poll. & Maitl. 618, n. 3.
Although the jury were theoretically to speak only about matter of fact, the principle was long latent and tacit. "The recognitors in a grand as size were called upon to say whether the demand ant had greater right than the tenant, and in so doing they had an opportunity of giving effect of law. . . . We must not suppose that in such a case they followed the ruling of the justices ;" 627.
The assize of novel disseisin, the requirement of a royal writ to compel a man to answer for his free tenement, and the grand assize, are said to have been fashioned at the same time to uphold three ptinciples founded upon the idea of the sacredness of a freehold and intended to assure the royal pro tection of possession. "No one is to be disseised of his free tenement unjustly and without a judgment, . . . (nor) even by a judgment unless he has been summoned to answer by a royal writ ; no one le to be forced to defend his selsin of a free tenement by battel. The ordinance that Instituted the grand assize was a one-sided measure, a protection of pos sessors. The claimant had to offer battel ; the pos sessor, If he pleased, might refuse battel and put himself upon the grand assize ;" 1 id. 126. As to its place In the history of possessory action, see 2 id. 62.
Its date was probably during the first years of Henry II, but It is uncertain. Mrs. .7. R. Green, ib 1 Sel. Essays In Anglo-Amer. L. H. 125.