Assizes (England and Wales)
Encyclopedia
The Courts of Assize, or Assizes, were periodic criminal
courts held around England and Wales
until 1972, when together with the Quarter Sessions
they were abolished by the Courts Act 1971
and replaced by a single permanent Crown Court
. The Assizes heard the most serious cases, which were committed to it by the Quarter Sessions (local county courts held four times a year), while the more minor offences were dealt with summarily by Justices of the Peace
in petty sessions (also known as Magistrates' Court
s).
The word assize refers to the sittings or sessions (Old French
assises) of the judges, known as "justices of assize", who were judges of the King's Bench
Division of the High Court of Justice who travelled across the seven circuits of England and Wales on commissions of "oyer and terminer
", setting up court and summoning juries at the various Assize Towns.
assise > Old French
assize ("session, legal action" – past participle of asseoir, to seat) > Vulgar Latin
*assedēre > Latin
assidre, to sit beside, assist in the office of a judge > ad- + sedēre to sit.
. Their criminal commissions were the commission of the peace, the commission of oyer and terminer
and the commission of gaol delivery.
By the Assize of Clarendon
1166, King Henry II
established trial by jury by a grand assize of twelve knights in land disputes, and provided for itinerant justices to set up county court
s. Prior to the enactment of Magna Carta
1215, writs of assize had to be tried at Westminster
or await trial at the septennial circuit of justices of eyre
, but the great charter provided that land disputes should be tried by annual assizes.
An Act passed in the reign of King Edward I
provided that writs summoning juries to Westminster were to appoint a time and place for hearing the causes with the county of origin. Thus they were known as writs of nisi prius (Latin "unless before"): the jury would hear the case at Westminster unless the king's justices had assembled a court in the county to deal with the case beforehand. The commission of oyer and terminer, was a general commission to hear and decide cases, while the commission of jail delivery required the justices to try all prisoners held in the jails.
Few substantial changes occurred until the nineteenth century. From the 1830s onwards, Wales
and the palatine county
of Chester
, previously served by Court of Grand Session
, were merged into the circuit system. The commissions for London
and Middlesex
were replaced with a Central Criminal Court
, serving the whole metropolis, and county courts were established around the country to hear many civil cases previously covered by nisi prius.
The Supreme Court of Judicature Act 1873
, which created the Supreme Court of Judicature
, transferred the jurisdiction of the commissions of assize (to take the possessory assizes, that is to say, to hear actions relating to the dispossession of land) to the High Court of Justice, and established District Registries of the High Court across the country, further diminishing the civil jurisdiction of the assizes.
In 1956 Crown Courts were set up in Liverpool
and Manchester
, replacing the Assizes and Quarter Sessions. This was extended nationwide in 1972 following the recommendations of a royal commission
.
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
courts held around England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
until 1972, when together with the Quarter Sessions
Quarter Sessions
The Courts of Quarter Sessions or Quarter Sessions were local courts traditionally held at four set times each year in the United Kingdom and other countries in the former British Empire...
they were abolished by the Courts Act 1971
Courts Act 1971
The Courts Act 1971 is an Act of the Parliament of the United Kingdom the purpose of which was to reform and modernise the courts system of England and Wales....
and replaced by a single permanent Crown Court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
. The Assizes heard the most serious cases, which were committed to it by the Quarter Sessions (local county courts held four times a year), while the more minor offences were dealt with summarily by Justices of the Peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
in petty sessions (also known as Magistrates' Court
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
s).
The word assize refers to the sittings or sessions (Old French
Old French
Old French was the Romance dialect continuum spoken in territories that span roughly the northern half of modern France and parts of modern Belgium and Switzerland from the 9th century to the 14th century...
assises) of the judges, known as "justices of assize", who were judges of the King's Bench
King's Bench
The Queen's Bench is the superior court in a number of jurisdictions within some of the Commonwealth realms...
Division of the High Court of Justice who travelled across the seven circuits of England and Wales on commissions of "oyer and terminer
Oyer and terminer
In English law, Oyer and terminer was the Law French name, meaning "to hear and determine", for one of the commissions by which a judge of assize sat...
", setting up court and summoning juries at the various Assize Towns.
Etymology
Assize > Middle EnglishMiddle English
Middle English is the stage in the history of the English language during the High and Late Middle Ages, or roughly during the four centuries between the late 11th and the late 15th century....
assise > Old French
Old French
Old French was the Romance dialect continuum spoken in territories that span roughly the northern half of modern France and parts of modern Belgium and Switzerland from the 9th century to the 14th century...
assize ("session, legal action" – past participle of asseoir, to seat) > Vulgar Latin
Vulgar Latin
Vulgar Latin is any of the nonstandard forms of Latin from which the Romance languages developed. Because of its nonstandard nature, it had no official orthography. All written works used Classical Latin, with very few exceptions...
*assedēre > Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
assidre, to sit beside, assist in the office of a judge > ad- + sedēre to sit.
History
Justices of the Court of King's Bench, Justices of the Court of Common Pleas, and Barons of the Exchequer of Pleas travelled around the country on five commissions, upon which their jurisdiction depended. Their civil commissions were the commission of assize and the commission of nisi priusNisi prius
Nisi prius is a historical term in English law. In the nineteenth century, it came to be used to denote generally all legal actions tried before judges of the King's Bench Division and in the early twentieth century for actions tried at assize by a judge given a commission. Used in that way, the...
. Their criminal commissions were the commission of the peace, the commission of oyer and terminer
Oyer and terminer
In English law, Oyer and terminer was the Law French name, meaning "to hear and determine", for one of the commissions by which a judge of assize sat...
and the commission of gaol delivery.
By the Assize of Clarendon
Assize of Clarendon
The Assize of Clarendon was an 1166 act of Henry II of England that began the transformation of English law from such systems for deciding the prevailing party in a case as trial by ordeal or trial by battle to an evidentiary model, in which evidence and inspection was made by laymen...
1166, King Henry II
Henry II of England
Henry II ruled as King of England , Count of Anjou, Count of Maine, Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Count of Nantes, Lord of Ireland and, at various times, controlled parts of Wales, Scotland and western France. Henry, the great-grandson of William the Conqueror, was the...
established trial by jury by a grand assize of twelve knights in land disputes, and provided for itinerant justices to set up county court
County Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the High Sheriff of each county.-England and Wales:County Court matters can be lodged...
s. Prior to the enactment of Magna Carta
Magna Carta
Magna Carta is an English charter, originally issued in the year 1215 and reissued later in the 13th century in modified versions, which included the most direct challenges to the monarch's authority to date. The charter first passed into law in 1225...
1215, writs of assize had to be tried at Westminster
Westminster
Westminster is an area of central London, within the City of Westminster, England. It lies on the north bank of the River Thames, southwest of the City of London and southwest of Charing Cross...
or await trial at the septennial circuit of justices of eyre
Justice in Eyre
In English law, the Justices in Eyre were the highest magistrates in forest law, and presided over the court of justice-seat, a triennial court held to punish offenders against the forest law and enquire into the state of the forest and its officers...
, but the great charter provided that land disputes should be tried by annual assizes.
An Act passed in the reign of King Edward I
Edward I of England
Edward I , also known as Edward Longshanks and the Hammer of the Scots, was King of England from 1272 to 1307. The first son of Henry III, Edward was involved early in the political intrigues of his father's reign, which included an outright rebellion by the English barons...
provided that writs summoning juries to Westminster were to appoint a time and place for hearing the causes with the county of origin. Thus they were known as writs of nisi prius (Latin "unless before"): the jury would hear the case at Westminster unless the king's justices had assembled a court in the county to deal with the case beforehand. The commission of oyer and terminer, was a general commission to hear and decide cases, while the commission of jail delivery required the justices to try all prisoners held in the jails.
Few substantial changes occurred until the nineteenth century. From the 1830s onwards, Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
and the palatine county
County palatine
A county palatine or palatinate is an area ruled by an hereditary nobleman possessing special authority and autonomy from the rest of a kingdom or empire. The name derives from the Latin adjective palatinus, "relating to the palace", from the noun palatium, "palace"...
of Chester
Cheshire
Cheshire is a ceremonial county in North West England. Cheshire's county town is the city of Chester, although its largest town is Warrington. Other major towns include Widnes, Congleton, Crewe, Ellesmere Port, Runcorn, Macclesfield, Winsford, Northwich, and Wilmslow...
, previously served by Court of Grand Session
Courts of England and Wales
Her Majesty's Courts of Justice of England and Wales are the civil and criminal courts responsible for the administration of justice in England and Wales; they apply the law of England and Wales and are established under Acts of the Parliament of the United Kingdom.The United Kingdom does not have...
, were merged into the circuit system. The commissions for London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
and Middlesex
Middlesex
Middlesex is one of the historic counties of England and the second smallest by area. The low-lying county contained the wealthy and politically independent City of London on its southern boundary and was dominated by it from a very early time...
were replaced with a Central Criminal Court
Old Bailey
The Central Criminal Court in England and Wales, commonly known as the Old Bailey from the street in which it stands, is a court building in central London, one of a number of buildings housing the Crown Court...
, serving the whole metropolis, and county courts were established around the country to hear many civil cases previously covered by nisi prius.
The Supreme Court of Judicature Act 1873
Supreme Court of Judicature Act 1873
The Supreme Court of Judicature Act 1873 was an Act of Parliament by the Parliament of the United Kingdom in 1873...
, which created the Supreme Court of Judicature
Supreme Court of Judicature
Supreme Court of Judicature may refer to:* Supreme Court of Judicature . Supreme Court of Barbados* Supreme Court of Judicature , Supreme Court of Guyana* Supreme Court of Judicature , the supreme court in Ireland from 1877 to 1920...
, transferred the jurisdiction of the commissions of assize (to take the possessory assizes, that is to say, to hear actions relating to the dispossession of land) to the High Court of Justice, and established District Registries of the High Court across the country, further diminishing the civil jurisdiction of the assizes.
In 1956 Crown Courts were set up in Liverpool
Liverpool
Liverpool is a city and metropolitan borough of Merseyside, England, along the eastern side of the Mersey Estuary. It was founded as a borough in 1207 and was granted city status in 1880...
and Manchester
Manchester
Manchester is a city and metropolitan borough in Greater Manchester, England. According to the Office for National Statistics, the 2010 mid-year population estimate for Manchester was 498,800. Manchester lies within one of the UK's largest metropolitan areas, the metropolitan county of Greater...
, replacing the Assizes and Quarter Sessions. This was extended nationwide in 1972 following the recommendations of a royal commission
Royal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...
.