Grand Assize

An extraordinary trial by jury, instituted by Henry II., by way of alternative offered to the choice of the tenant or defendant in a writ of right, instead of the barbarous custom of trial by battel. For this purpose, a writ de magna assiza eliganda was directed to the sheriff to return four knights, who were to choose twelve other knights to be joined with themselves; and these sixteen formed the grand assize, or great jury, to try the right between the parties. 3 Bl. Comm. 351.

A method of trial, instituted by Henry II., by way of alternative offered to the choice of the tenant or defendant In a writ of right, instead of trial by battel. For this purpose a writ de magi Ki assiza eligenda issu,ed to choose four knights from the county and twelve from the vicinage. 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 lain 1 Bingh. N. C. 697; 6 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. & Maltl. 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 assize were called upon to say whether the demandant 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 id. 627. The assize of novel disseisin, the requirement of a royal writ to compel a man to answer for bis free tenement, and the grand assize, are said to have been fashioned at the same time to uphold three principles founded upon the Idea of the sacredness of a freehold and intended to assure the royal protection of possession. "No one Is to be disseised of bis free tenement unjustly and without a judgment,... (nor) even by a judgment unless be has been summoned to answer by a royal writ; no one is to be forced to defend his seisin of a free tenement by battel. The ordinance that Instituted the grand assize was a one-sided measure, a protection of possessors. The claimant had to offer battel; the possessor. If he pleased, might refuse battel and put himself upon the grand assize;” 1 id. 126. As tolls 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. J. R, Oreen, lb- 1 Sel. Essays in Anglo-Amer. L. H. 125.

A peculiar species of trial by jury, introduced in the time of Henry II., giving the tenant or defendant in a writ of right the alternative of a trial by battel, or by his peers. Abolished by 3 & 4 Wm. IV. c. 42, § 13. See 3 Bl. Comm. 341.

Defined under Assise or Assize in Black's Law Dictionary.

An extraordinary jury to try writs of right, introduced by ing previously triable only by battel. instrument whereby a ship is transferred bill of sale of a ship at sea. Grand jury, larceny, serjeanty: see those nonjuridici, holidays in court. Grand extensive than the ordinary distress, chattels of the party distrained when he made default after being

[L. Lat. magna assi Ba,'] In practice. A special or extraordinary kind of jury, introduced by king Henry II. for the trial of writs of right, the tenant or defendant being allowed the choice of this mode of trial instead of that by battel, which previously was the only method in use. 8 BU Com. 841, 851. Olanv. lib. 2. cc. 6, 7. It consisted of four knights, returned by the sheriff, who chose twelve others to be joined with them; the whole assise thus being composed of sixteen jurors, or recognitors, as they were otherwise called. 8 Bl. Com. 851. Glanv, lib. 2. cc. 11, 12. 1 Reeves' Hist. Eng. Law, 86. See De magna assisa eligenda. This kind of assise and the manner of choosing it are very fully described by Glanville, who is supposed by Sir William Blackstone to have advised the measure itself. 8 BL Com. ub. sup. The assise was called grand, according to Mr. Reeves, because the jurors were all knights, and were brought together also with more ceremony than those who composed the ordinary, minor or petit assise. 1 Reeves* ffist. Eng. Law, 86. Spelman voc. As* sisa. It continued in use in England down to a recent period, being abolished by statute 8 & 4 Will. IV. c. 42, § 13. A similar kind of jury was also formerly in use in the State of New-York, when writs of right were authorized forms of procedure. 1 Rev. Laws of 1813, 50.