Forms: 3–5 asise, 3–6 assyse, 4 assys, 4–6 asyse, assiss(e, 5 assis, assyze, acyse, asyce, 6 assyce, -ies, 3–9 assise, 5– assize. Aphet. 4–6 syse, 6 sise: see also SIZE. [a. OF. asise, assise, ‘act of sitting down, sitting, seat, siege; act of setting, settlement, fixation of imposts, assessment; appointment, regulation; regular mode, manner;’ substantive use of fem. sing. of a(s)sis, pa. pple. of asseoir, OF. aseeir ‘to sit at, set down, settle, assess’:—L. assidēre to sit at, sit down to: cf. ASSESS. Analogous to sbs. in -ata, -ada, Fr. -ée, from pa. pples. It is not clear whether the intrans. idea of ‘a sitting,’ or the trans. one of ‘a thing settled,’ was the original sense; perhaps both were equally early: see Stubbs, Const. Hist., § 160, where the suggestion is also made that in the latter sense assize was used to translate OE. ʓesetniss, ME. isetnesse, statute. In the sense of ‘assessment,’ assise was early corrupted to acise, accise, now corruptly EXCISE. In that of ‘measurement’ aphetized as SIZE.]
I. Legislative sitting, statute, statutory measure or manner.
† 1. A sitting or session of a consultative or legislative body. Obs.
Applied in OF. to the sitting of the King’s Council, but perhaps not in Eng. See next sense.
[Jus Municipale Normann., I. V. vi. (in Du Cange). Assise est une assemblée de plusieurs sages hommes en la Cour del Prince, en laquelle cen qui y sera jugié, doit avoir perdurable fermeté].
† 2. The decree or edict made at such a sitting. Obs. exc. Hist.
Applied specifically in Eng. Hist. to various formal edicts, named sometimes from the place where they were made, sometimes from the subject with which they were concerned; e.g., Assize of Clarendon, Assize of Arms, Assize of the Forest, Assize of Measures, Assize of Bread and Ale, etc. Assises of Jerusalem, the code of jurisprudence for the new kingdom of Jerusalem, established by the Crusaders in 1099.
[1164. Hoveden, Assisæ Henrici Regis factæ apud Clarendonum.]
c. 1330. R. Brunne, Chron., 301. Þe chartre of franchise conferm it ȝow he salle, & of þe first assise as his fader gaf it alle.
1590. Recorde, etc., Gr. Arts (1646), 316. The reason of the Statute of Assise of Bread and Ale.
1642. Charles I., Answ. Decl. Both Houses, 1 July, 41. Assises (or Assessements) of Arms.
1768. Blackstone, Comm., II. 66. By an ordinance in 27 Hen. II. called the assise of arms, it was provided that every man’s armour should descend to his heir.
1855. Milman, Lat. Chr. (1864), V. IX. vii. 349. Their code of law was the Assises of Jerusalem.
1875. Stubbs, Const. Hist., I. xiii. 573. The formal edicts known under the name of Assizes, the Assizes of Clarendon and Northampton, the Assize of Arms, the Assize of the Forests, and the Assizes of Measures, are the only relics of the legislative work of the period [of Henry II.].
† b. Hence gen. Ordinance, appointment, regulation, established order. Rent of assize (in the Assizes of Clarendon 1164, Assisus reditus): a fixed rent. Obs.
1303. R. Brunne, Handl. Synne, 804. Come blelyche to þe seruyse Whan holy chyrche settyþ asyse.
c. 1320. Seuyn Sages, 2490. Thine seuen wise, That han i-wrowt ayen the assise.
1523. Fitzherb., Surv., 11 b. Also it is to be enquered, who be fre tenauntes … and what they yelde by the yere of rent of Assise.
† 3. esp. Ordinances regulating weights and measures, and the weight and price of articles of general consumption (assisæ venalium); e.g., the Assize of Measures in reign of Henry II., Assize of Bread and Ale, 51 Henry III., etc. Also gen. Rule of trade. Obs. exc. Hist.
c. 1330. Poem temp. Edw. II. (1849), lxxiii. Somtyme wer marchants That trewly bout and sold, Now is thilk assise i-broke.
1473–4. Act 12 & 13 Edw. IV., in Oxf. & Camb. Enactmts., 9. The kepyng of assise of brede, wyne, and ale.
1601. Tate, Househ. Ord. Edw. II., § 15. He shal cause of fendors which have broken thassise to be punished.
1609. Skene, Reg. Maj., 149. They keip not … the assise (lawes) anent the bread, wyne, aill and fleshe.
1768. Blackstone, Comm., IV. 157. The assize of bread, or the rules laid down by law, and particularly by statute 31 Geo. II. c. 29. and 3 Geo. III. c. 11. for ascertaining it’s price in every given quantity.
1821. J. Q. Adams, in C. Davies, Metric Syst., III. (1871), 89. The act of 51 Henry III. (1266), is called the assize of bread and of ale.
4. The statutory regulation or settling of the price of bread and of ale, with reference to that of grain, in accordance with the aforesaid ordinances.
1447–8. Shillingford, Lett. (1871), 91. Thine predecessours have had assize of bred and of ale.
1577. Harrison, England, I. II. xviii. 294. In these markets … assises of bread … are not anie whit looked unto.
1638. Penkethman (title), Artachthos; or Assis of Bread.
1876. Rogers, Pol. Econ., xx. 12. The assize of bread, that is the regulation of its price by the price of wheat.
5. The standard of quantity, measure or price ordained by such ordinances; hence, customary, required or prescriptive standard.
a. 1400. Leg. Rood (1871), 80. Þan was it schorter þan þe assise.
1466. Paston Lett., 549, II. 268. For vii. barels bere, xviis. vid. For a barel of the grettest assyse iiis. iiiid.
1556. Chron. Grey Friars (1852), 2. Xxxv. men … sworne to mayntayne the assies in London.
1622. Callis, Stat. Sewers (1647), 25. They presented the said Were to be over high and … inhaunced above the ancient assize.
1710. Luttrell, Brief. Rel., VI. 586. Last week a baker was convicted for selling bread under the assize.
1768. Blackstone, Comm., I. 275. It was ordained that … the custody of the assise or standard of weights and measures shall be committed to certain persons.
1813. Examiner, 15 March, 160/1. The Lord Mayor … has ordered the price of Bread to rise half an assize.
1821. J. Q. Adams, in C. Davies, Metric Syst., III. (1871), 229. Laws regulating the assize of casks.
† 6. Hence: Measurement, dimensions. (Now SIZE.)
c. 1430. Syr Tryam., 1557. ‘A lytulle lower, syr,’ seyde hee … Now are we bothe at oon assyse.
1481–90. Howard Househ. Bks., 293. Iiij. peces of redde wusted of the grettest asyse.
1567. Drant, Horace Epist., A iij. Put out no puffes, nor thwackyng words, words of to large assyce.
1624. Bp. Mountagu, Gagg, To Reader 6. A pretty little Whip-Jacke of less than ordinary assise, in a blew Jacket.
† 7. Measure, extent (of things immaterial). Obs.
1625. Bp. Mountagu, App. Cæsar., 316. The power of the keyes are to both alike in equall assise. Ibid. (a. 1641), Acts & Mon., 83. A false surmise, that Prophecies and Promises be of like assise.
1655. H. L’Estrange, Chas. I., 166. Every event, of any considerable assise.
† 8. Mode, manner, fashion; quality. Obs.
c. 1325. E. E. Allit. P., B. 844. As in þe asyse of Sodomas to seggez þat passen.
c. 1350. Will. Palerne, 4451. It is geinli greiþed in a god asise.
1393. Gower, Conf., III. 144. First they … ben hard, and thilke assise Betokeneth in a king constaunce.
c. 1460. Emare, 830. Shypmen … Dyght her takull on ryche acyse.
† 9. Site, situation, position. Obs.
c. 1400. Rom. Rose, 900. Floures … of many gise Sett by compas in assise. Ibid., 1237. Ther nas a poynt, trewely, That it nas in his right assise.
1491. Caxton, Vitas Patr., II. 194 b/2. In all other thynges he kepte the myddell assyse.
† 10. ? Commodity; article; manner of thing. Obs.
c. 1300. K. Alis., 7074. Whan ther comes marchaundise, With corn, wyn, and steil, othir other assise.
II. A trial in which sworn assessors or jurymen decide questions of fact; a judicial inquest.
11. Orig. applied to: All legal proceedings of the nature of inquests or recognitions, fiscal, civil or criminal.
Esp. the Grand or Great Assize, recognition as to the right of the claimant in a writ of right, substituted in the reign of Henry II. for trial by battle, the assizes of Mort d’ancestre, Novel disseisin, and Darreine presentment, named in Magna Carta.
[c. 1290. Britton, III. iv. § 28. Qe le tenaunt se puse mettre en juree a la semblaunce de graunt assise, i.e. that the tenant may put himself on a jury after the manner of a great assize.]
1297. R. Glouc., 429. False sueryars of assyses.
c. 1330. R. Brunne, Chron., 64. He was chefe justise, Agayn þe erle Godwyn he gert sette assise.
1876. Digby, Real Prop., ii. § 2. 73. The cause, when ripe for trial, was decided either by the duel, or, under the great improvement of the law effected by an ordinance of Henry II … by the grand assize; that is, by the verdict of twelve milites of the neighbourhood, chosen by four other milites summoned by the sheriff for the purpose.
b. Hence, an action to be decided by such a trial; also applied to the writ by which it is instituted.
[c. 1481. Littleton, Tenures, § 233. Il poit aver Assise de Novel disseisin envers le tenant.] c. 1574 Transl. He may have an Assise of novel disseisin against the tenant.
a. 1626. Bacon, Maxims Com. Law, i. (1630), 6. And the disseisee bring his assize in the Court of the Lord.
1641. Termes de la Ley, 28 b. Assise is a writ, and it lyeth where any man is put out of his lands, tenements … and so disseised of his freehold.
1649. Selden, Laws of Eng., I. lxvii. (1739), 158. In case the Lord would hold the Wardship longer than the full age of the Heir, an Assize did lie against the Lord.
1768. Blackstone, Comm., III. 221. An assise of nusance is a writ, wherein it is stated that the party injured complains of some fact done.
1876. Digby, Real Prop., ii. § 9. 97. The writ of assize of Mort d’Ancestor was perhaps instituted by the ordinance called the Assize of Northampton, A.D. 1176.
12. Hence (usually in pl.): The sessions held periodically in each county of England, for the purpose of administering civil and criminal justice, by judges acting under certain special commissions (chiefly and usually, but not exclusively, being ordinary judges of the superior courts, or, since 1875, of the Supreme Court).
It was provided by Magna Carta that the judges should visit each county once every year to take assizes (i.e., try writs of assize) of novel disseisin, mort d’ancestre, and darreine presentment (so that the jury who constituted the Grand Assize (see 11) might not be obliged to travel from remote corners of England to appear in court at Westminster). Thence the names assizes, and justices or judges of assize, still retained by these circuit courts and itinerant judges, after their judicial functions have been greatly extended in various directions, especially in that of the trial of felonies and offences.
[1215. Magna Carta, Duos Justiciarios … qui … capiant in comitatu et in die et loco comitatus assisas predictas.]
c. 1386. Chaucer, Prol., 314. Justice he was ful often in assise, By patent, and by pleyn commissioun.
c. 1538. Starkey, England, 190. Thos wych haue authoryte in the sessyons and Sysys.
1577. trans. Bullinger’s Decades (1592), 191. At Sessions or Assises, parties appeare and sue one another.
a. 1626. Bacon, Use Com. Law (1635), 18. The third commission that the judges of circuits have is, a commission directed to themselves onely and the Clerk of Assize to take assizes, by which they are called Justices of Assize, and the office of those justices is to doe right upon writs called assizes, brought before them by such as are wrongfully thrust out of their lands.
a. 1674. Clarendon, Hist. Reb., II. VI. 150. Some few Counties, whither the King sent some Judges of Assize.
1758. Johnson, Idler, No. 46, ¶ 4. Finery for the assizes and horse-races.
1827. Hallam, Const. Hist. (1876), II. viii. 16. The judges of assize were directed to inculcate on their circuits the necessary obligation of forwarding the King’s service by complying with his writ.
Mod. Tried for murder at the Maidstone assizes.
b. attrib.
1624. Sanderson, Serm. (1681), I. 103. I … desired for this assise-assembly to choose a text as near as I could of equal latitude with the assise-business.
1628. Earle, Microcosm., xxviii. 61. He is fearful of being Sheriff of the Shire … and dreads the Assize-week as much as the prisoner.
1812. Sir S. Romily, in Examiner, 7 Sept., 573/2. The duty of a Sheriff was … to ride … before the Judges, into an Assize town.
1857. Thackeray, Fitz-boodle’s Prof., Misc. Wks. IV. 29. Confounded new policemen and the assize-courts prevent that.
13. In Scotland: a. A trial by jury.
1375. Barbour, Bruce, XIX. 55. [Thai] war with ane assiss thar ourtane.
a. 1605. Sir J. Melvil, Mem. (1683), 128. He went through the street to the Tolbooth to undergo his assize.
1609. Skene, Reg. Mag., Table 61. Ane Assise may proceid agains ane man absent being lawfullie summoned.
1651. Calderwood, Hist. Kirk (1843), II. 67. If the offender abide an assise, and by the same be absolved.
b. The jury or panel.
1513–75. Diurn. Occurr. (1833), 108. The names of the assyiss are thir; the erle of Cassillis, [etc.].
1574. trans. Littleton’s Ten., 48 b. This name assise, sometime is put for the Jury.
1609. Skene, Reg. Maj., 157. Or them quha spares the ritch men, and summons the pure men to passe vpon the assise. Ibid., Table 61. The Assise in the breive of richt, is of twelue sworne men.
a. 1715. Burnet, Own Time (1766), I. 31. The fact being only referred to the jury or assize as they call it.
† 14. Judgment, sentence; deliverance of opinion. Obs.
a. 1300. Cursor M., 19344. Vr eldrin god did Iesu rise … Þe quilk ȝe hang wiþ fals assise.
c. 1314. Guy Warw., 13. Herkeneth now, hou seith the wise? Y schal you schewe bi this asise.
1426. Audelay, Poems, 49. Thus sayd David forssoth in the Sautere, And verefyus in asise the love of our Lord.
c. 1570. Thynne, Pride & Lowl. (1841), 18. Perchaunce an issue hereon may be ioynt, Whereon thassise foorthwith we may award.
1643. Sir T. Browne, Relig. Med., II. § 14. Let us call to assize the loves of our parents.
15. With great, last, etc.: The Last Judgment.
a. 1300. Cursor M., 22780. For to deme baþe ded and quik … Al þat sal be at þat asise.
c. 1340. Richard Rolle of Hampole, Prick of Conscience, 5514. Þe haythen men at þat grete assys Sal þan be halden als men rightwys.
a. 1400. Cov. Myst., 60. Ȝoure soulys may thei save at the last asyse.
1413. Lydg., Pylgr. Sowle, I. v. 5. The grete assises, at which oure noble gloryous kyng wyl descende presentely in his owne persone.
1598. Sylvester, Du Bartas, I. ii. (1641), 18/1. Where life still lives, where God his Sises holds.
1620. Dekker, Christ’s Coming, in Farr, S. P. (1848), 172. That Lord by his own subiects crucified, So at his grand assize comes glorified.
1730. Beveridge, Priv. Th., I. 77. At the great Assizes of the World.
1812. Combe (Dr. Syntax), Pictur., VIII. 29. Till summon’d to the last assize.
† 16. transf. The office of judge, the action of judging, censorship. Obs.
1641. Milton, Ch. Govt., II. iii. (1851), 158. The Roman censor, a civil function, to that severe assise of survaying and controuling the privatest and sliest manners of all men and all degrees had no jurisdiction … no punitive force annexed.
1675. Hobbes, Odyss., 90. The judges … who had elected been By publick vote, of games to hold assize.
III. Isolated senses from French.
† 17. Siege, besieging. (So in OF.) Obs. rare.
c. 1430. Syr Generides, 8889. Generides by manly asise Hath beseged the tone of Vise … That noon may passe out I-wis.
† 18. Fixation of imposts, imposition, tax. Obs. (See EXCISE, a corrupt form of this word.)
1642. Howell, For. Trav. (Arb.), 74. When one hath seene the Tally and taillage of France, the Milstone of Spaine, the Assise of Holland … hee will blesse God, and love England better ever after.
† b. Assize-herring, a royalty of one thousand herrings due three times a year during the season to the kings of Scotland from each boat engaged in the herring fishery. Obs.
1597. Act 15 James VI., § 237. The … assise herring perteinis to our Soveraine Lorde, as ane part of his customes, and annexed propertie.
1673. H. Stubbe, Further Vind. Dutch War, App. 128. The King could not alienate the Royalty of the Assize-herring, by the Laws of Scotland.
