The Book of Assizes

Abstract

The Book of Assizes, as we call it shortly, has two more formal and descriptive names. In the earliest printed edition it is called Liber Asssisarum et Placitorum Corone. On the title pages of later editions this is turned into French and expanded into Le Liver des Assises et Plees del Corone Moues et dependauntz deuaunt les Justices sibien en lour circuits come aylour en temps le Roy Edwarde le tierce. Why reports of Assizes and of Pleas of the Crown, two quite different things with no apparent connection, should be mixed up together may be considered later on. It will be best to begin with a word or two of definition. We still to-day talk somewhat loosely of Assizes, though in fact there have been no assizes, in the original sense of the word at any rate, since the last day of 1834, full ninety years ago, when they were abolished by the statute 3 & 4 William IV, c. 27. What were Assizes when the book which we are considering was compiled? Up to some time in Henry II's reign, the only way of settling which of two claimants to a landed estate, large or small, was actually entitled to hold it was a duel with cudgels between them, or, as more' usually happened, between “champions,” as they were called, representing them. The victor in these duels established, by the mere fact of his victory, his principal's absolute right to hold the land in dispute. There was no sort of appeal from a decision so obtained.