obtained their name because they contained proceedings in actions of Assise before Justices of Assise, who were so called not because they held sittings at specified times on circuit, but because they were appointed, or assigned, to hear causes known as Assises, among which were those of Novel Disseisin, Mort d' Ancestor, and others. Their limited jurisdiction is mentioned in John's Great Charter, but was gradually extended. They, after a time, took the verdicts of juries at Nisi Prius in causes commenced in the Superior Courts, though judgement, except in certain specified cases, could be given only in the Superior Courts themselves; and by virtue of the Commissions of Oyer and Terminer, and Gaol Delivery, originally given to distinct Commissioners, they acquired a great portion of the power in criminal matters once enjoyed by the Justices in Eyre. The times of their sittings also obtained exclusively the name of Assises. Historically, however, the commencement of their authority is quite different from that of the Eyre. Until the Eyres died out, the Courts of the Justices of Assise were, in relation to the Common Bench, its handmaidens, while the Court of the Eyre was its superior.[1]
- ↑ When the Eyre was in any county, the jurisdiction of the Common Bench immediately ceased in that county, and the common pleas of the county were at once removed into the Court of the Eyre.
