Full text: [A to Belgiojo'so] (Vol. 1)

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ASSIZE—ASSOCIATION OF IDEAS. 
  
  
  
A. occupies the site of the ancient Assisium, a 
municipal town of Umbria, and presents the remains 
of the forum, the baths, and the aqueducts of the 
days of the Romans. In the piazza, or square, there 
stands a beautiful portico of the ancient temple of 
Minerva, consisting of fluted Corinthian columns and 
a pediment. There are abundance of olive-trees, and 
some fine mineral springs in the vicinity. The town 
has given title to a bishop since 240 A.p. It has 
manufactures of needles and files. 
ASSI'ZE. This word, literally signifying a ¢sitting’ 
or ‘session,’ is a term used in the principal European 
legal systems, and very much in the same sense, or 
rather senses in all, for 1t has more than one distinctive 
meaning. As is common with regard to most of our 
ancient legal technicality, the Latin language, in the 
first instance (assideo), and then the French (assis), 
appear to have led to its introduction into the phra- 
seology of the law of England, and, it may be added, 
also of Scotland, although in the latter country it 
has a more limited application in judicial procedure 
than in England, 4. being in Scotland the old tech- 
nical expression for a jury. In England, this word 
may also signify a jury, and it is sometimes used to 
denote an ordinance, decree, or law. But in modern 
practice, it is commonly applied to the sessions or 
sittings of the judges of the superior law-courts, 
held periodically in each county, for the purpose of 
administering civil and criminal justice. These 
courts came into use in room of ancient justices in 
eyre, justicia rei in itinere. They are now appointed 
by commissions issued to all the judges of the courts 
of common law, and to other learned persons, such 
as serjeants and barristers of suitable rank; and 
such commissions are accompanied by writs of asso- 
ciation, whereby certain persons (usually the clerk 
of A. and his subordinate officers) are directed to 
associate themselves with the justices and serjeants, 
and they are required to admit the said persons into 
their society, in order to take the assizes, &c., that a 
sufficient supply of commissioners may never be 
wanting. But, to prevent the delay of justice by the 
absence of any of them, there is also issued, of course, 
a writ of St non omnes, directing that, if all cannot be 
present, any two of them (a justice or serjeant being 
one) may proceed to execute the commission. These 
commissioners or judges of A. are sent twice in every 
year on circusts all round the kingdom, to try bya jury 
of the respective counties the truth of such matters 
of fact as are then under dispute in the courts of 
Westminster Hall ; and occasionally a third circuit 
is appointed in the course of the year, for the pur- 
pose of jail delivery. The circuits are eight in 
pumber—such as the Home, the Midland, the Nox- 
folk, the Oxford, the Northern, the Western, the 
North Wales, and the South Wales circuit ; and in 
going them, the judges or commissioners sit by 
virtue of four several authorities: 1. The commis- 
sion of the peace; 2. A commission of oyer and 
terminer ; 3. A commission of general jail delivery. 
The other authority is, 4. That of nisi prius, which 
is a consequence of the ancient commission of A. 
being annexed to the office of justices of A. by the 
statute of Westminster the second (13 Edw. L c. 
30) ; and it empowers them to try all questions of 
fact issuing out of the courts at Westminster that 
are then ripe for trial by jury. These, by the 
ancient course of the courts, were usually appointed 
to be tried at Westminster in some Kaster or 
Michaelmas term, by a jury returned from the 
county wherein the cause of action arose ; but with 
this proviso, nist prius, unless before the day pre- 
fixed the judges of A. should come into the county 
in question, which in modern times they have 
invariably done in the vacations preceding ; so that 
the trial has always, in fact, taken place before 
  
those judges. And now, by the effect of the statute 
15 and 16 Vict. c. 76 (the Common Law Procedure 
Act, 1852), the course of proceeding is no longer 
even ostensibly connected with a proviso at nisi 
prius, but the trial is allowed to take place without 
the use of any such words in the process of the 
court, and as a matter of course, before the judges 
sent under commission into the several counties. 
The circuit system, however, does not extend to 
London and Middlesex, which have instead courts 
of nisi prius, which are held before the chief or other 
judge of the superior courts for the trial of civil 
causes, at what are called the London and West- 
minster Sittings—the times for which sittings are 
now regulated by the Common Law Procedure Act 
of 1854 (17 and 18 Vict. ¢. 125, s. 2) ; and the estab- 
lishment of the Central Criminal Court (by the 4 
and 5 Will. IV. c. 36, the jurisdiction of which has 
been recently extended by the 19 and 20 Vict. c. 16), 
has sufficiently provided for the administration of 
criminal justice within these districts. 
The circuit courts of Justiciary in Scotland, of 
which there are three—the North, the West, and 
the South—very much resemble the assizes in 
England, and have, in criminal matters at least, 
very much the same jurisdiction ; but in civil causes 
their authority is very limited. 
In the sense of an ordinance or law, the term A. 
has various applications, although chiefly in the 
more ancient systems of jurisprudence. Thus, the 
‘Assizes’ of Jerusalem were, as we are told in Gibbon’s 
Decline and Fall (vol. xi. p. 93), a code of feudal laws 
for the kingdom of Jerusalem, formed in 1099 by an 
assembly of the Latin barons and of the clergy and 
laity under Godfrey of Bouillon. Then there were 
the ¢Assizes’ or ordinances regulating the price of 
bread, ale, fuel, and other common necessaries of 
life, but all of which have been abolished. The 
same regulations appear to have prevailed in Scot- 
land in ancient times. See JURY, TRIAL BY JURY, 
MARKETS. 
ASSOCIATE SYNOD, ASSOCIATE PRES- 
BYTERY, &ec., designations adopted among the 
SECEDERS (q.Vv.) from the Church of Scotland. 
There is also an Associate Synod in America, and 
an Associate Reformed Church, both of which have 
sprung from the Scottish Secession. 
ASSOCIA'TION. See Co0-0PERATION ; also, 
Sociery, LEAGUE, COMPANY. 
ASSOCIA'TION OF IDE'AS. This is a phrase 
of great importance in the Philosophy of the Human 
Mind, as expressing the most pervading fact at the 
foundation of our intelligence. By giving, therefore, 
a somewhat full exposition of this subject, we are 
able to explain, at once, a considerable number of 
the complex phenomena of mind in a more satisfac- 
tory way than by treating the several phenomena 
separately. What is meant by Association of Ideas, 
is familiarly illustrated by such occurrences as the 
following: When we see the sky becoming overcast, 
we think of rain as about to follow, the notion of 
rain not having previously been present to our mind. 
‘When we hear the church-bells, we are apt to think 
of the crowds in the street, or of some of the other 
circumstances of public worship. When we pass a 
house, we are reminded of its occupier; and meeting 
a person we know, we may be carried in thought to 
his office, and from that to other persons holding the 
same office, and so on. If an object is before my 
eyes, as a mountain, I am said to receive an impres- 
sion or sensation of it, in consequence of the actual 
presence of the thing; but it is possible for me to 
remember the mountain, or to have an idea of if, 
when far away from the reality, in which case there 
must be some power in the mind itself, different 
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