ASSAYSIARE

2 definitions found across Law Mind sources

ASSAYSIAREAuthored
The Law Mind • 530 words
Definition
In medieval Latin legal usage, to associate; specifically, to take or select persons as fellow judges or co-assessors in a judicial proceeding. The term appears in old English and Continental legal records and reflects the practice of formally constituting a panel of associate judges or judicial companions to sit alongside a presiding authority.
Why It Matters in Research
This term belongs to a cluster of medieval Latin procedural vocabulary that surfaces in early English court records, plea rolls, and administrative documents. Researchers encountering it in manuscript sources or calendared records should recognize it as a verb of appointment or association in a judicial context — not a substantive legal right or doctrine, but a procedural act of constituting judicial fellowship. The primary trap is conflation with the neighboring entry in Burrill, ASSECURARE, which concerns security, pledges, and assurance — an entirely different legal domain. Burrill's entry runs these terms in close sequence, and the truncated formatting of older dictionary editions can make the boundaries between entries unclear, particularly in reproduced or digitized versions. A researcher skimming quickly may absorb the assurance and security meanings as belonging to ASSAYSIARE when they do not. The term is unlikely to appear in common law sources after the medieval period. Its practical significance is limited to historians of early English or Continental procedure, scholars working with plea rolls, assize records, or documents referencing judicial constitution in the pre-modern period. For Law Mind corpus research, ASSAYSIARE itself will rarely be a productive search target; it is more useful as a decoding tool when the researcher has already encountered it in a primary source and needs to identify what act the document is recording.
Historical Dictionary Support
Burrill is the primary — and effectively the only — shelf source for this term. He cites Cowell's Interpreter for the core definition, rendering ASSAYSIARE as to associate, or to take or select as fellow judges or co-assessors. Cowell's Interpreter (1607, with later editions) was itself a glossary of legal Latin and law French terms drawn from medieval English practice, and Burrill frequently relies on it for this stratum of vocabulary. No significant divergence exists across historical sources because the term is sufficiently obscure that it appears in almost no other reference works. Its absence from later legal dictionaries — including Black's and Bouvier's — reflects both the term's obsolescence and its confinement to specialist antiquarian legal scholarship. The gap in later sources is itself informative: by the time systematic legal dictionaries emerged in the nineteenth century, the procedural practice this word described had long since been absorbed into more modern vocabulary of judicial appointment and panel constitution.
Related Terms
ASSECURARE — neighboring entry in Burrill; concerns security and pledges; not related in meaning despite proximity ASSESSOR — modern descendant concept; a person associated with a judge in an advisory or co-judicial capacity CONSESSOR — the Latin term Burrill uses as a synonym for the role being filled by those selected through assaysiare ASSOCIATE JUDGE — modern functional equivalent in judicial panel contexts ASSIZE — broader procedural context in which associate judicial appointments frequently occurred
ASSAYSIAREmain
Burrill's Law Dictionary • 1867
L. Lat. In old records. To associate; to take or select as fellowjudges, or consessors. Cowell. L. Lat. ASSECURARE, Adsecurare. In old European law. To make secure, (securum facere.) Spelman. To assure or secure by pledges, or any solemn interposition of faith. Cowell. To confirm or establish. Reg. Orig. 107 b. See Adsecurare. ASSECURATIO, Adsecuratio. L. Lat. [from assecurare, q. v.] Assurance; a making secure. See Assurance. Assecuration is used by old English writers. Richardson's Dict. In old maritime law. Assurance or insurance of a vessel or cargo; (aversio periculi.) Loccenius de Jur. Mar. lib. 2, c. 5. -A contract for the safe transportation of things for a certain premium, (conventio de rebus tutò aliundè transferendis pro certo premio.) Stypmannus, pars 4, c. 7, n. 262, p. 453. Emerig. Tr. des Assur. ch. 1, pr. A voyage insured. Independenter se habet assecuratio a viaggio navis; the voyage insured is a distinct thing from the voyage of the ship. Casaregis, Disc. 67, n. 5, 31. 3 Kent's Com. 318, note. The old European writers take notice that this is not a Latin word, that is, not purely so. Stypman. par. 4, c. 7, n. 267, p. 454. Kuricke, Diatrib. de Assec. p. 829.

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